Court Dismisses Puerto 80 Rojadirecta Case (For Now)... But Doesn't Give Back The Domain

from the um,-what dept

As we're still discussing the mess from the Dajaz1 censorship, in the other big case involving domain censorship, we've got another troubling situation.

Yesterday was the latest hearing in the forfeiture case involving Rojadirecta (Puerto 80), and the end result was that -- believe it or not -- the case was dismissed (pdf). The ruling doesn't say much -- basically says the reasons were stated during the oral arguments, and there's no transcript yet. However, the basics are that it was dismissed on a technicality (over a failure to plead the willfulness, which is necessary for criminal infringement), and the government has 30 days to amend and refile its complaint -- which is quite likely. While having the case dismissed sounds like a big deal, this seems more like a temporary pause, rather than anything meaningful at this point (unlike the Dajaz1 situation).

But here's the weird thing: technically, because of the dismissal, there's no forfeiture case going on, and the seizure time period has long expired. So... um... why does the government still have the domains in question? There's no ongoing case, and even if the government intends to refile, it's hard to see how it has a right to hang onto the domains in the meantime. But... it is. It seems like both Dajaz1 and Puerto 80 should be celebrating the returns of their domains today, but only one is....

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  1. identicon
    out_of_the_blue, 8 Dec 2011 @ 11:10am

    Not your invented "domain censorship", but actual piracy.

    "So it seems due process is facing extinction around the globe. Sad. Welcome back to Middle Ages."

    Exactly, except you're being facetious, while it's actually occurring. By continuing to conflate "censorship" with the actual fact that Puerto80 was involved at least on the surface in infringement (though you take a legalistic view that wasn't), you lose all reasonable agreement. As may be your purpose: controversy drives page views, right?

    Similarly, some of you fanboys seem to think that my disagreeing with Mike about his notions means that I'm for censorship. Can't unscramble your will mis-take, nor your black-and-white, you rabid ankle-biter attack-on-sight yapping, but you're not actually adding to your numbers with these tactics.

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