Re: [dvd-discuss] dmca international?

[mickey <mickeym(at)mindspring.com>]

Tom wrote:

> On Thu, Jan 17, 2002 at 12:08:54PM -0500, Roy Murphy wrote:
> > Ah.  This is beginning to make some sense.  If it is the position of German
> > Law is that if you can access it in Germany and it's illegal there, you must
> > take it down (i.e. Nazi Propaganda) then it must follow that Germany must have
> > some policy about the law of the place of access controlling what it is legal
> > to be served from Germany.
>
> I don't remember anyone suing nazi sites in the US, even though they
> are outlawed in germany and there has occasionally been quite a lot of
> noise about it.
>
> the question may be where the voilation takes place. I think that's
> pretty much an open question, at least one without consent.
>
> here's my simple try:
>
> - if I upload a copy of some commercial software to my web server,
>   then I'm violating the (C) there and then. once.
> - if someone downloads it, HE does the violation (because he initiates
>   the action), in wherever he is at that time. I may, however, be
>   a party in an "aiding and abetting" case. in my home country.
>
> anyone spot a problem with that? everyone gets sued where he lives and
> where he committed whatever he did commit.

I would expect to be charged with an extra (C) violation each time someone downloads
it.

I don't agree with it, but I would expect it.

mickeym