Quote:
Originally Posted by fjtorres
German courts aren't the only ones seeking to enforce local laws worldwide.
French, Canadian, and American courts have made similar rulings.
In the case of the US, Microsoft has driven the matter to the Supreme Court.
https://www.wired.com/story/us-vs-mi...urt-case-data/
Expect plenty more crossborder conflicts like these. |
Gutenberg's argument attempts to legally distinguish them from Microsoft and other cases.
They claim that they are different from Microsoft because the latter do business in Ireland and the US, and have physical presences in both. As such, they are subject to the laws of both. Whereas Gutenberg has no presence or operations in Germany; they're a purely American institution, albeit one that is connected to the Internet.
There's also no evidence that any German has actually downloaded these materials; the court sought the logs of such downloads from Gutenberg in order to assess damages, but Gutenberg does not keep such personally identifying info per their stated policy.
It'll be interesting to see how those arguments play in the appellate court.