Re: RIAA Behind US Gov's Failed Domain Name Seizure
The ICE seizures over DaJaz1 and Rojadirecta, were legal disasters. Once again, DOJ has egg on the face over internet legal attempts to control what the copywrong gang doesn't like.
I noticed that Rojadirecta isn't mentioned in this article when I read it yesterday. Rojadirecta has already gotten it's domain back. In both cases they had to send in the lawyers to make the government obey the law. You will notice in the article that there is a one year limitation on property seizures. The purpose of property seizures as allowed by the court, isn't just to take away someone's stuff. Can't do that. The purpose of confiscation of property, as related to court actions, is to prevent the evidence from being tampered with prior to court. This is why the 1 year limit. It is not to give government nor police the ability to gain through property seizure. The only purpose of confiscation or seizure is preparation for court. It is the duty and the burden of the seizing arm to take it to court within the year or let the evidence go.
In Rojadirecta case, it was even more strange. Rojadirecta is based in Spain, and is a tv/sports/website. Rojadirecta has already withstood 2 court cases in Spain, where they were ruled legal both times. Senator Wylan wanted to know from ICE, what diplomat did they go through, prior to the seizure, to make sure that trade treaties between the two nations had not been violated. ICE responded with no answer.
My reasoning in all of this wandering is to set up the idea of why I believe Megaupload will be handled the same way. Once again, it's been done wrong. In both the previous cases, the response of ICE has been that if the owners want their property they have to come to the US and bring a court case to get them back and that is not how the law reads. ICE has perverted the law into something they want it to say and doesn't. The main purpose has been to kill the site. In neither case did they actually accomplish that. Both sites had back up domains, outside the control of the US government and within no more than a day were back on line.
It has been the hope of the government that the domains, only worth something like $10 or $15 wasn't worth the expense to go to court over. That's true of the counterfeit themed domains that were seized at the same time. But both examples had spent considerable time investing in the domains to increase their value.
What you are seeing in these examples is what is called regulatory capture. It's a great way to show corruption but it has little benefit for those who were acted against illegally. Regulatory capture is when the government acts at the behest of some corporation, regardless of the law, because that is what the corporation wants. Most of the time, the corporation gets the law changed to back it up. You also see this in action with the dealings over TPB.
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