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. identicon
    Anonymous Coward, 24 Jul 2010 @ 8:29am

    Re:

    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.

    The Department of Homeland Security was created for the express purpose of protecting America from terrorist threats. How does shutting down sites that link to copyrighted movies fall within the scope of protecting America from terrorists.

    Please explain this claim in detail. Which part of civil forfeiture concurrent with a criminal investigation don't you get?

    The part where they don't actually file any charges, but rather just seize the person's assets without ever having to show any proof whatsoever.

    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.

    The very concept of asset seizure and forfeiture without a criminal conviction, violates due process. If a person is supposed to be innocent until proven guilty, how can the government legally seize their property? Such an action is punitive, but if the person is innocent, why are they being punished? Don't even get me started on the ridiculous idea that the property is being charged with a crime. If property can now be treated like a human being, where are its rights? Why isn't it appointed a public defender and given a fair trial?

    Asset seizure and forfeiture laws are nothing more than legalized stealing. I don't care how many courts have given this travesty their approval. Being able to take someone's property without ever charging the owner with a crime, or having to show any real proof that the property is the result of a criminal activity violates everything that America is supposed to stand for. It just goes to show how corrupt the courts are that they let the politicians pass a law that allows them to just take whatever they like with nothing more than a statement, and no oversight.

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