12-29-2011, 08:57 AM
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Confirmed User
Industry Role:
Join Date: Oct 2004
Location: In a refrigerator box by the tracks.
Posts: 4,790
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Quote:
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Passing legislation like this makes Federal Enforcement the judge, jury and executioner based on mere accusations of infringement. There is no due process, no impartiality, only a decision that is made in favour of the complainant.
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SOPA States:
(d) Modification or Vacation of Orders-
(1) IN GENERAL- At any time after the issuance of an order under subsection (b), a motion to modify, suspend, or vacate the order may be filed by--
(A) any person, or owner or operator of property, that is subject to the order;
(B) any registrant of the domain name, or the owner or operator, of the Internet site that is subject to the order;
(C) any domain name registrar, registry, or other domain name registration authority that has registered or assigned the domain name of the Internet site that is subject to the order; or
(D) any entity that has been served with a copy of an order pursuant to subsection (c) that requires such entity to take action prescribed in that subsection.
(2) RELIEF- Relief under this subsection shall be proper if the court finds that--
(A) the foreign Internet site subject to the order is no longer, or never was, a foreign infringing site; or
(B) the interests of justice otherwise require that the order be modified, suspended, or vacated.
Sounds no worse than content owners having to respond with a DMCA notice for every takedown request to the pirates. Now the pirates have to respond with a "But, it's not me!" request. |
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