Linked by Thom Holwerda on Tue 29th Nov 2011 21:28 UTC
Legal "After a series of one-sided hearings, luxury goods maker Chanel has won recent court orders against hundreds of websites trafficking in counterfeit luxury goods. A federal judge in Nevada has agreed that Chanel can seize the domain names in question and transfer them all to US-based registrar GoDaddy. The judge also ordered 'all Internet search engines' and 'all social media websites' - explicitly naming Facebook, Twitter, Google+, Bing, Yahoo, and Google - to 'de-index' the domain names and to remove them from any search results."
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RE[2]: A sticky problem
by cmchittom on Wed 30th Nov 2011 00:59 UTC in reply to "RE: A sticky problem"
cmchittom
Member since:
2011-03-18

An injunction can be filed that could shut down sites before a final ruling - the result of the filing is up to the discretion of the court but should be limited, by law/rule, to simple de-listing - as in this case.


I don't understand you—you say we shouldn't give up rights, but then you say that what you think should happen is in fact what happened.

Reply Parent Score: 2

RE[3]: A sticky problem
by looncraz on Fri 2nd Dec 2011 05:27 in reply to "RE[2]: A sticky problem"
looncraz Member since:
2005-07-24

"An injunction can be filed that could shut down sites before a final ruling - the result of the filing is up to the discretion of the court but should be limited, by law/rule, to simple de-listing - as in this case.


I don't understand you—you say we shouldn't give up rights, but then you say that what you think should happen is in fact what happened.
"

No, the injunction would need to be validated per defendant and domain. In this case, we are shutting down (probably MOSTLY legitimately) hundreds of web-sites without reviewing EACH alleged offender. Due process is being skipped here, whereas an injunction requires an initial assessment for each alleged infraction.

The difference isn't night and day, true, but it is the only way to ensure the protection of the innocent.

--The loon

Reply Parent Score: 2