Re: [dvd-discuss] dmca international?

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

OK 

Lets Now add music, videos, and regional coded DVDs to the list of 
contraband items that one must relinquish at border crossings which 
includes liquor, cigarettes, etc. Jack Valenti and his Internet Jackboots 
can now assist the border patrol in securing the  realm from uauthorized 
DVDs as Sir Philip Bleeding Sydney saved England from the flood of Spanish 
Porn :-)




Tom <tom@lemuria.org>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/17/02 03:15 PM
Please respond to dvd-discuss

 
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        Subject:        Re: [dvd-discuss] dmca international?


On Thu, Jan 17, 2002 at 01:37:41PM -0500, Kurt Hockenbury wrote:
> 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?

then point 2 would take effect - if you make it publicly available, and
someone copies it, you're ading him.


> > - 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? 

IANAL, but I don't think you can be charged for aiding a crime if there
is no crime.



> 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?

that's a tricky one. one for the lawyers. I think he can't, because he
came into posession of the copy lawfully. but IANAL.


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