Tl;dr: It’s “give us $300 million (which we know you won’t do), or we’ll order everyone involved in hosting your site to give up your name and address.”
For now, the monetary judgment is mostly a victory on paper, as recouping money from an unknown entity is impossible. For this reason, the music companies also requested a permanent injunction.
Permanent Injunction Targets Domains
In addition to the damages award, Rakoff entered a permanent worldwide injunction covering ten Anna’s Archive domains: annas-archive.org, .li, .se, .in, .pm, .gl, .ch, .pk, .gd, and .vg.
Domain registries and registrars of record, along with hosting and internet service providers, are ordered to permanently disable access to those domains, disable authoritative nameservers, cease hosting services, and preserve evidence that could identify the site’s operators.
The judgment names specific third parties bound by those obligations, including Public Interest Registry, Cloudflare, Switch Foundation, The Swedish Internet Foundation, Njalla SRL, IQWeb FZ-LLC, Immaterialism Ltd., Hosting Concepts B.V., Tucows Domains Inc., and OwnRegistrar, Inc.
Anna’s Archive is also ordered to destroy all copies of works scraped from Spotify and to file a compliance report within ten business days, under penalty of perjury, including valid contact information for the site and its managing agents. That last requirement could prove significant, given that the identity of the site’s operators remains unknown.
A Way Out, at a Price
In theory, Anna’s Archive has the option to prevent the domain suspension. The permanent injunction allows the site to seek relief from this measure, after showing that it has paid the full $322 million damages award and complied with all injunctive obligations.
That’s an unlikely option, to say the least. At the same time, however, it is not guaranteed that the site’s domain names will be suspended.
As reported previously, several domain names, including the Greenland-based .gl version, are linked to registries and registrars outside the jurisdiction of the U.S. court. As such, they previously did not comply to the preliminary injunction, and it is unknown whether the latest order changes that.
Tl;dr: It’s “give us $300 million (which we know you won’t do), or we’ll order everyone involved in hosting your site to give up your name and address.”
Why are we working with centralized domain registers that capitulate to governments like this?
I think you answered your own question.
Anna’s Archive should hire this same lawyer.