domain disputes and seizures

domain disputes and seizures

domain disputes and seizures

This last Cyber Monday, eighty-two different websites learned that they would not be participating in the usual festive sales day. Instead, they were engaged in P2P, or peer to peer, file sharing of materials that are under copyright. Among the websites that were targeted was a Bit Torrent meta search engine. The Federal Government ran this online search and seizure sting as a joint venture between the Department of Justice and the Immigration and Customs Enforcement agency, or ICE. Copyright laws do not permit an individual or business to traffic in the creative or intellectual materials owned by another party without the property owners' expressed written consent.

These were the DMCA, or Digital Millenium Copyright Act passed in 1998, as well as the recent COICA Act, or Combating Online Infringement and Counterfeits Act. Other sites were dealing in the sale of counterfeited items such as purses, shoes, sporting goods and gear, athletic wear, and sunglasses. government has moved to seize or shut down the selling of these kinds of materials over the Internet that they deemed to be either willfully counterfeited or illegal. Others of the sites that the government shut down were not physically selling any goods. The precedent dates back more than ten years to the era when Napster first began giving away music downloads from copyrighted artists at no charge and with no compensation offered to the record labels and artists who owned the creative and intellectual properties. The intent lay in sending a loud and clear message to companies dealing in goods that are not rightfully theirs to vend to customers.

The government relied on two different congressional acts to affect its website seizures. This is not the first such time that the U.S. Cyber Monday is usually a day where websites are at their very busiest time of the shopping season and year. Some of the sites instead sold CD's, computer software, DVD's, and various other materials that were copyrighted. There are still more reports on the Internet that say that most, if not all, of the seized sites are back online and selling their goods using different website domain names.

Both congressional acts give the Department of Justice the powers necessary to take control of and shut down any websites that they believe to be vending copyrighted and counterfeited materials.

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