2 ms·
As you surmise, I have not read the ruling. I was basing my understanding from the following in the article: > Q: Why didn't Project Gutenberg block access u
by simcop2387 9y ago
As you surmise, I have not read the ruling. I was basing my understanding from the following in the article:
> Q: Why didn't Project Gutenberg block access until the Court made its judgement?
> A: PGLAF's legal advisors disagree that any foreign Court or entity has jurisdiction over its actions regarding copyright. The Court in Germany has promoted a theory that it has jurisdiction, mainly because the www.gutenberg.org site has some content in the German language. ...
> Q: So the court thinks that the presence of content in German means that courts in Germany have jurisdiction, regardless of the fact that PGLAF is entirely in the US?
> A: Yes, that was the original basis of the claim for jurisdiction, which the Court accepted in their judgement. Since then, there some more recent decisions in the European Court of Justice, and other German courts, that support this theory based on a Web site being accessible from a country. I.e., if a Web site is accessible from Germany, there are some cases where German courts claimed jurisdiction over that site, even though it was operated, and based, outside of Germany. These cases involve companies that actually operate (for-profit) in Europe, and the cases were between two European countries (i.e. part of the EU). They are not consistent with prior laws and cases, even in Europe, and also not consistent with provisions of the Berne Convention and other international law.