Re: [dvd-discuss] dmca international?

[Tom <tom(at)lemuria.org>]

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.


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