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KaZaA can be sued in the US, sez LA judge
Posted by James Grimmelmann on Saturday, January 11 @ 12:06:27 EST News
A federal judge in Los Angeles, the brain stem of the copyright cartel, has ruled that Sharman Networks, the maker of KaZaA, can be sued in California courts (including federal ones), even though it is incorporated in Vanuatu. He specifically cited the millions of downloads of KaZaA by California residents as a factor in the decision.

Where does this leave personal jurisdiction for Internet postings? How does this harmonize with Pavlovich and Young? Not yet clear.

Full story here.

 
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Re: KaZaA can be sued in the US, sez LA judge (Score: 1)
by HowardGilbert on Saturday, January 11 @ 14:37:15 EST
(User Info | Send a Message) http://www.yale.edu/pclt
Young and related cases test the highly questionable proposition that an internet publisher who placed a document on a server in one state or country can sued in another state or country where people only download and read the files. If this claim is not rejected it would imply that US citizens could be sued or prosecuted in China or Saudi Arabia for things they say that those countries don't like.

However, this case is completely different due to the distributed, peer to peer structure. One individual in California can download KaZaA and share copyrighted material on the internet. Another individual in California can download the software and use it to make an illegal copy. If a violation of the law has occurred, there is no question that CA courts have jursidiction over both parties involved in the act. Now the question arises whether KaZaA enabled this violation.

It is settled law that a third party who provides material assistance to an illegal act can be prosecuted in the jurisdication where the act occurs even if that third party did not physically enter the jurisdiction himself. You better believe that if we ever get Osama in US custody we aren't going to let him walk on 9/11 just because he was in Afghanistan when his associates crashed into the towers.


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