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An example of cross-jurisdictional complexity relating to copyright

From: Noah Mendelsohn <nrm@arcanedomain.com>
Date: Wed, 11 Jul 2012 23:36:08 -0400
Message-ID: <4FFE4628.1040708@arcanedomain.com>
To: "www-tag@w3.org" <www-tag@w3.org>
During recent discussions of TAG work on copyright and linking, I 
encouraged the TAG to be watchful for complexities that result from the 
fact that Web connects users and providers in more than one legal 
jurisdiction. The note at [1] discusses a case in which, purportedly, an 
individual who resides in the UK is facing possible extradition to the US 
for posting links on a Web site, which itself is not US-based and is not 
primarily intended for US users, to material that the US considers to be 
copyrighted.

I should say that the page linked below is from a site that takes a strong 
position and solicits help for the accused. My intention here is not to 
take sides (I have my opinions, but they're not pertinent to my role as TAG 
chair. Futhermore, the exposition may be biased, and I'm not able to 
validate the facts presented.

Notwithstanding all of those caveats, I think this is an example of the 
sorts of complexities we will see in coming years, whether or not the 
details in [1] are completely accurate and unbiased. Again, I think the TAG 
should stick to document technical terminology, and helping those in all 
the various legal jurisdictions to understand the mechanisms of the Web, 
and to help them understand the likely technical and operational impact of 
laws or other regulations that they might promulgate.

Noah

[1] 
http://act.demandprogress.org/letter/odwyer/?akid=1423.669729.VS6yPa&rd=1&t=2
Received on Thursday, 12 July 2012 03:36:37 GMT

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