[pp.int.general] Julia Schramm

Will Tovey w.tovey at pirateparty.org.uk
Thu Sep 20 01:12:50 CEST 2012


It seems the DMCA notice was sent to Dropbox, which seems to be run by a
company incorporated and based in the US, and thus subject to US laws.
Whether or not the DMCA can be applied to non-US residents/citizens
(either in theory or in practice), the main thing is how this highlights
how democracy hasn't caught up with the Internet in terms of the global
reach of individual people or companies, and this goes far beyond
copyright, covering the huge mess that is Internet jurisdictions.

Perhaps this is what the various PPs should be looking into; trying to
find a way to fix the problems with applying national laws in
inconsistent ways to a nation-less and global network?

As an aside, had the file been hosted elsewhere (such as on
Piratenpartei's wiki, which I think it is), then the DMCA wouldn't
necessarily apply, but the principles of notice-and-action could do. I'm
not an expert on the e-commerce limitations, but I imagine a valid DMCA
notice could arguably constitute "actual knowledge" of illegal activity.

[Also, thank you to those who answered the questions I posted earlier.]

-Will

On 19/09/2012 22:40, Amelia Andersdotter wrote:
> Why is the DMCA applicable to German citizens?
>
> Surely the sanity of the democratic system somehow rests on the
> principle that the people have opportunity to elect those people who
> make their laws. One asks why the Piratenpartei is not criticizing the
> government more sharply for not remedying that imbalance in the
> effects of application of the American copyright law outside of the US.
>
> /a



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