Preserved Topic: Will this have an effect on Web-Design?

This is kinda...well, concerning me here. It would seem, that now, as web-designers, we may need to pay even more attention to the legal aspects of content...time to get an international law degree?

Ok, maybe not soo concerning to web-design per se...but definitely for content. Seems that the same laws for print are now going to be used for content on the Web...hmmm.

Very interesting article, Webs. I was especially intrigued by the implication that legal jurisdiction is defined by the download point not the physical location of the servers. This could get very tricky.

I'm pretty sure the issue will be mired in legal battles for years, but it wouldn't be a bad idea to have some knowledge of the legal statutes regarding the internet worldwide.

wow.... so we're to be responsable for EVERY country that could possibly view or webpages... so in theory, we've got to apply chinese or Stalin-era censorship to our pages before making them public?

.....and I'd like to see them drag my ass to Uzbekistan to stand trial...


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Well, assuming that you wrote something in your website about Uzbekestan (or wherever), then yes, according to the decision in the link, you would be dragged there, and stand trail...

And, like in many legal systems (like here in Germany), a 'no show' at the trial ends in conviction...

Swallow that...kinda crazy, isn't it? I mean, this is really no joking matter...they are serious. Which is why I posted it. Is this, then, changing how content will be done on a website? It appears so...

Theoretically, China could start prosecuting websites that 'damage the face' of the official party lines...the ruling in the link sets a presidence case...I find that unsettling...

can chinese courts define that as a precedence case all the way from Ausieland?

I don't know... it seems scary to me.... what if I had no chance in hell to make it to the Nepal High Courts in the Mountains of the Sun? Would the US extradite me to nepenese prison for, what, incitadory speach?


edit- hey, don't the 'Monopoly' and 'Brady Bunch' pages damage the 'face of China'?


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[This message has been edited by Petskull (edited 12-11-2002).]

let's get a couple of biiiig tankers and found our own country, with a really highspeed net connection... we can offer 'secure' hosting (ie. we'd rather sink the ships than be boarded by troops from another nation)

Sealand?

I like Evil, yes I do! I like Evil, how 'bout you?

Well, you'll hardly be expedited...you'll just lose the case if you don't show up...in other words, you'll be found guilty. That is what is so...concerning about the case...because it sets a presedence for exactly that. It sets the presedence that a case must be tried in that country, where the injured party(s) are. Therin lies the concern, for a person that is accused in a case must make the journey to whatever country where the case has been raised, to defend oneself.

Also, this is a case of international law...so the laws that may (or may not) apply in the accused's country, are superceeded by international law. Of course, because one will be tried in a foreign country, one is then subject to the laws there. This is also worrisome...

I don think the judge wasn't correct in doing this. In my opinion something like the internet isn't comparable with traditional media like printed magazines, so simply applying the law about printed work isn't a good idea. Most of the problems have already been stated... Think about obscure or not-so obscure countries sueing an entirely different part of the world since they don't like one or two things they mentioned.

The problem here is that the judge decided that the 'crime' had been done in a country where the one who commited it had never been.

I was talking to my mother (a corporate lawyer) about this issue and it's impacts, and she stated that the solution may be deceptively simple-

...just put a disclaimer on your site that says that you're not responsable for what for what anybody does with that information outside of countries X, Y, and Z (of the plaanet Earth- hey, you never know!)

Simply go checking countries off and make sure the disclaimer itself is legal from the standpoint of any country in the world.


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Well, I understand what you are getting at...but the disclaimer will not help...at least, not directly. Because you have to go to the country in question to defend yourself (or hire a lawyer to do it...). Sure, you may (and probably will) win the case, under those conditions...but if you don't show up (or are not represented)...you will probably lose. That's what has me worried...

Damn judges...I really think this case is worrisome...

They are suing an international corporations as opposed to an individual. The international corporation does have a stake in Australia, and since it does opperate in Australia it has to defend itself against Australian laws.

Me on the other hand, publish in America, have no stake in anything Australian, chinese, russian, korean, japanese and the other hundreds of countries that make up this world, so I would figure it to be pretty hard for them to sue me.

I have no control over what happens in Australia so I would not feel that I needed to lose freedom's that I am granted in my country because I publish to the web. I would not show up and let them do what they want. Even if I lose such a civil case I would like to see an Australian try and get punitive damages from me.

Especially since you are a member of a sovereign nation. They can convict you af anything they want. They just can't enforce it until you're physically there. So never go to the country that has issues with you and you'll be fine.

GrythusDraconis
I admire a man who can budget his life around his pint of Guinness and I envy a man who's wife will let him. ME, inspired by Suho1004 here.

[This message has been edited by GrythusDraconis (edited 12-12-2002).]

and last but not least,
that would be a civil matter - you won't go directly to prison for it, even if you ever enter that country.
(I believe few countries nowadays have laws that put people who can't pay their debts into jail... doesn't work anyway ;-) )

Ummm...Germany does. Actually, in Germany, you'll go to prison longer for refusal to pay debts (or running out on them), then you will for murder...*shrugs*