Re: [dvd-discuss] dmca international?

[Kurt Hockenbury <khockenb(at)stevens-tech.edu>]

On Thu, 17 Jan 2002, Tom wrote:

> 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.

Maybe (space shifting software to your hard disk may or may not be legal).
But what if instead of uploading, I mearly mount my legally-owned but (C)
softare installation CD somewhere under my web server's document_root?

Have I broken any laws?  I haven't copied anything, so I can't have broken
copyright, right?

> - 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.

What if "HE" is a resident of a country where the copyrighted material in
question is legal to copy?  Can you be charged with "aiding and abetting" a
copyright violation?  For instance, according to a little web-research, music
in Canada enters the public domain 50 years after the composer's death.

Assuming this is true going back 50+ years, let's say we mounted a disc, in
the US, with music published in the 1940s (still under copyright in the US),
but who's composer died in WWII (so is in the public domain in Canada).

If a Canadian downloads a copy, can I be charged in the US with aiding a
abetting a copyright violation, even though the recipient isn't violating his
local laws by making a copy?

What if it's not a Canadian downloading the music, but an American on vacation
in Canada?  Can he be charged with a copyright violation when he brings the
music back into the US?