03-07-2018, 04:02 AM | #76 | |
Connoisseur
Posts: 84
Karma: 1142796
Join Date: Jul 2009
Device: Sony PRS 350, Kobo mini, PB mini
|
Quote:
|
|
03-07-2018, 09:41 AM | #77 | |
Fanatic
Posts: 502
Karma: 3367460
Join Date: Apr 2007
Device: Rocket, Nook ST, Kobo WiFi, Kindle PW
|
Quote:
|
|
Advert | |
|
03-07-2018, 09:46 AM | #78 | |
Fanatic
Posts: 502
Karma: 3367460
Join Date: Apr 2007
Device: Rocket, Nook ST, Kobo WiFi, Kindle PW
|
Quote:
|
|
03-07-2018, 09:56 AM | #79 |
Fanatic
Posts: 514
Karma: 2954711
Join Date: May 2006
|
Whether the cause is contracts or copyright law, both cases deal with whether a particular entity was allowed to offer a given ebook in a particular location. In both cases, the location where the ebook was offered has been deemed to be the location of the computer that downloaded it--not the location of the server that hosted it.
Last edited by Robotech_Master; 03-07-2018 at 10:05 AM. |
03-07-2018, 12:33 PM | #80 | |
Fanatic
Posts: 502
Karma: 3367460
Join Date: Apr 2007
Device: Rocket, Nook ST, Kobo WiFi, Kindle PW
|
Quote:
|
|
Advert | |
|
03-07-2018, 12:37 PM | #81 |
Fanatic
Posts: 514
Karma: 2954711
Join Date: May 2006
|
|
03-07-2018, 12:56 PM | #82 | |
Fanatic
Posts: 502
Karma: 3367460
Join Date: Apr 2007
Device: Rocket, Nook ST, Kobo WiFi, Kindle PW
|
Quote:
Does Amazon collect sales tax for digital goods in states where it doesn't collect sales tax for physical goods? |
|
03-07-2018, 01:20 PM | #83 | |
Fanatic
Posts: 514
Karma: 2954711
Join Date: May 2006
|
Quote:
But I do know that when Amazon sells ebooks in Europe, it is required to collect the VAT rate of the country in which the buyer of the book is located, not of Luxembourg where its servers are. Last edited by Robotech_Master; 03-07-2018 at 01:23 PM. |
|
03-07-2018, 02:17 PM | #84 | |
Fanatic
Posts: 502
Karma: 3367460
Join Date: Apr 2007
Device: Rocket, Nook ST, Kobo WiFi, Kindle PW
|
Quote:
PG has no presence in ANY EU country. |
|
03-07-2018, 03:17 PM | #85 |
Fanatic
Posts: 514
Karma: 2954711
Join Date: May 2006
|
In 2012, the US filed criminal charges against Kim Dotcom of MegaUpload, despite MegaUpload having no physical presence in the USA.
In 2015, Elsevier filed suit in New York against Khazakstani research paper piracy site Sci-Hub, despite Sci-Hub having no presence in the USA. Various California businesses have been filing suit against foreign violators of their IP in US courts. I'm sure there are plenty of other cases where legal action was filed in the USA against foreign copyright violators such as piracy sites. Whether the verdicts in those cases can be enforced may be an open question, but as the Wikipedia article I linked a couple of pages back shows, there are mechanisms for foreign judgments to be enforced against American entities via American courts. So it's not as if filing suit against foreign entities for violating local copyright is exactly anything new in US courts. Why should it be so surprising in German ones? |
03-07-2018, 05:01 PM | #86 | |
....
