Messages of the Temple: Rojadirecta sues US government, Homeland Security & ICE over domain seizure

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Rojadirecta sues US government, Homeland Security & ICE over domain seizure

Posted by Sheba on 6/13/2011, 6:16 pm, in reply to "The list of sites challenging domain seizures"

This morning, we wrote about the list of sites that ICE knew was challenging its domain seizures, and some people complained that there still were no details. There's been a lot happening behind the scenes, but the first bit of public information is now available, as the company behind Rojadirecta, Puerto80 has officially filed suit against the US government, demanding the return of its domains. Not only that, but it's brought on some top notch legal talent to help them. The company is represented by Ragesh Tangri and Mark Lemley from Durie Tangri. If you're at all familiar with intellectual property law, you know who Lemley is, and know the level of respect he gets within intellectual property circles. In fact, it's interesting to note that one of Lemley's papers is one that we've seen frequently cited by those who believe the domain seizures are legal. The fact that he's arguing on the other side seems pretty telling.

The filing notes that it is asking the court to speed up the process, as it tried to be patient, but the delays in reclaiming the domain are harming Puerto 80's business. It also notes that "in hopes of avoiding having its property tied up in lengthy forfeiture proceedings, Puerto 80 decided to engage in good faith negotiations with the government and held off filing the instant petition pending the outcome of those discussions." It then lists out all of the detailed attempts to get the domains back. It involves multiple attempts by Puerto 80's lawyers to discuss this with the Justice Department, and as we heard from pretty much all the sites in this process, talking to anyone substantial proved to be quite difficult. It also notes that "the government attempted to dissuade Puerto 80 from filing anything in district court." That supports our contention that the government really wanted to avoid a legal challenge...

Earlier this morning we had supporters of the domain seizures insist that no one was actually filing lawsuits in the US over this. It will be interesting to see how they respond to this particular filing.

Link: Full aricle

The list of sites challenging domain seizures - Sheba 6/13/2011, 6:09 pm

Rojadirecta sues US government, Homeland Security & ICE over domain seizure - Sheba 6/13/2011, 6:16 pm

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[quote]
This morning, we wrote about the list of sites that ICE knew was challenging its domain seizures, and some people complained that there still were no details. There's been a lot happening behind the scenes, but the first bit of public information is now available, as the company behind Rojadirecta, Puerto80 has officially filed suit against the US government, demanding the return of its domains. Not only that, but it's brought on some top notch legal talent to help them. The company is represented by Ragesh Tangri and Mark Lemley from Durie Tangri. If you're at all familiar with intellectual property law, you know who Lemley is, and know the level of respect he gets within intellectual property circles. In fact, it's interesting to note that one of Lemley's papers is one that we've seen frequently cited by those who believe the domain seizures are legal. The fact that he's arguing on the other side seems pretty telling.

The filing notes that it is asking the court to speed up the process, as it tried to be patient, but the delays in reclaiming the domain are harming Puerto 80's business. It also notes that "in hopes of avoiding having its property tied up in lengthy forfeiture proceedings, Puerto 80 decided to engage in good faith negotiations with the government and held off filing the instant petition pending the outcome of those discussions." It then lists out all of the detailed attempts to get the domains back. It involves multiple attempts by Puerto 80's lawyers to discuss this with the Justice Department, and as we heard from pretty much all the sites in this process, talking to anyone substantial proved to be quite difficult. It also notes that "the government attempted to dissuade Puerto 80 from filing anything in district court." That supports our contention that the government really wanted to avoid a legal challenge...

Earlier this morning we had supporters of the domain seizures insist that no one was actually filing lawsuits in the US over this. It will be interesting to see how they respond to this particular filing.
[/quote]

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