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Re: [dvd-discuss] dmca international?
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] dmca international?
- From: mickey <mickeym(at)mindspring.com>
- Date: Thu, 17 Jan 2002 13:23:40 -0500
- References: <email@example.com> <20020117181532.A20309@lemuria.org>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
> 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
I don't agree with it, but I would expect it.