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Old 02-22-2012, 07:42 AM   #47
Ninjalawyer
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Also, to those saying that a system of copyright enforcement similar to the system in France uses can't/won't be misused should take a closer look at the current U.S. situation.

ICE in the U.S. has already been seizing website domains without any sort of trial, and (in some cases) preventing the individuals involved from even finding out what the issue is via sealed court proceedings. In the case of the Dajaz1.com blog, the U.S. seized the domain, held it for a year in secret and then returned it while pretending nothing happened. There's a bit of the story here and here.

Once your site is seized in the U.S., there's an incredibly convoluted process for getting it back. In the case of Dajaz1, the site owner's lawyer was never able to get any details about the case because the Federal government asked the court to seal the proceedings, proceedings that took place with no notice to Dajaz1 or its lawyers.

This highlights the problem of allowing enforcement prior to an adversarial process.

Last edited by Ninjalawyer; 02-22-2012 at 07:44 AM.
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