Can The Operators Of A Site Targeted By Homeland Security Crowdsource A Defense?

from the legal-long-shots dept

We've already covered the bizarre story of Homeland Security effectively working for Disney in seizing some domains of sites that were used to file share movies (way, way, way outside of Homeland Security's mandate), and covered the sneaky attempt to defend those moves by conflating copyright infringement online with counterfeit drugs being sold online. It's also still not clear that Homeland Security even has the legal right to seize those domains as it did. Now, one of those sites targeted by Homeland Security, NinjaVideo is trying to fight back, and appears to be trying to crowdsource a legal defense fund to handle the fight. I honestly don't know anything about NinjaVideo or what the site did, so I have no idea if it has a strong or weak case. I also do wonder how many people will really step up and support the site -- though if many do it could make for an interesting case study on its own as well. Either way, it's worth watching to see how successful the site is in raising money for its fight -- and then in the legal fight itself.

Filed Under: copyright, crowdsource, homeland security
Companies: ninjavideo


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  1. icon
    average_joe (profile), 24 Jul 2010 @ 7:30am

    Let's see.

    "We've already covered the bizarre story of Homeland Security effectively working for Disney in seizing some domains of sites that were used to file share movies (way, way, way outside of Homeland Security's mandate), and covered the sneaky attempt to defend those moves by conflating copyright infringement online with counterfeit drugs being sold online."

    Why do you think DHS works for Disney? Isn't it more likely they work for intellectual property rights holders in general against pirates and counterfeiters? Exactly which part of Homeland Security's mandate are you referring to? I'd like to see the exact verbiage of the mandate that you think they are working outside of. Why does DHS's IPR website distinguish between piracy and counterfeiting when you say they conflate the two? Can't they be against both? Isn't this sort of thing exactly within their mandate? Please explain your side, thoroughly, and with well researched arguments.

    "It's also still not clear that Homeland Security even has the legal right to seize those domains as it did."

    Please explain this claim in detail. Which part of civil forfeiture concurrent with a criminal investigation don't you get? Please cite authority for your position that this legal right is unclear. Please explain exactly how you've decided that it's violative of due process. Have you read what the courts have to say on the issue? Please explain what the courts say and then explain how they're wrong and you're right.

    You've insulted me and questioned my intelligence and understanding of the law. Somehow you think the fact that I'm in law school means I know less about the law than you.

    I'm calling you out, Mike. Back up your arguments.

    I'm back to hitting the books, but I'll check in later to see what you have to say. I'm sure the peanut gallery will chime in too, but I can almost guarantee no one will have anything substantive to say.

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