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Copyright laws are to be respected whatever the country. This is a border case, so to see if the principle is sound, let's imagine something. Let's say a countr
by GlobalFrog 9y ago
Copyright laws are to be respected whatever the country. This is a border case, so to see if the principle is sound, let's imagine something. Let's say a country, for whatever reason, decides that its copyright protections are of 1 year only. After that, this country decides that all books, movies, games are freely available from its territory through the internet because their copyrights are expired. Does anyone believes that all the other countries will say : "no problem, it's their law and the site is from their territory, so everything's allright" ?
So, laws from any country have to be respected, especially with a global system like the internet. It is often annoying, sometimes disconcerting, but no country would allow their society to be governed by foreign laws.
And I really appreciate even more the Project Gutenberg for that, because they care about laws everywhere and obey them according to the territory (the fact that they went for the easy way by blocking the entire country is really not important: it is just a matter of resources, so we have to donate more if this is what bothers us).
- Borealid 9y agoIs the country with the one-year copyrights a Berne Convention signatory? If so, then it is in violation of the treaty, which sets a minimum term for copyrights. The WIPO may adjudicate and other signatories may take action. If not, then what you have is a national sovereignty issue. Other countries can restrict trade with the one with different laws, but they can't directly stop it from refusing to be similar to them (without a military invasion!). This is currently the situation with things like online gambling. It's legal in some parts of the world, and in others the citizens accessing the sites may be prosecuted, but the sites themselves are usually beyond the reach of the disapproving countries - often the USA. I should note that it is totally possible to have two countries with CONTRADICTORY laws that cannot be simultaneously satisfied. How would you deal with that situation, if all must be respected?
- __david__ 9y agoYou're giving an ethical reason, but I'm more interested in the actual consequences of a US entity ignoring a German court ruling. I'm not sure what teeth this court actually has with regard to American citizens.
- adrianratnapala 9y agoNo one really wants to antagonize the court system of another country for ever, so this gives the German courts some teeth. In this case Project Gutenberg is saying they are complying because they want an appeal and that the courts would look unfavourably on them if they just ignored the original order.