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On Tue, 17 Dec 2002, Mikhail Kovalenko wrote:
> "The law" doesn't have anything to do with a Russian company without US
> presence legally producing software in Russia for Russian clients. Oh,
> wait! We're talking about American law! Of course! It equally applies
> to everyone worldwide. Never mind that it was available in the US only
> through resellers or that US Government bought and used their software
> without complaint before. Never mind that it is "believed to be" legal
> in Russia to develop and distribute such software.
> Whatever. For more info see:
> http://www.eff.org/IP/DMCA/US_v_Elcomsoft/us_v_sklyarov_faq.html
It's an interesting sort of problem. It isn't just the United States
imposing itself on the rest of the world. Some countries will prosecute
individuals who have posted things on the web that they don't like. It
doesn't matter that the individuals who posted those things are American
citizens living in a country that guarantees freedom of speech and posting
their views on computer in the United States. The problem is that the
words are distributed worldwide so that they can annoy totalitarian
governments everywhere. If you have made statements against a government,
then you visit that country, don't be surprised if they hold you, imprison
you, prosecute you and convict you. The legal defense that you were in
the US when you made the statements will not protect you. Here's an
example:
http://www.guardian.co.uk/Print/0,3858,4435071,00.html
Another example of this that won't evoke a lot of sympathy is racist web
sites from Zimbabwe:
http://news.bbc.co.uk/1/hi/world/americas/645262.stm
People can come from other places to establish racist websites in the US
to be read by the people back home. If this is illegal in the home
country (e.g., Germany), the webmasters may be prosecuted when they return
home.
Mike
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