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Government Memorandum of Law in Opposition to Petition for Release of Rojadirecta.com

Government Memorandum of Law in Opposition to Petition for Release of Rojadirecta.com

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Published by Terry Hart
Puerto 80 Projects v. US, Government's Memorandum of Law in Opposition to Petition of Puerto 80 Projects Seeking Release of Seized Property Pursuant to 18 USC S. 983(f), July 11, 2011
Puerto 80 Projects v. US, Government's Memorandum of Law in Opposition to Petition of Puerto 80 Projects Seeking Release of Seized Property Pursuant to 18 USC S. 983(f), July 11, 2011

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Published by: Terry Hart on Jul 12, 2011
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07/12/2011

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UNITED STATES
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
---------------x
PUERTO
80
PROJECTS,
S.L.U.,
Plaintiff,
-
v.
-
UNITED STATES
OF
AMERICA
AND
DEPARTMENT
OF
HOMELAND
SECURITY,'IMMIGRATION
AND
CUSTOMS
ENFORCEMENT,
Defendants.
-----------------
x
No.
11-CV-3983
(PAC)
(FM)
GOVERNMENT'S
MEMORANDUM
OF
LAW
IN
OPPOSITION
TO
PETITION
OF
PUERTO
80
PROJECTS,
S.L.U.
SEEKING
RELEASE
OF
SEIZED
PROPERTYPURSUANT
TO
18
U.S.C.
§
983(f)
Christopher
D.
Frey
David
I.
Miller
PREET
BHARARA
United
States
Attorney
for
the
Southern
District
of
New
York,
Attorney
for
the
United
States
of
America
Assistant
United
States
Attorneys
-
Of
Counsel
-
Case 1:11-cv-03983-PAC Document 18 Filed 07/11/11 Page 1 of 28
 
TABLE
OF
CONTENTS
PRELIMINARY
STATEMENT
FACTS
...
PROCEDURAL
HISTORY
STATUTORY
FRAMEWORK
STANDARDOF
REVIEW
ARGUMENT
1.
THE
PETITION
OF
PUERTO
80
MUST
BE
DENIED BECAUSE
IT
HAS NOT
SATISFIED
ITS
BURDEN
OF
DEMONSTRATING
THATTHE
REQUISITE
FACTORS
UNDER
SECTION
983(f)
ARE
MET
A.
B.
Puerto
80
Has
Failed
To
Demonstrate
"Substantial
Hardship"
As
Required
By
Section
983(f).
The
Petition
Should
Be
Denied
Because
Returning
The
Seized Property
Would
Afford
Puerto
80
The
Ability
To Commit
Additional
Criminal
Acts
..
1.
Puerto
80
Engaged
in
Criminal
Copyright
Infringement
Priorto
the
Government's
Seizure
oftheRojadirecta
Domain Names.
a.
The
Existence
of
a
Valid
Copyright.b.
Infringing
Acts.
c.
Willfulness.
d.
Financial
Gain.
CONCLUSION
1
36
7
101010
11
1617
18
18
2224
26
Case 1:11-cv-03983-PAC Document 18 Filed 07/11/11 Page 2 of 28
 
UNITED STATES
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
---------------
x
PUERTO
80
PROJECTS
I
S.L,U'
I
Plaintiff
l
-
v.
-
UNITED STATES
OF
AMERICA
AND
DEPARTMENT
OF
HOMELAND
SECURITYIMMIGRATION
AND
CUSTOMS
ENFORCEMENT
I
Defendants.
-----------------
x
No.
11~CV-3983(PAC)
(FM)
PRELIMINARY
STATEMENT
The
United
States
of
America
and
the
U.S.
Department
of
Homeland
SecuritYI
Bureau
of
Immigration
and
Customs
Enforcement
(the
"Government
ll
) I
by
their
attorney
I
Preet
Bharara
l
United
States
Attorney
for
the
Southern
District
of
New
York
l
Christopher
D.
Frey
andDavid
I.
Miller
l
Assistant
United
States
Attorneysl
of
counsell
submit
this
memorandum
of
law
in
opposition
to
the
petition
of
Puerto
80
Projects
l
S.L.U.
("Puerto
80")
for
the
return
of seizedproperty pursuant
to
Title
18
1
United
States
Code
Section 983(f).
By
way
of
its
petition
l
Puerto
80
seeks
the
immediate
release
of
two
domain
names
specifically
roj
adirecta.
com
and
roj
adirecta.
org
(
collectively
the
"Roj
adirecta
Domain
Names")
I
seized
by
the
U.S.
Department
Homeland
Security
Immigration
and
Customs
Enforcement
("ICE")
I
pursuant
tofederal
seizure
warrants
obtained
in
the
Southern
District
of
New
York
and
issued
by
the
/
Case 1:11-cv-03983-PAC Document 18 Filed 07/11/11 Page 3 of 28

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