Re: [tlug] GPL and Linux in Dvico Tivx

[Edward Middleton <edwardmiddleton@example.com>]

On Sat, 2005-12-17 at 01:29 +0900, Stephen J. Turnbull wrote:
> >>>>> "Edward" == Edward Middleton <edwardmiddleton@example.com> writes:
> 
Edward> Presumably this would be covered by Japanese law because
Edward> it was being distributed in Japan.
 
Stephen> I don't think so.  Copyright is an international
Stephen> property right, protected by several treaties.  Not to 
Stephen> mention that most countries courts will entertain 
Stephen> suits by their nationals against foreign actors in
Stephen> foreign countries that damage the property of their 
Stephen> nationals.  So I think that yes, Linus _could_ sue in 
Stephen> Japan, but I don't think he's restricted to that.  He 
Stephen> can probably sue anywhere that is signatory to the 
Stephen> treaty.

Edward> IANAL but from my understanding of copyright this is dead     
Edward> wrong.  My understanding is that international treaties
Edward> relate to the existence of copyright but local laws dictate
Edward> the scope of copyright.  Thus until recently you had the 
Edward> situation were European copyrights lasted longer then
Edward> American copyrights. If what you are saying were true then
Edward> most cases of software infringement would be tried under US
Edward> law.

Stephen> More cases _are_ tried under U.S. law than under any other. :-)

Edward> Are more cases of copyright infringement in states outside
Edward> the US tried under U.S. law That is surprising.  Could you
Edward> show some evidence to support this claim.

Stephen> If you won't read your own words, I guess it's highly unlikely you'll
Stephen> bother to read mine.  See ya next time!

The fact that you took the quote out of context does not change the fact
that this was a discussion of "copyright infringement in states outside
the US".  I guess you are conceding that copyright infringement is
prosecuted by the laws in the country that it occurred.

-- 
Edward Middleton <edwardmiddleton@example.com>