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Monday, December 19, 2011

postheadericon Does Congress Even Realize That The Courts Appear To Think That SOPA Is Already In Force?

(which are also published from time to time to Techdirt these days) make an incredible discovery of a series of demands to suggest that many courts and issue orders against the widespread and questionable third service providers when the owners of intellectual property come to take revenge. We have already covered the case of true religion and the case of Chanel. It should be noted that both the true religion and Chanel in favor of censorship of the Internet, by sending a letter encouraging attacks by ICE field and earlier versions of soup and PIPA. And it seems that figured why wait for the law of change, if only I could convince the court to give these resources already.

  • The link above shows another case, this time with Philip Morris. The pattern in all three cases is very similar. Web Works Company offers claims of infringement and demand. Court - not to listen to the site owners (and usually makes no effort to see if the sites are owned by the same owner) - massive issues against the orders of third party service providers to cut down or block these sites. As summarized Venkat, the order of Philip Morris restriction includes:
  • defendants on the use of Philip Morris brands in the web sites, domain extensions, links to other websites, search engine databases.
registrars of domain names are directed to transfer the certificate domain name to the applicant (for filing with the court). recorders are designed to transfer domain names to GoDaddy, "keeping records of domain names ... Confidence ... for the duration of the [action]. " GoDaddy data should also update the DNS to point to a copy of the complaint, summons, and court documents. Finally, Western Union is directed to "turn" transfers by U.S. consumers three appointees


All
without hearing the other side. It seems excessive? Of course. Venkat particular note that these remedies are. Think about it for a second: in the database
only
in the declaration of an employee of Philip Morris, the complete transfer is directed not only websites, but any how

funds

be sent to a website. It
crazy and a flagrant violation of due process reasonable.
the same link, Eric Goldman points out that the sudden appearance of three of these cases suggests that there are probably many more in the system. He noted that this information certainly seems like it should be of interest to those currently being debated these bills in Congress. You realize that the resources they describe are already used by the courts?


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