Posted: September 4th, 2012 by Militant Libertarian
Looks like we’ve got something of a repeat of the Dajaz1 insanity, in which the US government seized and censored a website for over a year before giving up and handing the domain back — though this time it’s with Rojadirecta. You may recall the Rojadirecta case, where two domains have been held by the US government on a highly questionable legal theory for over a year and a half — well, the government just dropped the case, and it appears that the domains will be returned.
The case began when ICE seized two Rojadirecta domains from the Spanish company Puerto 80. As we noted at the time, Puerto 80 had been found legal (twice) in Spain, so it was hard to fathom that there could be “willful” infringement here.
Of course, over time, the situation got even more ridiculous. As with Dajaz1 and other sites, the US Attorneys in charge of the case stalled when the site fought back. In the case of Rojadirecta, Puerto 80 decided to stop waiting and sued the government. From there, something of a comedy of errors by the government ensued, with bizarre and unsupportableclaims, and (worst of all) repeated attempts to mix and match different pieces of the law todance around the fact that there was no legal basis for the seizure and the whole thing wasunconstitutional. Each time the feds would present an argument, as you picked it apart, you could see that even they didn’t seem to understand the law.