Posts: 1,547
Karma: 18068960
Join Date: May 2012
Device: ....
|
Quote:
As another poster has pointed out for it to have any relevance to a country that country has to first be a signatory to the international document (whether it be a treaty, convention, etc.) and then to implement that into their own legislation to make it effective for their own country. Even then they may have special cases which are included in the international document but from which they absolve themselves by means of negotiating an appendix (this is very common), for example, or just ignoring in their own legislation that gives effect to the international document. Furthermore, with respect to one country's courts acting upon the findings of another, as I have posted already: "As far as I am aware the USA is not a signatory to any convention or treaty requiring recognition or enforcement of any other country's courts' judgements except in some cases of international arbitration (which is not the case in the PG matter)." I am not in the USA so I invited and would welcome any clarification of that by pointing at any relevant USA legislation implementing any such convention or treaty but so far no one has come up with anything. |
|
03-07-2018, 05:31 PM | #87 | |
....
Posts: 1,547
Karma: 18068960
Join Date: May 2012
Device: ....
|
Quote:
Kim Dotcom is a resident of New Zealand and court proceedings continue with him here regarding the USA actions. But that is nothing to do with enacting any verdicts of USA courts as you infer or taking any action against him for things he is accused of in another country; in fact at this time, as far as I am aware Dotcom only stands accused, not convicted of anything. The now very lengthy court proceedings in New Zealand are in fact only associated with the extradition of Dotcom to face the charges against him in the USA. They are nothing to do with acting upon conviction or charges by a USA court. As far as New Zealand is concerned the USA has made a request for extradition, New Zealand (USA) claims that the request satisfies the requirements of New Zealand's Extradition Act and if successful in New Zealand's courts with that claim and a surrender order is issued then he will be extradited. You will note, I hope, that in all that there is nothing relevant to acting upon any conviction or charges in the USA by New Zealand courts. It is all about extraditing an accused person to face charges in the country where those charges are laid. There is no assumption that the extradition will be successful. So your example is irrelevant, there is no copyright action against him here nor any assumption of innocence or guilt, all that is relevant is that he has been charged in another country which has asked New Zealand to surrender him. If the extradition request fails then as far as New Zealand is concerned that will likely be the end of the matter and not much the USA can do about it. As an aside, should the USA courts decide to convict Dotcom in his absence, if that were to be possible, then he will as far as New Zealand is concerned be regarded as not having been convicted. Last edited by AnotherCat; 03-07-2018 at 05:59 PM. |
|
03-07-2018, 05:50 PM | #88 | |
Fanatic
Posts: 514
Karma: 2954711
Join Date: May 2006
|
Quote:
|
|
03-07-2018, 07:03 PM | #89 | |
....
Posts: 1,547
Karma: 18068960
Join Date: May 2012
Device: ....
|
Quote:
"As far as I am aware the USA is not a signatory to any convention or treaty requiring recognition or enforcement of any other country's courts' judgements except in some cases of international arbitration (which is not the case in the PG matter)." I am not in the USA so I invited and would welcome any clarification of that by pointing at any relevant USA legislation implementing any such convention or treaty... Where is the convention or treaty that has been signed? States or Federal can choose to act on foreign judgements or not, they are not bound by international agreement (unless, someone can turn up the signed convention/treaty/? and enacting legislation, which you have not done.) Last edited by AnotherCat; 03-07-2018 at 07:05 PM. |
|
03-08-2018, 01:37 AM | #90 |
Addict
Posts: 254
Karma: 2092424
Join Date: Oct 2011
Location: Arlington, TX
Device: Kindle PW4, Moon+ Reader on a cheap Android tablet
|
Isn't it a little ironic that Project Gutenberg is now unavailable in its namesake's country of oirigin?
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
gutenberg.org blockt deutsche IP-Adressen | doubleshuffle | Deutsches Forum | 14 | 11-05-2021 04:48 AM |
Gutenberg.org : "Read this book online" feature broken? | swamp thing | General Discussions | 9 | 06-05-2014 10:03 PM |
Add german Gutenberg Projekt as dealer? | cremofix | Library Management | 0 | 12-19-2011 04:31 AM |
Kindle v.2 Problems with MOBI TOC from Gutenberg.org | Sonist | Amazon Kindle | 2 | 06-15-2009 04:34 PM |
gutenberg.com is not gutenberg.org | ProDigit | News | 2 | 11-21-2008 12:39 PM |