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U.S. Government Abandons Rojadirecta Forfeiture Attempt.

On September 1, 2012, in Uncategorized, by Scott Alexander Meiner

Wired reports that the U.S. Government gave notice of voluntary dismissal of its complaint for forfeiture against Rojadirecta.com and Rojadirecta.org. The dismissal came in light of a recent opinion from the United States Court of Appeals for the Seventh Circuit, Flava Works, Inc. v. Gunter, No. 11-3190, 2012 WL 3124826 (7th Cir., 2012).  Notice was accompanied by a letter indicating the prosecution’s acquiescence (here, and in the particular circumstances of this litigation) to evolving contributory copyright infringement definitions articulated by federal appellate courts in the seventh and ninth circuits. Whether other prosecutors will follow suit remains uncertain. Included in the issues was whether the United States government could forfeit a Spanish publisher for profitably facilitating access to, and of, performance of copyright infringement by permitting a platform for users to upload and access uniform resource locator (URL) addresses in which accessible content included copyrighted material without permission from copyright holders. The controversy persisted despite being ruled legal by Spanish courts.

 

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