In den USA kann man sehen, was passiert, wenn wir im Netz Rechtsgrundlagen wie Unschuldsvermutung und Prozesse wegfallen lassen. Da verschwindet schon mal ein populäres Blog für ein Jahr ohne rechtliche Grundlage.
The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement. Then, after trying to hide behind a totally secretive court process with absolutely no due process whatsoever (in fact, not even serving papers on the lawyer for the site or providing timely notifications — or providing any documents at all), for over a year, the government has finally realized it couldn’t hide any more and has given up, and returned the domain name to its original owner. If you ever wanted to understand why ICE’s domain seizures violate the law — and why SOPA and PROTECT IP are almost certainly unconstitutional — look no further than what happened in this case.
This was flat out censorship for no reason, for an entire year, by the US government… Everyone should be horrified by this. It also shows what a joke the claims of supporters are that since „a judge reviewed the affidavit,“ there’s due process. Without the other party, there is no real due process. Not only that, but the government made sure, at every step of the way, that the other party was not heard. That’s horrifying. It wasn’t just an act of omission in leaving out the party, but actively preventing the party from being heard.
Wir haben in unseren Demokratien nicht ohne Grund Regeln für juristische Vorgänge. Diese müssen auch im Web gelten. Auch bei Urheberrechtsverstössen.