US DOJ Drops Charges Against Two Seized Websites
angry tapir writes "The U.S. Department of Justice has dropped its case against two Spanish websites that stream sports events nearly 17 months after U.S. Immigration and Customs Enforcement seized the sites and shut them down for alleged copyright violations. In a one-page brief to the U.S. District Court for the Southern District of New York on Wednesday, U.S. Attorney Preet Bharara of the district said his office had dropped the case against Rojadirecta.com and Rojadirecta.org. ICE seized the two sites on Jan. 31, 2011, and the DOJ asked the court to order that Puerto 80 Projects, the owner of the sites, forfeit the sites to the U.S. government."
What about the lost money? Time to sue.
According to the WhoIs, the .com domain was registered by a company in Arizona (Domain Proxy Company). The .org domain still shows up at the DoJ. Not sure, but looks like these were within the legislation of the U.S., because registered there.
Sadly, yep. The laws are functioning 'as intended'. Our legal system was never really designed to be fair or equal access, it has a lot of the 'individualism' mentality built into it, with justice going to those who have the money and power to utilize it. This is generally billed as 'freedom' since more of your fate is in your own hands.. or at minimal if your chances are not good you can blame the victim more.
To make them whole, the site owners need their site, payment for lost revenue, and advertizing to bring back the lost users.
If they got their site back due to a recent court ruling, then it may be hard to show that DoJ acted in bad faith when they first seized the site.
Perhaps the system worked as it was supposed to, which says the system needs adjusting.
Unfortunately, the content owners are busy 'adjusting' it in the opposite direction.
I don't see how the site owners can be made whole except maybe for some fund reserved for folks convicted and then proved innocent.
I once owned a computer repair store. I got a call from the bank, my account had been frozen and all assets drained by the IRS. No notice, no call, nothing.
The IRS claimed I owed taxes. I did not, I didn't even make close to enough to owe the amount they took. Three months later, it was found the IRS made a mistake. Did I get my money back? No. They refuse to refund me the money they STOLE, even after they admitted making a mistake. They offered a tax credit. Which did me no good as I was forced to shut the store down later that year. The government thinks nothing of destroying small businesses.
The U.S. government makes an even more bold claim than that. They have argued with Megaupload that the government can continue to seize their servers even if the case is dismissed. I'm halfway surprised that the government bothered to drop the charges against Rojadirecta since they feel they can keep cases like this in limbo indefinitely without any consequences.
This is one more reason to abandon DNS and make up something a bit more robust. The whole internet seems much more frail than it was supposedly designed to be. Whatever happened to all that 'redundancy' and 'routing around damage' thing? You drop anchor on a single cable and can knock entire countries offline. How convenient is that for our authoritarian friends we so eagerly reelect time after time?
“He’s not deformed, he’s just drunk!”