Quote:
Originally Posted by Barry-xlovecam
[INDENT]An arrest (a seizure) can be made under the "plain sight rule" — without a warrant. When a crime is being committed in "plain sight."
Commercial infringement is a 5 year felony (a crime).
Seizure is not forfeiture. Seized property can be ordered returned by a court.
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That's correct. However, what people forget is there is a long running debate over the legitimacy of seizing property in this manner. Not only in the digital space, but also offline. If someones livelihood is his business and it is seized (lets say on false grounds) he no longer has the means to defend himself in court. The Government naturally loves this method, but many many legal people do not consider it just.
This is a fair example. Torrent-finder (there is some talk it was a hoax mind you), but assuming it was not. Torrent-finder may well be operating within the relevant DMCA laws, but the Government agencies carefully picked targets that are incapable of fighting back once they loose their possessions.