FC: Latest in DVDCCA Calif. suit against programmer in Scotland

[Declan McCullagh <declan () well com>]

********

Date: Wed, 15 Nov 2000 11:40:22 +0000
From: Ken Brown <k.brown () ccs bbk ac uk>
Organization: Birkbeck College Central Computing Services

John Young exposes a fascinating bit of regulatory arbitrage at:

http://cryptome.org/dvd-v-fawkus.htm

A Japanese company suing a Scotsman in California, for acts allegedly
committed in Scotland.

As the alleged fault consists of possessing software to read DVDs I
don't think very many cypherpunks will sympathise with the plaintiffs.
But it is interesting that they claim that they have jurisdiction over
people in Scotland where AFAIK there is no criminal or civil law against
copying DVDs. I'm not completely sure about that - over here in
centralised, obedient, non-paranoid Britain, Scottish law is utterly
different from English & some things are illegal in one country that are
allowed in the other. FOr example in Scotland  children can sue their
parents for maintenance up to the age of 25 - now that *is* weird.

Of course this is not the only high-profile case of regulatory arbitrage
involving Scottish law at the moment. There are those Libyans accused of
bombing the 'plane the blew up over Scotland who are being tried by a
Scottish court in the Netherlands, the place having been temporarily
re-classified as UK territory - they almost certainly could have been
tried in the US or a number of other places as well.

Maybe the California courts should take over supervision of Florida
elections next?

Ken




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