US Government Seizes 77 Domains Including Torrent Meta-Search Engine

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joel96

This is bad. I'm going to break this down into two parts, because we're dealing with two different copyright issues. I'll start with the counterfeit seizures. The government has seized private property in the name of protecting others' private property. If there is a conflict between two parties, then it is up to those to parties with the court as an intermediary (assuming third-party arbitration and settlement has failed) to come to a final judgement. Temporary injunctions, issued by the courts after reasonable evidence has shown that there is indeed infringement can be issued first regarding the content, then to the site owner, then to the host, and then to the ISP. Whether or not the goods being sold are counterfeit warrant only the seizure of counterfeit goods, to be held by ICE only temporarily, and to then be rendered to the manufacturers that were counterfeited against (I'm not saying this is the way the situation currently is, but as it should be). The seizure of domain names because of counterfeit activities is outside the power of ICE, and is wrong in and of itself. 

The news about Torrent-Finder is worse. The seizure has the same agency exceeding their authorized abilities and taking a private site on behalf of private interests, but with an extra added layer of wrong. This is because there has been no private interest that has lodged any accusation in any court. No party has been wronged, and yet Torrent-Finder has been punished as if guilty before any court action whatsoever. Torrent-Finder is innocent of any contributory infringement, like TPB and LimeWire--they are simply a vessel through which people have the opportunity to retrieve whatever content they want, just like with the Internet itself. Who holds the strings of ICE? Is it so unlikely that it is a private interest? I would be less concerned if I knew an evil club of lawyers like the MPAA or RIAA were behind the demand to shut the site down, but I know that it is far more likely, far darker a scenario that ICE has acted independently of any private interest, and could be in league with the FCC and FTC, as well as the FBI, who has most often been the federal enforcer of copyright breaches. Or perhaps the ICE is acting on its own, yet another unelected body granting itself power, extending its influence, and profiting from its actions by enlarging their territory. Their thirst for power will not stop with a single site. They will increase their reach to any who ICE or their puppeteers have decided have breached their independently created copyright rules, and eventually to anyone who opposes their dominance. The worst part of the ICE seizures is that it was possible and easy for them to seize the domain at all. This proves that the Internet is not the headless democracy that it is commonly thought of, but is instead a multi-headed beast, one that can be killed piece by piece by destroying each domain the federal bodies deem offensive. Who held the domain, and how was it taken from them? Was it an order, or was it forcibly taken? We must gain back the domain of Torrent-Finder, irregardless of the theft by ICE. We must establish an Internet created by the people that cannot be torn asunder by tyrants. We must not become the puppets--we must cut the strings. We cannot rid ourselves of the looming specter of the federal puppeteer, but we can separate them from their puppet--by de-funding ICE, we can cut the financial and power strings of our mutual master. 

 

 

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Derek Fredette

My case is published and the details are of public record.  I am not hiding behind a shield of anonymity, and I use my true name here.  There's a great book by Harvard law professor called "Unreasonable Doubts", written by Alan Dershowitz.  It's an analysis of the OJ Simpson trial as well as a look into the judicial system by a renowned legal scholar.  Read it.  My thoughts don't differ from his, and unless you have had any experience in court with complex litigation, you'd be hard pressed to form a truly informed opinion of it.

 

Remember this:  In the US, the "Bill of Rights" is not a list of rights of the people, it's a list of rights for the federal power.  While the 9th and 10th amendment recognize the source of the authority, the constitution is a grant of authority by the people to the government; not the other way around.  Sadly, the inattention the people have paid to its government over the past 234 years have let it grow too big for them to control.  This story here is a prime example it.  Moreover, the fact that most Americans outside of the legal system have never once read a single court case keeps them woefully uninformed as to what it is that this third branch of democracy is doing.  Keeping a watchful eye on the ever-expanding power of the state is the duty of each person.  The people have abdicated this duty, and they have done so irretrievably.

Whatever the facts are in my case, this case or any other, don’t be misled into believing that the system is reliable.  For 130+ death row condemned who were released because they were exonerated and clearly not guilty of the crimes for which they were condemned, this fact should alone serve as proof that more must be done to keep a grip on the power of the state.  But again, it takes a people willing to police its government to keep its government from policing them.

The expanding state story has played out over and over again throughout history.  This is nothing new. 

 

df

 

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dhosborne

For a government that was formed with a limited set of legal abilities, they have certainly grown to a big brother state when it comes to their ability to handle matters of questionable legality. As of the last several years this focus has been turned to the new "wild west" known as the internet.

However, in the recent year we have seen the birth of the wikileaks "project". Whether you are of the opinion that it is an "espionage" plot or a "freedom" movement, it is the united states government hemorrhaging data that it has deemed to "sensitive and of a dire nature".

Since this information is STILL available and the creators/editors of this site have not had an "accident" yet. I believe this is indicative that there is still due process and legal considerations that are being afforded to people that are clearly in violation of established US laws.

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Derek Fredette

I have personal experience with the unchecked power of the US Governement to seize vitrually anything it wants with essentially no cause.  I had over $1.3 million in assets (mostly cash) seized from buy the FBI.  My case notwithstanding, it is important that people recognize the reality of government actions, especially seizures.  They grab first and ask questions later.  This story reflects a perfect example of the gross overreaching the government operatives, ones who know little of technology and much of greed and hubris. 

I'd caution everyone to think about the seizures in this story.  The government has seized several sites when those sites ostensibly have done no wrong.  While some may be blantant offenders, others are not.  That some who may have done no wrong must now fight free of the net is another travisty of the system gone mad.  The judicial system is loathe to move and offers no help or protection.  They merely act as a rubber stamp for the police power.

"People inevitably receive the government they deserve..."

-Voltaire

It looks like the government is trending towards turning its power on the digital rights violators.  I suppose they have become tired of (or have consumed) the corporate fat cats and terrorists...I remember in the late 60's and early 70's when America was at against communism...then organized crime, then drugs, then terror and now torrents! 

Here's some advice:  stash your money in a hole somewhere :)

df

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dhosborne

Since you opend the door... what where your assets seized for?

It has been my experience that when the FBI takes legal action against someone they have a warrant and they are not going to lose their case.

 

 

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snapple00

Oh scary!

Big evil government stealing everyone's money and property with no reason!

Looks like you smoked too much weed and did too much acid in the 60s. The paranoia is strong with this one.

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Derek Fredette

good for you...stay asleep.  Sheep like to sleep.

 

df

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snapple00

Ok...

You just proved my point! Thanks!

Got any more cool made up stories?

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Eoraptor

COICA = BOHICA

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Mighty BOB!

Man the spammers are really out in force for Black Friday...

 

How does MaxPC find all those posts to delete them anyway?  There isn't a "flag this comment as spam" button anywhere.

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Hutif

Yes, this is exactly the sort of web site I'm not going to defend against government seizure...

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Ghok

Homeland Security? Over some clothing bootleggers and a torrent search engine? Come on now. Normally I'm not the type who'd defend someone selling ripoffs (I mean, clothing bootleggers are a big annoyance to those who use this site!) but I don't think we need to call in the guys who are supposed to be fighting terrorists!

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Danthrax66

People won't care until Youtube gets taken down because it has "infringing" content. People need to realize that allowing this kind of action just lets them push the envelope farther, look at the TSA.

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