by Mike Masnick

Filed Under:
brein, domains, netherlands, takedowns

brein, mpaa

Dutch Anti-Piracy Group, With MPAA's Help, Able To Grab 29 US-Hosted Domains... With No Trial Or Notice

from the everyone-seize-domains-now dept

Now that the US government appears to be endorsing the idea of simply seizing domain names without notice to the proprietors of those domains, it appears that others are doing the same as well. TorrentFreak reports that the Dutch anti-piracy group, BREIN, with help from the MPAA, has been able to get 29 different domain names -- all hosted in the US -- to point to BREIN's homepage instead. The owners of those domains were apparently given no notice and no recourse. It sounds like most of the sites did not host any content but linked to potentially infringing content.

Whether or not you believe that simply linking to potentially infringing content should be against the law, we're seeing yet another example of the simple lack of due process and how this may impact other areas. If BREIN can get US domains shut down, what's to stop other countries from doing the same thing? China doesn't like reporting by an American site about China? What's to stop it from trying to "seize" that domain? Even if we grant the idea that many of these domains were engaged in or encouraging unauthorized copying of works covered by copyright, why should BREIN and the MPAA simply get to shut them down without any sort of trial?

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  1. identicon
    Anonymous Coward, 17 Dec 2010 @ 11:41pm

    Re: Re: Re: Re: Re:

    Alright, let's accept that the market for the doctor's services is not the same as the market for the artist's services.

    It is nonetheless correct to observe that what the doctor is complaining about is the abuse of perceived persisting or residual value. This concept is exactly what has been used to argue that copyright duration should be extended, and extended, and extended.
    It is most certainly what motivated the songwriter who complained to Commerce Secretary Locke that the song he wrote was not becoming the "golden parachute" he had envisioned.
    Further, the doctor's complaint certainly is an "apples to apples" comparison when it comes to the real estate scoundrels who are trying to establish a hidden residual royalty on home sales to be paid to the original developer or home designer each and every time the home is sold - indefinitely.

    The problem with songwriters, and artists in general who want their past work to be their "golden parachutes" is that they are using copyright law to allow themselves not to work as long or as hard as they would otherwise have done. Copyright should NOT motivate laziness. This is even more egregiously true in the case of the home designer who was already paid, and now seeks additional payment for the same work.

    If you want to keep getting paid, then keep working. - - - Copyright was never meant to be your "Golden Parachute"

    When copyright and patent laws are used to incentivize indolence, then they become a threat to our nation's ability to compete in the world market, for I assure you that for every person who is enjoying the benefits of intellectual property "protection" here, there is someone working very hard in other parts of the world where there happens to be less government enforcement of these monopolies.

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