related to a legal Internet problem

D. Hugh Redelmeier hugh-pmF8o41NoarQT0dZR+AlfA at public.gmane.org
Mon Aug 30 15:07:39 UTC 2010


| From: Zbigniew Koziol <softquake-Re5JQEeQqe8AvxtiuMwx3w at public.gmane.org>

| This is a sort of question related to legal Internet problem.

It is likely that any law that is being applied is not
internet-related.  Countries generally haven't built a large suite of
laws specific to the internet because:

- its a lot of work

- it should not be needed

- it would seem arbitrary to single out a medium in most cases

What often happens is that old laws are applied by analogy.  Since the
analogies are often inexact, there can be a lot of arguing.

My guess (note: guess) is that what is happening is based on a mixture
of copyright and contract law.  Or it is based on made-up stuff (i.e.
legal nonsense).

I imagine few of us know Polish or EU law which would govern this
issue.  Most of our intuitions about copyright law are based on US
law, not even Canadian.  The US has a somewhat peculiar copyright
regime.

| Now, when I searched for a something in the past (a book, I guess, but I do
| not remember exactly, for what) I filled in an online form. I possibly did use
| their service to download something, but that I can not be certain.

Do you have any idea what that form looked like?  Do you think that it
could be interpreted as a contract?  Does that matter in Polish or EU
law?

| According to their interpretation, I am supposed to pay them now for their
| service.

Ask them under what right they are demanding payment.  It should be up
to them to backstop their claim.  Asking should be showing good faith
on your part.
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