Interesting warning regarding filesharing

[rh]

On Wed, 25 Feb 2004 22:57:07 -0500
Noah John Gellner <noah.gellner-H217xnMUJC0sA/PxXw9srA at public.gmane.org> wrote:

> 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.


IMHO, I can't imagine the paraphenalia czar would be extraditable.
As for the 'solicits a contract killing', that guy may be and if he
isn't, I am sure his participation would be an offence here and
hence, he could be prosecuted here. Plus, certain crimes committed
elswhere can be prosecuted here even though they occurred in other
countries.



> 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.


Civil law is indeed odd and I can certainly imagine that the above is
true.
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