In a cursory opinion issued today that left us scratching our heads, a federal judge has ruled that the government does not have to return a domain name seized by Immigration and Customs Enforcement (ICE), because its seizure did not create a substantial hardship. Really?
Puerto 80, the Spanish company behind popular sports streaming sites Rojadirecta.com and Rojadirecta.org, which were both seized by U.S. ICE earlier this year -- even though a Spanish court found they did not violate copyright law -- had filed a petition to have the sites released pending a trial on the merits of the case. The petition explained that government's seizure and continued control of the site was seriously damaging Puerto 80's business and also infringed on its readers First Amendment right to access its content. EFF, with co-amici Public Knowledge and Center for Democracy and Technology, submitted an amicus brief the elaborated on the First Amendment issues.
Puerto 80's petition explained that while the company can host content elsewhere, its usual visitors might not know how to find it. Too bad, said the court. "Rojadirecta has a large internet presence and can simply distribute information about the seizure and its new domain to its customers,"
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