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Author Topic: Hmm..I've always wondered something...  (Read 872 times)

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Offline WolfyTopic starter

Hmm..I've always wondered something...
« on: August 14, 2010, 11:35:19 AM »
It's about policing the Internet..

Let's say that there's a file. It'll Legal to have it and own it in one country, but not in another. So let's say said file (Video, picture, rom, whatever.) was made in the legal country, put up on the internet, and downloaded in the country where it's illegal.

Where would the jurisdiction for this lay? O-o..With the Parent country or the download country.

it all seems..complicated.

Offline jouzinka

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Re: Hmm..I've always wondered something...
« Reply #1 on: August 14, 2010, 11:42:51 AM »
I don't think it's about the file itself, but about the person who owns it.

Offline WolfyTopic starter

Re: Hmm..I've always wondered something...
« Reply #2 on: August 14, 2010, 11:44:43 AM »
Hmm..so it would fall into the jurisdiction of whatever country they belong to?

Huh..I thought it would be more complicated than that. O_o

Offline Oniya

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Re: Hmm..I've always wondered something...
« Reply #3 on: August 14, 2010, 11:46:01 AM »
I recently ran into a discussion about this on Youtube of all places.  Apparently, if you have a copyrighted piece of music and upload it with the relevant information (including something that identifies it as copyrighted), Youtube will block it from being viewed in some countries.  I'm not sure if it's the laws, but that specific server has taken action to ensure that content that is perfectly legal for them to host on their server cannot be downloaded in countries where it is illegal.

Offline jouzinka

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Re: Hmm..I've always wondered something...
« Reply #4 on: August 14, 2010, 11:55:25 AM »
Huh..I thought it would be more complicated than that. O_o
Well... I think it all boils down to a law of certain country not being in the jurisdiction outside its borders. Although I don't know what would be the case if one downloaded something in say Czech Republic (we can download video or audio all we want, it's only punishable by law to share it) and imported it to, say, USA.

Offline WolfyTopic starter

Re: Hmm..I've always wondered something...
« Reply #5 on: August 14, 2010, 11:59:20 AM »
Well, that's what I'm talking about...creating an uploading the file, say from Germany, and then downloading it in the US.

I've always wondering where the jurisdiction would lie and what laws would apply. O_o

Offline jouzinka

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Re: Hmm..I've always wondered something...
« Reply #6 on: August 14, 2010, 12:02:37 PM »
No. I was talking about: creating and uploading a file in Germany, downloading it in the US (where it is, say, legal to download it) and then importing it to Peru (where it is, say, not legal to download it).

Offline WolfyTopic starter

Re: Hmm..I've always wondered something...
« Reply #7 on: August 14, 2010, 12:04:09 PM »
oh..I was just talking about the first two steps. O_o Say the file(Or Contents there-in) is legal in Germany, but not in the US..that's what I meant.

Offline jouzinka

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Re: Hmm..I've always wondered something...
« Reply #8 on: August 14, 2010, 12:08:15 PM »
Well... personally I don't see a dispute there. You'd commit a crime on a land of a certain country, regardless of the country of origin of the file.

Offline WolfyTopic starter

Re: Hmm..I've always wondered something...
« Reply #9 on: August 14, 2010, 12:09:33 PM »
Hmm..So the Country of Origin doesn't matter?...

I only ask this because I saw on another forum someone was arguing that if it's legal in Germany and originates from there, it's perfectly legal to have.

o3o..I guess not, eh?

Offline Oniya

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Re: Hmm..I've always wondered something...
« Reply #10 on: August 14, 2010, 12:10:40 PM »
Found this by looking up 'International copyright':

Quote
International Protection
U.S. authors automatically receive copyright protection in all countries that are parties to the Berne Convention for the Protection of Literary and Artistic Works, or parties to the Universal Copyright Convention (UCC). Most countries belong to at least one of these conventions. Members of the two international copyright conventions have agreed to give nationals of member countries the same level of copyright protection they give their own nationals.

Example: Publisher has discovered that bootleg copies of one of its multimedia works are being sold in England. Because the United Kingdom is a member of the Berne Convention and the UCC, Publisher's work is automatically protected by copyright in England. When Publisher files a copyright infringement action in England against the bootlegger, Publisher will be given the same rights that an English copyright owner would be given.

Works of foreign authors who are nationals of Berne or UCC- member countries automatically receive copyright protection in the U.S., as do works first published in a Berne Convention or UCC country. Unpublished works are subject to copyright protection in the U.S. without regard to the nationality or domicile of the author.

I believe that it means that the original owner would have to contact the courts in the violator's country and file suit.  I also think it would become complicated if the original owner is in country A, the server is in country B (where it is legal to host it) and the downloader is in country C (where it is illegal to download it).  I'm not sure if the suit would be brought in country C (against the downloader, in the manner of the RIAA kerfuffle) or in country B (against the host server, for making it available to downloaders in country C).

Offline jouzinka

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Re: Hmm..I've always wondered something...
« Reply #11 on: August 14, 2010, 12:16:04 PM »
I think that the server in country B would automatically disclaim any responsibility over user-uploaded material and the blame would be taken to the user in C.
« Last Edit: August 14, 2010, 12:17:24 PM by jouzinka »

Offline MasterMischief

Re: Hmm..I've always wondered something...
« Reply #12 on: August 14, 2010, 03:41:12 PM »
Stop illegally downloading movies, Wolfy.  It's stealing.   :P

Offline WolfyTopic starter

Re: Hmm..I've always wondered something...
« Reply #13 on: August 14, 2010, 04:00:33 PM »
D:> How dare you accuse me of such things! *takes away all of Llama's carrots* a Slanderous Llama gets no carrots!....O_o..or is it Liable?

Offline MasterMischief

Re: Hmm..I've always wondered something...
« Reply #14 on: August 14, 2010, 04:03:10 PM »
Hmmm.  Must have hit a nerve.   ;D

Offline WolfyTopic starter

Re: Hmm..I've always wondered something...
« Reply #15 on: August 14, 2010, 04:15:08 PM »
S-shut up! o-o *jumps onto Llama* Quick, get me away from here!

Offline MasterMischief

Re: Hmm..I've always wondered something...
« Reply #16 on: August 14, 2010, 04:17:56 PM »
Scampers off to the safety of Amsterdam.