Member Avatar for Shinedevil

All the information is right here!

SNIP

This makes me question the aptitude of these senators that participated in this bill.

Edited by happygeek because: link snipped
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happygeek commented: feel free to discuss such issues, but don't just link to another site that is discussing them - thanks +0
vedro-compota commented: ++++ +0

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This thread raises the practical and legal questions behind seizure of a domain name for alleged infringement. posted the coverage; and expressed concern about property being taken before a final judgment; pointed out that "piracy" can mean different things. Below are clarifying points and concrete steps domain owners and operators should know now.

Most enforcement actions against a domain are civil "in rem" or forfeiture proceedings that treat the domain itself as the defendant. Practically that means a court order to the registrar can freeze DNS records and display a seizure notice while the legal case moves forward. That process is different from a criminal conviction and can be faster; it also shifts the onus onto the registrant or site operator to file a claim and defend the domain in court.

For anyone whose domain is affected: get counsel with experience in forfeiture and internet jurisdiction; preserve site content and logs immediately; contact the registrar only through counsel; and be prepared to challenge jurisdiction, notice, and due-process grounds. Non-US registrants often face extra hurdles because the action will be litigated in a US court. Public-interest groups and pro bono clinics sometimes assist in high-profile cases; check current resources if funds are limited.

To reduce future risk, keep off-site backups, keep clear records proving lawful use or licenses, and understand your registrar agreement (where disputes will be litigated). Laws and enforcement practices have evolved since this discussion began, so verify current rules and case law before relying on any single approach.

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Member Avatar for happygeek

Feel free to discuss the issues here Shinedevil, rather than just dump a link to another site where it is being discussed.

I'll get the ball rolling: should the US Government have the right to seize the domains of those 'accused of aiding piracy' under a new law which looks like being voted through?

The key word here, as far as I am concerned, is accused. Found guilty of, then maybe. But just accused? No way.

Member Avatar for vedro-compota

pirates - not only 1)those who are selling cracked software. Pirates - it is also 2)those who wrote the software , and then does everything to make old one become useless.And then offer to "pirate" prices to buy new.

I do not support neither the firsts nor the seconds. In this question not all is unequivocal.

Member Avatar for AndreRet

I agree with Davey. As long as an object, name, property belongs to me that I am accused of of using for criminal purposes, it still belongs to me until proven guilty that the said object, name property was used in any criminal activities before it can be seized.

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