Not to be conspiratorial, but I am starting to think the Anti Counterfeiting argument and seizures are just to get the general public used to the fact that it is OK for the government to do things like this to protect us. That way if the population ever puts down their tv remote and takes a good look at what is going on and tries to use the internet to protest the US government they can send ICE in to take the servers off line.
I think the fundamental difference with the IM case was in the IM case the two parties had an existing contract and were discussing the terms of the contract versus trying to foist a contract on someone.
"If the FBI were driving vans around American cities silently sniffing wireless networks, would you approve?"
I think it would be better if instead of doing it silently they played 'Turkey in the Straw' like an ice cream truck. Other than that it is radio traffic that is being broadcast into the air. If no method is used to indicate otherwise i.e. encryption any one should be able to 'listen in' with out it being a crime. No whether that can be done by the State without a warrant for use in a criminal investigation may be more debatable, or not.
ICE is not asserting any control over the content or the server or the IP address. They have seized control over where a particular domain name points to. They did not lock or board over the door, they took down the street sign on the corner.
I am sure artists being human will react differently depending on their own beliefs. I had a piece of art created by N8 Van Dyke done a few years back. I sent him a picture of the tattoo and told him the truth.. the drawing appealed to me so strongly I had it permanently inked into my body ;) He was thrilled and actually sent me a large autographed lithograph of the piece.
and how much more of this magical disappearing bandwidth gets used if I download a 120 MB file to my tethered computer vs downloading a 120 MB file to the memory card in my phone? I paid for the bandwidth.