Quote:
Originally Posted by Robotech_Master
No, the plaintiff is demanding that Gutenberg stop its illegal behavior: making still-copyrighted books available in Germany, where it doesn't hold the copyright to them.
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Gutenberg is making books available on its servers. What they are making available is legal where they are making it available. Those servers are in the US. It is the German ISP's who are granting access to the routers, that grant access to the routers, that grant access to the US servers. If the German people want to take that path to get a book, they're coming onto US territory (so to speak). Just as if they took a boat to America and walked into a bookstore here.
It is also possible for a German tourist physically visiting the US to purchase something that is illegal in Germany and take it home. It is not the seller in the US that is responsible for preventing that.
If Germany thinks the internet is too open, and other countries should have to enforce Germany's laws, then they will probably find that is a futile path to go down. They can hold their own people prisoner from the internet if they think that is necessary. They can probably buy the software to do that from North Korea or Iran.