I'm getting a database error so I can't see the actual article, but I disagree. One case is enough to prove that it can be done, and it may possibly happen again. Even if this gets successfully challenged, in the interim all .COM registrations are potentially at risk.
I regret using .com for my personal domain now. I'd like to change it, but I haven't decided which TLD to use yet. thepiratebay changed to "se", to I'm guessing Sweden has a trustworthy TLD.
It's going to be a pain as well, there are thousands of links, so I'll need to keep the .com domain if only for redirects.
DotSE is not at all trustworthy. Use DotTEL. Host nothing at MC.com, but rather have it redirect to MC.tel, and populate MC.tel with a link to the main page of your content, as well as links to mirrors of that content.
DotTEL is nice because all of your information is stored in DNS, and so the webpage itself is created dynamically from DNS. Also, it can't go down due to a DOS attack. Well, actually, it can, but then all DotTELs would be down, and so the burden of rectifying it would be on the registrar, rather than on you. Given that such a problem would be treated as an emergency, by them, the response will likely be swift. However, their response might include deleting your domain, but that could happen with any registrar, for other reasons. Anyway, there are other nice things about DotTEL, and I strongly suggest that it warrants investigation, for practical use, by anyone who is already using DotCOM.
I understand why TPB moved away from DotCOM, but I don't understand why they moved to DotSE. However, I do know that they were put on trial for breaking Swedish copyright law. The trial resulted in fines and jail time, with their Supreme Court refusing to hear the appeal just this month. While the trial was happening, I read reports of many strange legal things going on in court, and I read opinions about this being due to inordinate influence of the industry on the Swedish government. Regardless of the veracity of those reports and opinions, it seems obvious that you wouldn't want to use the domain of a country where you have already been in serious legal trouble, and lost.
Are you going to start hosting torrents on your personal domain? Just don't break the law. It's really that simple.
I understand the "censorship/free speech" deal. But I can't really defend these guys, they were blatantly breaking the law. Like, there wasn't a gray area - they just jumped right over the line.
To make this a "true argument" we'd need the US to take down a domain that interferes with free speech.
Hypothetically, I'm gay. If I have sex with a man, I'm "breaking the law" in tens of Islamist countries. Are you proposing that they should be allowed to extradite me for breaking their law?
Because, that's really what's happening here. Bodog is a non-American company, operating outside of America, with assets that aren't in America. Please elucidate on how exactly you think they are subject to American law before you give a smug "well, don't break the law then" response.
If you had sex in one of those Islamist countries, then yes of course. Look what Polanski did in 80s -- he ran away to Europe where laws are different not to face persecution. But he did have sex with underage on the American soil, hence it was in US interest to persecute. Had she gone to Europe and had underage sex with Polanski and came back to States and filed rape charges, that would be entire different story.
In Bodog case one could only wonder how much traffic they were getting from US. At some point, perhaps if they knew whats coming, they could ban US traffic or put notices all around their web that "there may be some laws in your country banning you from purchasing out products" etc.
I do not live in the USA. The laws which you're referring to, do not apply to me. They can be used to take my domain though. That's where the concern is.
Precedent doesn't work that way. All it means is that in a previous incident, a similar case was ruled on in a particular fashion, and typical jurisprudence is to stand by previous decisions unless there's a compelling reason not to.