Interesting warning regarding filesharing

Noah John Gellner noah.gellner-H217xnMUJC0sA/PxXw9srA at public.gmane.org
Thu Feb 26 03:57:07 UTC 2004


First it is important to distinguish between criminal and civil law. My understanding is that if, for example, a Canadian breaks a criminal law of another country while in Canada, that person would need to be extradited to face trial. In the case of the Nazi paraphenalia, imagine a Canadian company that had a mail order business to France. Further consider a Canadian who solicits a contract killing in the United States. I don't know enough about how Criminal law works in these cases to suggest what the outcomes would be but in both examples, the Canadian would be breaking the criminal law of another country and one would imagine that there is some mechanism to catch these types of offences. Otherwise there would be a free pass to many crimes.

However, the lawsuits involving p2p are not criminal, they are civil and different rules apply. Civil cases are the cases that involve one party suing another. Typically the aim is to win monetary compensation for an injury or loss.

In civil cases the courts in Ontario have a test that they apply to see which location is suitable for the case. I don't have the cite handy, but they have explicitly said that they would enforce the laws of outside jurisdictions whether that jursidiction be B.C. or Kentucky. When I was learning it, it struck me as weird, but this is the way it is.

sorry for the excess verbiage.

On 22:30 Wed 25 Feb     , Tom Legrady wrote:
> But DMCA is not a Canadian law, it is a foreign statute.
> 
> In France you are not allowed to sell Nazi paraphenalia. Canada ignores 
> French law.
> 
> In the US,  you are bound by the DMCA. In Canada, neither DMCA nor 
> UnAmerican activities are against the law.
> 

-- 
Noah John Gellner
J.D. Candidate (2006)
University of Toronto Faculty of Law
(416) 364-7550
noah.gellner_at_utoronto.ca
--
The Toronto Linux Users Group.      Meetings: http://tlug.ss.org
TLUG requests: Linux topics, No HTML, wrap text below 80 columns
How to UNSUBSCRIBE: http://tlug.ss.org/subscribe.shtml





More information about the Legacy mailing list