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Posted by on Aug 30, 2012 in Internet |

United States off the case Rojadirecta

United States off the case Rojadirecta

After more than a year and a half censored and taken by the U.S. authorities, the case seems over. Finally the domains seized by the feds will be returned to the Spanish company Puerto 80.

As many will recall, the case would begin for many months. ICE Rojadirecta confiscate domains, Spanish web links to sporting events, under the program “in our domain,” some actions to hijack those pages and sites that contain a link or event belonging to the United States.

Such actions were of dubious legal activity, as it took the domains under their jurisdiction without trial step, a situation that left the plaintiffs in a long process of defense until concluding with their business closed.

Puerto 80, the Spanish company owns Rojadirecta, claimed from the beginning of this process that the domains had been declared legal twice in Spain.

Finally ended up suing the Port 80 government itself and the case stalled. From there followed a series of blatant government failure, attempts to mix concepts and laws for the sole purpose of finding a legal basis to support the seizure.

For a few hours the case seems closed. Thus appeared after the recent judgment of Judge Posner, who explains that embed or link from a page or video clip is not illegal or infringing.

Today was the government itself admits a waiver in the case against Rojadirecta. Mark Lemley, who was part of the legal team that defended Rojadirecta said to Tech Dirt that:

Obviously we are very pleased that after 18 months it seems that we will get the domain names again. I think this is a sign that you can defend what is right in copyright and win.

A situation that still leaves many questions about the process that has been the case. The U.S. government seized and censored a site without passage through the courts. Over a year and a half later, just agreeing with the defense without accepting that it was a totally illegal movement.

A year and a half without being operational will never recovered.

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