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« To those on their high horse...  
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Yauch

join:2005-06-24
reply to karlmarx
Re: Pirate Bay should save money for defending lawsuits

While the stories surrounding TPB are always entertaining(Thanks Karl!). It astounds me how many international law experts routinely troll these boards. So Marx, how excatly is jurisdiction decided upon in an international distpute?


karlmarx

join:2006-09-18
iraq
·Fairpoint Communic..

Umm, international law doesn't come into play. The US laws are NOT international laws. The fact that the pirate bay is based overseas, has no physical presence in the US, and is not breaking any laws in THEIR COUNTRY, means the US has no recourse. The only thing the US could try to do is get sweden to change their laws. That, luckily for all of us so called 'pirates', is never going to happen. The swedish people recognize the **AA organizations for the mafioso type thugs they really are, and most certainly won't change their laws to support their tactics.
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marigolds
Gainfully employed, finally
Premium,MVM
join:2002-05-13
Saint Louis, MO
reply to Yauch
Customary international law?
Followed by treaty.
Precedents are non-binding.
I have no idea what customary international law is for this nature of copyright violation though, but China certainly puts a dent in things.


Yauch

join:2005-06-24


1 edit
reply to karlmarx
So Swedish law is the governing international law? Or is it possible that international disputes are based on an agreement between the two countries. Is it possible that no-one on these boards represents the Swedish government, or has any idea to how they would react to a challenge by the US.

And as far as the physical presence, it may stand in the way of an arrest, but it might not stop them from filling a lawsuit in the first place. Just ask the Online Gambling Industry. No one knows how these cases will hold up in court, but if successful it wouldn't surprise me to see the AA's stealing a page from their playbook.
Forums » Sealand Won't Sell To Pirates« To those on their high horse...  


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