by Mike Masnick
Mon, Dec 20th 2010 10:36am
We've already covered some of the serious problems with the "affidavit" filed by Homeland Security's Immigration and Customs Enforcement (ICE) unit, highlighting confusion about both how the internet works and the law itself. The affidavit was written by a recent college grad who appears to have little experience in the subject matter. What we had seen so far was only a partial version of the affidavit, covering the reasons for seizing Torrent Finder's domain. It was full of both technical and legal inaccuracies, which are troubling. The NY Times apparently got its hands on the entire affidavit (though, oddly, doesn't appear to offer it for download, as far as I can tell), and showed part of it to the operator of dajaz1.com, one of the sites that was taken down. The operator of the site notes that many of the examples used in the affidavit of infringing content were sent by the record labels themselves, and he showed the NY Times reporter the emails from labels sending the songs that were named in the affidavit. Hopefully the guy who operates the site has lined up competent legal help, because the more evidence that comes out in this case, the worse and worse Homeland Security/ICE is looking.
If you liked this post, you may also be interested in...
- Washington Redskins Appeal To SCOTUS On Trademark And Seek To Tie Their Case To That Of The Slants
- Court Says National Security Letters Are Now Constitutional Under USA Freedom Act
- Bernie Sanders' Campaign Joins Too Many Other Presidential Campaigns In Abusing Trademark Law
- Law Enforcement Raids Another Tor Exit Node Because It Still Believes An IP Address Is A Person
- Our Comment On DMCA Takedowns: Let's Return To First Principles (And The First Amendment)