[pp.int.general] Julia Schramm

[Markus Drenger]

Hi,

having written a book Julia is granted us-american copyright by the
Revised Berne Convention, which gives her the power to authorize someone
to send DCMAs in her name. (
https://en.wikipedia.org/wiki/Lex_loci_protectionis )

Because Dropbox is a us-based service provider, it is much easier to
send a DCMA-Request, which they know how to process than sending them
the german legal equivalent of an DCMA-Request. _Both_ would be possible
as both states (germany and usa) assume the internet (or parts of it)
are within their legislative scope.

US says that all internet domains belong to ICANN and therefore have a
connection to the United States which allows the application of US law
to any website.
In germany protectionis is (mostly) assumed when a) the server in
question is within german territory or b) the content is accessible from
within germany.

Notice-and-Takedown is being discussed within the E-Commerce Directive
and would be applicable to all illegal content ranging from child
pornography to copyright infringements or insults.

In my opinion states should restrict the scope of their legislation to
servers and persons within their territory. A state should only offer
cooperation between authorities to another state if the alleged act
constitutes a violation of laws or rights.

Greetings,
Markus


Am 20.09.12 13:25, schrieb Amelia Andersdotter:
> even the european parliament international trade's committee adopted my
> opinion calling for european member states and the commission to
> minimize the impact of third country legislation on european citizens.
> 
> as will's comments made clear, it is likely that the differences between
> copyright legislations in different countries may well mean that german
> citizens, and other europeans, could in this case have suffered from a
> more restrictive interpretation of copyright law than they have
> democratically decided is acceptable.
> 
> surely the piratenpartei in germany could not respond more
> conservatively to this problem than the european parliament committee?
> 
> /a
> 
> On 20.09.2012 01:12, Will Tovey wrote:
>> 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
>> ____________________________________________________
>> Pirate Parties International - General Talk
>> pp.international.general at lists.pirateweb.net
>> http://lists.pirateweb.net/mailman/listinfo/pp.international.general
> 
> ____________________________________________________
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> pp.international.general at lists.pirateweb.net
> http://lists.pirateweb.net/mailman/listinfo/pp.international.general