[ppml] Policy Proposal: Resource Reclamation Incentives

Dean Anderson dean at av8.com
Thu Jul 5 14:37:40 EDT 2007


On Tue, 3 Jul 2007, Ted Mittelstaedt wrote:

> There are MANY national courts that make rulings against people and
> companies, that are regularly ignored by those companies and people.
> Everything from what's-his-name being considered a criminal in India for
> publically kissing a girl, to Iran ruling that some other guy be
> put to death for some book he published.  And shall I get into the rulings
> out of Germany that make it illegal to talk about Hitler and Naziism?
> Which are ignored in the US routinely?

You mean like French jurisdiction over Yahoo? (Yahoo lost, because it
turned out that Yahoo can (and did) control what content went to
France), or Chinese jurisdiction over Google (google complied)

The laws of other countries aren't ignored:  Americans don't bring
pro-nazi literature to Germany.  If they do, they will suffer the
consequences. n Rushdie will be put to death if he returns to Iran, and
so he doesn't go to Iran. Its hard to tell who "what's his name" is,
since googling 'india kiss' returns a lot of scandals. Public kissing in
India is against the law. Perhaps you mean Richard Gere, who said he was
ignorant of the law, and apologized for the offense. Ignorance is never
a defense.

> A US court has no jurisdiction over North America.  ARIN is not assigning
> IP numbers for the US, they are assigning them for North America.

Facts show otherwise, and it is rather pointless to argue law or policy
with anarchists who think that no laws apply to them, and that no courts
have jurisdiction.

Indeed, I presume that one day the WTO will take up cases involving the
Internet.  However, juridiction in a world court doesn't preclude suit
in a national, state, or local court with juridiction over one of the
parties.

		--Dean



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