Linked by Thom Holwerda on Tue 29th Nov 2011 21:28 UTC
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"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




Member since:
2011-03-18
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.