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The techdirt article repeatedly makes reference to seizure laws as they apply to confiscated PROPERTY. Is there legal precedence for the blog to immediately ass
by eykanal 15y ago
The techdirt article repeatedly makes reference to seizure laws as they apply to confiscated PROPERTY. Is there legal precedence for the blog to immediately assume that such laws apply to digital domains, where nothing physical was confiscated?
- Natsu 15y agoWell, what law do you think the government invoked and why? Litigating an entire case ex parte and sealing the record so that the accused never even finds out what they were accused of should be quite troubling to anyone who believes in due process.
- VladRussian 15y ago>Litigating an entire case ex parte and sealing the record so that the accused never even finds out what they were accused of should be quite troubling to anyone who believes in due process. seems like definition of due process has been changed, secretly to avoid unnecessary disturbance to the public peace and enjoyment.
- ImprovedSilence 15y agoDigital media is not physical property, but i can still download a song and be accused of stealing somebody's property.
- chc 15y agoLegally speaking, no, you can't. If you download a song illegally, you might be accused of copyright infringement, which ironically carries stiffer penalties than just stealing the record would in many cases, but you will not be charged with theft unless they also suspect you stole something physical.
- sp332 15y agoDownloading songs usually isn't charged that way. Usually the uploaders are charged with violating copyright.
- drunkpotato 15y agoAssuming you meant convicted of stealing, and not accused (you can always be accused of doing anything): that hasn't been established. What has been established is that you can upload a song and be sued for violating someone else's copyright.
- Natsu 15y agoThe domain wasn't copied, downloaded, streamed, remixed, tweeted, emailed, torrented or archived. The domain was taken by ICE and its owner was deprived of any use of it, all while it hosted an image proclaiming the former owner to be a criminal of some sort.
- timwiseman 15y agoA domain name is property, even if it is not physical. For that matter, if the contents of a bank account are seized, nothing physical moves, but it is still certainly property. A future (as opposed to possessory) interest in land is property that can be seized, sold, and used as collateral, but it does not physically exist either (even if that one is tied to something that does physically exist). In short, a thing does not need to be tangible for it to be property.