EFF, CloudFlare Asks Court Not to Force the Internet to Enforce Trademarks
The EFF is fighting for the right thing here, but it loses credibility when it mischaracterizes legal procedure to make things look extra-scary.<p>E.g.<p>> Often this order is initially drafted by the entertainment companies.<p>Courts usually <i>require</i> parties making a motion for some relief to submit a proposed order that has the desired effect. It saves time and makes it clear to the court exactly what the party is asking it to do.<p>The article also uses the phrase "secret order" like a million times. Obviously they're not secret because links are posted right in the article. What they're talking about is a (temporarily) sealed temporary restraining order.<p>15 USC 1116(d)(8) states: "An order under this subsection, together with the supporting documents, shall be sealed until the person against whom the order is directed has an opportunity to contest such order, except that any person against whom such order is issued shall have access to such order and supporting documents after the seizure has been carried out."<p>If you read two provisions before that, 15 USC 1116(d)(6), you find why the order is sealed: "The court shall take appropriate action to <i>protect the person against whom an order under this subsection is directed</i> from publicity, by or at the behest of the plaintiff, about such order and any seizure under such order."