Quote:
Originally Posted by Robotech_Master
I'm not a lawyer, but this seems to be one of those cases where the Internet runs into the real world and comes off the loser. Those foreign businesses, and the law that protects them, don't care that an Internet file comes from somewhere far away in the real world. They just care that it pops up in a physical location in their part of the world, and that's a no-no. I can't imagine that the courts are going to be that willing to entertain the idea that a foreign entity should be excused for local effects on their business just because those effects come from a server that's nowhere near there.
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That's a fascinating interpretation of international law. So now, entities in a country that enacts stricter air pollution/water pollution control laws can sue entities in a country with laxer laws because air and water circulate in the biosphere? Or a country that enacts a population control law can sue a country that doesn't for increasing the human population? Or publishers in country A can sue a printer in country B because the printer in country B prints a book that is out of copyright in B but not in A and then a citizen of A goes to B and buys the book and the printer does not check his passport?
The last example in particular is highly relevant to the case in hand. Gutenberg will argue that they are not selling/making available their books to citizens of Germany, Holtzbrink will argue they are. And the case will be decided by whether the higher court agrees with PG or the publisher.