RIAA sues Aussie Unis

[Kruno]

In Victoria and NSW.
:rolleyes:

We are not complying to their demands so they decide to take us to court. :rolleyes:

[LORD-eX-Bu]

really? that sucks. Give us all the details. Freakin' RIAA:mad: :D

EDIT: Maybe the Aussie SAS will take out their lawyers before they can reach the court house :p

[Kruno]

It was on ACA on channel 9. :)

[LORD-eX-Bu]

<------------------ American, don't get that channel;) :p

[sonaboy]

What's a Unis?
University?

[Son Goku]

What's the RIAA trying to sue them under, some American law such as the DMCA or do they actually have a law that exists on the books in that country this time?

Bills such as the DMCA, SSSCA, Berman P2P hack bill, etc were arguably ill conceived... But whether the RIAA likes it or not, American laws are not International laws. If they're trying that "sue a Russian programmer in California" as if he should have thought about US law in Russia and off US soil, again...

The truth is fair is fair, and it is no more right for the RIAA to try to enforce US laws against foreign nations and people, then it would be for a US citizen, living in the US to be charged under some foreign law, that doesn't apply here. Even as an American, I hope there is a nation out there that realizes that

1. They don't have to enforce this just because the RIAA would like. The government can act in accord with their own laws without capitulating to pressures from the recording industry

2. Has the guts to stand up to this

I know for a matter of fact that if we had a case such as the government of China for instance, being upset with some comments American's made about them (all allowable given the First Amendment, and yes the Supreme Court has considered political speech both protected and necessary to the healthy functioning of a democracy), tried sue an American or try them, detain them, etc for violating some Chinese censorship law, the US wouldn't stand for it. The argument would also be that we're a sovergn nation and Chinese law does not apply to US citizens who live in the US and were residing on US soil at the time they said what China didn't like them saying.

The same should apply to cases such as this...I personally abhore a convenient double standard, and if we ourselves wouldn't tollerate something (such as a business organization enforcing foreign laws on us), what reason is there to expect others to be more tollerant of what we ourselves wouldn't be? Is the RIAA actually suing them under laws of their own country this time?

[Mod]

Kaaaaaaaaaaaaaa-meeee-haaaaaaaaaaaaa-meeeeee-haaaaaaaaaaaaaaaaaaaaaaaaaaa !!!!!!!!!!!!!!!!!!!!!!!!!!!

:jumping: :jumping: :jumping: :jumping: :jumping: :jumping:

[ASCI Blue]

Per RIAA's website CD ROM and computers aren't music devices. That aside copyright is copyright or VIA wouldn't be able to take Intel to court. ATi wouldn't be able to take nVidia to court because they're out of the US.

Gotta love treaties.

[Kruno]

Is the RIAA actually suing them under laws of their own country this time?

Actually they have said they are going to take legal because Universities (un-named) have breached copyright laws.

[Son Goku]

Originally posted by K.I.L.E.R
Actually they have said they are going to take legal because Universities (un-named) have breached copyright laws.

And again, of what country? Not only would a person running a network not have complete knowledge and control of everything done (unless they run a secure environment...aka such as in military instillations) and lock everything and everyone down tight...the law of the jurisdiction should be taken into consideration.

AKA, if it is US law being applied to another country...then the people in question are not necessarily law breakers, not if they followed the laws of their own nation. And given many cases we've seen, where people are dragged to courts outside their jurisdiction (look at the case where the courts had to say a Texas resident couldn't be dragged before California courts as California courts have no jurisdiction over the sovergn state of Texas) and Russian citizens can be brought to trial in the US (to have a jury not go for that and tell them, no you can't charge a Russian like this in US courts for actions done in Russia and well...); there is reason to question.

