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. icon
    Chris Rhodes (profile), 8 Dec 2011 @ 11:13am

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

    So your position is that laws and due process don't need to be followed if the alleged violation is copyright infringement?

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