On their
website , iMEGA has said that they have responded to a DoJ motion to dismiss their suit based on standing and ripeness, the same issues many attorneys in this forum have raised. Here is a quote:
In the response brief, iMEGA's attorneys provided ample precedent for both our standing as a trade association acting on the behalf of our members, and for the potential jeopardy of prosecution the new law puts some of our members in. They contend that it is not necessary to wait for one of our members to be prosecuted before the law may be scrutinized by the courts.
The brief also highlights the heretofore unexamined jeopardy that affiliate marketers who live and operate in the US may be in due to UIGEA.
Also, here is their
link to a PDF of their brief.
So what comments do you legal dudes have to this? Also if the court rules in iMEGA's favor on this challenge motion, will they still hold the DoJ to the next deadline for filing a substantive response or will the DoJ likely get another continuance in that case?