Talking about someone breaking some law, really begs the question when it isn't mentioned whether the law they're being charged under even applies to the jurisdiction they live in. Given what the RIAA is trying, law abiding citizens of their own country, who abide by their own government's and countries laws, could be charged for violating foreign laws that don't even exist on the books in their country. Whether the RIAA likes it or not, we do not have a one world government, and different nation/states do exist. Each nation/state is also afforded the right to establish their own laws which need not be the same from one to another. If people in one nation would like their right to govern their own country, in equal measure they should be willing to respect this same right as existing for another...

Ideally, just as some judges allude to certain limits ("we're not supposed to try cases that exist outside of our jurisdictional boundaries"), court's in these other countries would say "You want to bring someone to trial in this court room, you better try them under a law that exists within this jurisdiction or country. In this court, we do not recognize laws that do not exist on the books for our own government. You want to try them under a foreign law, then you try them in a foreign court if you wish. This case is outside my jurisdiction..."

[Kruno]

I live in Australia. :)
We tend to bend over to companies from other countries, especially companies from the USA. No this is not an anti US remark. :)

OT: We have sold just about all our Aussie owned companies like Arnott's to the USA.

Back OT:
I thought an international court of law could get involved?
It's been said the Universities are fighting the RIAA's claims. I think it's the RIAA anyway as they said the recording industry is taking action. Unless there is 1 recording industry that works world wide or 1 in Australia?

I'm ignorant in a lot of these matters involving the recording industry.

[Son Goku]

We tend to bend over to companies from other countries, especially companies from the USA. No this is not an anti US remark.

Don't worry, I don't see it as an "anti US remark" but rather an assesement of Australia by someone who lives there. As an American, I can certainly say that if the RIAA is trying to charge people in Australian courts under US law, then I find something very wrong with this. And quite frankly I don't care if they're US corporations or not. I don't know what law their being charged under, or who's, and don't have the channel to watch.

Being a US citizen doesn't mean supporting everything "one of our companies" might or might not due. Similar to how they put the Russian programmer on trial in the US, and yet a US jury called foul on the whole thing in their deliberation...

I thought an international court of law could get involved?

The only International court I have heard of, is the International Court on Human Rights which has been proposed in the UN. However, this is to address human rights violations, not copy right claims.

Typically inter-country disputes are handled through negotiation or going to war...but their is no central authority serving over the various nation states. As to the United Nations, it is more of a confederation, and is not like a federal or centralized government with athority over all...

It's been said the Universities are fighting the RIAA's claims. I think it's the RIAA anyway as they said the recording industry is taking action.

If it's the RIAA, they might be best to contact the Federal Fronteir Foundation or other such organization for legal assistance. (Such organizations do have their own lawyers, and in these sorts of cases have been willing to take these cases on. They also specialize in such cases.)

In any case, unless a charge is being leveled for a violation of a law on Australia's law books, I would say that the judge should cry foul and throw the case out. It's rather questionable if they are in fact charging people based on laws that are not of their land, and not the place they reside, are a legal entity within, etc... But from your description this might not happen, and the RIAA might, per chance know it.

If on the other hand, there is a law on the books in Australia, and they can charge people under this, then so be it. The courts there can look at the matter. But I for one am not arrogant enough to assume the laws of my land should be unilaterally applied to everyone the world over. I would also be a bit less then thrilled if I were to find one day I was just charged for violating a law of a country other then the US, despite

- being a US citizen
- living in the US
- and not even residing in, or in any way being on the soil of that foreign land

all out of the blue... And if that were to occur, how could I be expected to be able to defend myself from a charge from some country I have never been in before?

[Kruno]

Ta, I also don't think the RI will be able to sue. I would asume it is the RIAA too as what is happening is very big. Sueing several universities in 3 different regions, WA, Vic and NSW. I just remembered WA now. :)

[ASCI Blue]

For the people in the US here you may or may not remember the kid in Singapor about a decade or so ago who broke laws there and was caned. Perfectly fair imo, you are in another country and break their laws why shouldn't you be held to their standards.

I'm interested in the specifics of this RIAA case. Is it Uni's refusing to block Kazaa, edonkey, and **** like that or is it students/professors using uni connections and computers to get copywritten material?