Feds Back To Seizing Websites Over Claims Of Copyright Infringement

from the motherfucking-eagles dept

While we've written plenty about the US Justice Department and US Homeland Security (via ICE) seizing various websites on questionable legal authority by claiming they were tools used for criminal copyright infringement, a series of pretty massive screwups seemed to have them, at least temporarily, shying away from such seizures around copyright claims. Huge errors like seizing Dajaz1 for over a year and then having to admit they had no evidence and give it back seemed to at least make them a little less cowboyish about the websites they chose to shut down and censor.

But, of course, this is the federal government we're talking about, and they sure loved the ability to shut down speech without any sort of adversarial hearing or, you know, due process. So you just knew it wouldn't last. The latest is that the feds have seized three more domains (applanet.net, appbucket.net and snappzmarket.com), claiming that they were "engaged in the illegal distribution of copies of copyrighted Android cell phone apps." Indeed, a quick look at the internet archive certainly suggests that these sites advertised that you could get "paid" apps for free if you joined. But does that warrant a criminal investigation and seizure? Perhaps there are more details, but given the sketchy details of earlier seizures, I'd wonder.

But, more to the point, if these sites were really engaged in such things, why wouldn't a civil copyright infringement lawsuit suffice? Why should the government get involved, when it involves completely pulling down a website with no warning, no adversarial hearing and no due process for those accused?

The Justice Department seems to indicate that this sort of thing is now a "top priority," because (apparently) they have way too much free time on their hands:
“Cracking down on piracy of copyrighted works – including popular apps – is a top priority of the Criminal Division,” said Assistant Attorney General Breuer. “Software apps have become an increasingly essential part of our nation’s economy and creative culture, and the Criminal Division is committed to working with our law enforcement partners to protect the creators of these apps and other forms of intellectual property from those who seek to steal it.”

“Criminal copyright laws apply to apps for cell phones and tablets, just as they do to other software, music and writings. These laws protect and encourage the hard work and ingenuity of software developers entering this growing and important part of our economy. We will continue to seize and shut down websites that market pirated apps, and to pursue those responsible for criminal charges if appropriate,” said U.S. Attorney Yates.

“The theft of intellectual property, particularly within the cyber arena, is a growing problem and one that cannot be ignored by the U.S government’s law enforcement community. These thefts cost companies millions of dollars and can even inhibit the development and implementation of new ideas and applications. The FBI, in working with its various corporate and government partners, is not only committed to combating such thefts but is well poised to coordinate with the many jurisdictions that are impacted by such activities,” said FBI Special Agent in Charge Lamkin.
One other tidbit of interest. Unlike the previous seizure disasters, this one appears not to have been led by ICE, but directly by the Justice Department (via the FBI). The announcement doesn't name this as a part of "Operation in our Sites" which seems to be a term specific to ICE's controversial program. Either way, they're still certainly using the eagle-heavy "seized" graphic they love to throw around, so, of course, we'd be remiss if we did not remind folks that they can purchase their very own "seized tee," to show what you think of the government's efforts.

Filed Under: android, apps, doj, domains, fbi, seizures, websites

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The First Word

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  1. identicon
    Anonymous Coward, 22 Aug 2012 @ 6:48pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    "I never said they were "bastions of free speech" just like I don't believe that porn producers are bastions of free speech. Unlike you, however, I recognize that even people we dislike and speech we dislike, gets protected under the law."

    Yet, you are faced with the courts, which have ruled before that some free speech may get hurt in the process of stopping illegal or unprotected speech from occurring.

    Let's use an example. A literary work, perhaps a great novel or a political opinion, 100 pages long, printed as a book. If that book contained a child porn image every 5 pages, would you think that the books should be seized before trial, or should they be left on sale? What if there was only one image, and it was "questionable"? Where do you draw the line?

    Clearly, seizing the material before a court case and stopping the sale would occur, even though there is an incredibly huge amount of free speech being stopped.

    "You're falsely narrowing it down to "obscenity." "

    Actually, what he is doing it showing you why things happen that you don't like. You may not like sites that are profiting from piracy being shut down, but honestly, what are the options? Leaving the site open means that the illegal acts continue unabated, which flies in the face of common sense.

    We do not arrest drug dealers and let them keep their crack and money for now, until they are found guilty. We arrest them, we seize their property (seemingly illegal, but not truly so until proven in court) and they are either detained until trial or bailed out on restrictive terms. We don't just let them walk until we have a conviction.

    When you pay attention to the criminal side (rather than civil side) cases, you would understand that seizure before judgement, the sealing of businesses, and the like are NOT unusual. Someone selling counterfeit DVDs at a flea market is very likely to have their entire inventory seized, as well as potentially the car used to transport them, the bags, and the like, and all held until the trial is completed. That can take years.

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