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Re: [dvd-discuss] dmca international?
- To: <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: Re: [dvd-discuss] dmca international?
- From: Kurt Hockenbury <khockenb(at)stevens-tech.edu>
- Date: Thu, 17 Jan 2002 13:37:41 -0500
- In-reply-to: <20020117181532.A20309@lemuria.org>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.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
> - 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?