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
    TtfnJohn (profile), 8 Dec 2011 @ 10:07pm


    I think you're giving them far too much credit for being able to pull off a conspiracy much less enter one.

    For members of the US House, they're stuck with a two year electoral cycle and given how much campaigns cost these days are gonna react favourably to big donors. In other words they're for sale to the highest bidder because it's rare once elected that people in congress get turfed. (Well, rare in comparison to parliamentary systems where the shelf life of an MP is about 3.5 years.)

    As for the content industry, at the end of the day they depend on global communications as much as the so-called "pirates" do. If they can't get their product outside of the United States because Congress passes silly rules that have that effect then, essentially, they cede the global dominance they have now to, well, Bollywood comes screaming to mind as they turn out films and music on an enormous scale now and will only increase it should these bills pass.

    What I'm really saying is that neither the politicians or the content industry have the innate ability to look far enough into the future to pull off a decent conspiracy of that kind.

    The unintended consequences of SOPA/PROTECT IP are huge and all of them will do nothing to improve American ability to compete in the global market. A market the content industry is quite used to, takes for granted and needs. It could affect other industries as well including the slowly recovering US auto industry.

    In short they haven't a clue what they're doing, they're scrambling only worried about the short term and not considering the long term either for their profit or detriment. Between spreadsheet accounting and two year election cycles it just doesn't occur to them.

    Anyway, it's too late. The horse is out the barn, in the fields and he ain't coming back in. Attempts to curtail global communication will be resisted at all levels of society from the individual to the largest corporation outside of the entertainment industry. So will attempts to censor it. That, as much as anything is the source of this proposed bill.

    SOPA/PROTECT IP is so onerous and smelly that it won't take much to motivate the public and in some districts it may actually convince people to go to the polls, if for no other reason than to fire those who are in favour of it.

    We saw that last week. All it takes is to keep the heat on a slow boil, I expect. This bill will increase that heat to a fast boil and more as it WILL get coverage.

    Here we go!

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