Symmetric Chaos
Fractal King
Originally posted by Bardock42
Shouldn't they maybe have a trial first and then, if there's a conviction shut down the site?
It's an injunction. In this case the FBI and other agencies asked for an injunction (following due process of law) because they wanted to seize content and assets, probably in order to prevent evidence from being destroyed and profits hidden. The FBI spent years building the case specifically to get enough evidence for their injunction, this isn't a hammer suddenly falling and shutting them down like SOPA would allow.
The process is the same with other crimes.
Take murder as an example:
1) Accusation
2) Build a case
3) Get an arrest warrant
4) Arrest accused
5) Hold trial
6) Convict or release accused
The problem with SOPA was that it changed to process to this:
1) Accusation
2) Arrest accused
If Megavideo wins the court case they will get their stuff back (though to be honest law enforcement has a nasty record with that kind of thing) and will be able to sue UMG for considerable damages.
Worth mentioning that Megaupload has done the same thing. UMG was sending out DMCA notices to sites hosting Megaupload's latest ad and sites complied (unnecessarily). Megaupload responded by filing for an injunction to prevent UMG from continuing to send out the notices -- or, if we wish to use the rhetoric of the hour, they asked that their right to free speech be censored.