From: Mike Harding
Subject: Re: What's going on in Australia?
Date: Sat, 28 Dec 2002 09:35:54 +1100
References: <3E08564F.F1FFF559@bigpond.net.au> <3E09530E.9308C136@bigpond.net.au> <firstname.lastname@example.org>
NNTP-Posting-Date: Fri, 27 Dec 2002 22:27:53 +0000 (UTC)
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On Fri, 27 Dec 2002 14:21:10 -0800, John Larkin
>On Sat, 28 Dec 2002 09:14:02 +1100, Mike Harding
>>On Thu, 26 Dec 2002 11:08:58 -0800, John Larkin
>>>On Wed, 25 Dec 2002 06:41:50 GMT, onestone
>>>>> So how is internet piblication "cowardly"?
>>>>If they published in Australia they could and would be sued here. The
>>>>same for any country they physically published in. What I consider
>>>>cowardice is that by using the internet they assumed they could not be
>>>>sued outside of the country where the publication was posted, ie the
>>>>friendly and biased USA legal system. No case law existed before the
>>>>Victorian court decision.
>>>So, you contend that it is cowardly to host a web site in your own
>>>country, and post items there in accordance with local law?
>>>If an editorial in The London Times criticizes a genocidal tyrant in
>>>an obscure tropical hellhole, is the tyrant entitled to collect
>>>damages because the act is 'slander' in his own country?
>>Surely the basic difference is that The Times is not published
>>in said obscure tropical hell hole but when you publish on the
>>net you publish right across the world.
>But the Times is published on the web. The problem is that anyone in
>the world can access web pages. If those pages are offensive or
>illegal by local standards, the reader may have legal redress in his
>country, even if the posting is perfectly legal in the country of
>origin. The recent ElcomSoft case is a perfect example: a Russian
>programmer wrote a program which was legal in Russia, but he was
>nabbed and tried in the USA for violating the DMCA laws. Luckily, the
>jury was smarter than the US Congress and found him innocent. But the
>basic problem remains.
I take the point. I can offer no answer - in fact I don't think there
is one - until we achieve World Government (God help us!).