I'm sure by now everybody has noticed that the state of California
has declared Australia part of their jurisdiction (see I
Still Call Australia Home). For those who missed it, the
Australia-based publisher of Kazaa,
an Internet file-sharing program, is being sued in California. They
appealed to the California courts on the basis that Australia was not
part of California the last time they checked - but were denied.
The state of California's stance on the issue is that since the
software is downloaded and used by people in California, the
publishers are subject to California law.
I seem to recall an incident a while back when Google
was blocked in China. There was a huge hullabaloo, with
everyone screaming bloody murder. Eventually, China allowed Google to
make a second version for China's use. China's position was that
there was some material on the Internet that was illegal in China.
China has no law upholding free speech, and it was ruled that any
site linking to objectionable material was potentially illegal as
well. As such, they blocked all such sites. That's all.
They didn't send a letter to Google demanding they show up in a
Chinese court for a potentially capital offense.
Let's go out on a limb here and say that I go to Amsterdam. From
what I understand, I'm legally allowed to purchase material involving
naked girls as young as fourteen years of age, as long as they are
not involved in any lascivious actions. Suppose I bring them back to
the USA. They stop me at customs and find the magazines. Which of
these happens:
They arrest me under child pornography laws and send me to
jail.
They let me keep the magazines, release me, and sue the
publisher in Amsterdam.
I fail to see the difference between this and the Kazaa case.
I'm sure many people would argue that I am physically bringing
child pornography into the country, instead of having the company
mailing it to me in the USA. My take here is that Kazaa is not "sent"
to users in the USA any more than the magazine was sent to the
individual.
The user of Kazaa has sent their electronic identity to Australia
and downloaded some software. The software itself is not illegal. In
fact, Microsoft
has embraced it as a convenient way to distribute Windows
Media files. The question is whether Kazaa can be held liable because
some users choose to use their software to illegally swap files.
I'm certain that if some country other than the USA tried to
enforce their laws upon other sovereign nations there would be an
uproar. I'm sure this wonderful country would not tolerate somebody
other than its own government impinging on its civil rights.
Andrew W. Hill (a.k.a. Aqua) has been using
Macintosh computers since 1987 and maintains that the
Mac
SE is the perfect Macintosh, superior to
all - including the Color
Classic. He is on the verge of being
evicted from the family home due to its infestation of Macs (last
count: about 50). Andrew is attempting to pay his way through college
at UC Santa Cruz with freelance Web design and Mac tech
support.
Recent articles by Andrew W. Hill
California vs. Kazaa, 01.22.
Can a California court have jurisdiction over an Australian software company?
Switching off Mac OS 9, 09.12.
No more booting into OS 9 with 2003 Macs -- is it a bad thing?
Why my 2400 is better than an iBook, 07.11.
The iBook is small, much faster, more affordable, and has far better battery life, but the 2400 is smaller and more expandable.
Mac of the Day: iMac Core Duo, Jan. 2006 - The first Intel-based iMacs ran at 1.83-2.0 GHz, came with 17" and 20" displays.
Group of the Day: Mac Pro List is for those using a Mac Pro.
November 23 in LEM history: 99: Should I buy a USB card? - 01: Can a low-end Mac be an only Mac? - Palm Desktop without a PDA - CyberDog saves the day - 05: How Consumer Reports could compare Macs fairly - Speakers for your Mac - Living with the hi-res 15" PowerBook - Birth of the PowerBook - Daystar 1.9 GHz iMac G4 upgrade - 1.92 GHz PowerBook upgrade
Apple's Tablet an End Run Beyond Netbooks, Frank Fox, Stop the Noiz, 11.20.
Whatever Apple has planned will leverage existing technologies while going beyond what its competitors can offer.
Replacing the Hard Drive in a Clamshell iBook, John Hatchett, Recycled Computing, 11.19.
Yes, it is one of the most difficult Apple notebooks to disassemble and reassemble, but a 10 GB hard drive just will not do.
IBM Model F: A Great Old Keyboard with an Outdated Layout, Tommy Thomas, Welcome to Macintosh, 11.19.
Although it used a different technology than the revered IBM Model M keyboard, the Model F was a great keyboard in its own right.
Best Mac OS X 10.6 and Mac Box Set Deals, 11.18.
"Snow Leopard", single user, $25; 5 users, $45; Mac Box Set, single user, $139; 5 users, $180; Server, $414. Shipping included.
Best Xserve Deals, 11.18.
Used 1 GHz dual G4, $649; 2.3 dual G5, $795; 3.0 4-core Xeon, $1,899; refurb 2.26 4-core, $2,499; new, $2,888; refurb 8-core, $2,999; new, $3,449; more.
Best 15" MacBook Pro Deals, 11.17.
Used 1.83 GHz, $750; 2.16, $800; 2.33, $900; refurb 2.4, $1,299; 2.53, $1,449; 2.66, $1,699; 2.8, $1,899; new 2.53, $1,579; 2.66, $1,799; more.
Best Power Mac G4 and AGP Video Card Deals, 11.17.
Used 400 MHz, $50; 933 MHz, $80; 500 dual, $60; 867 dual, $90; 1 GHz dual, $150; 1.25 GHz dual, $225; 1.42 GHz, $499.
Best Mac OS X 10.5 Deals, 11.17.
"Leopard" upgrade, $80; single user license, $135; 5 users, $173; Mac Box Set, 5 users, $230; Server, 10 users, $340; unlimited, $850. Shipping included.
Best Mac mini Deals, 11.16.
Used 1.42 GHz G4 mini, $379; 1.66 GHz Core Solo, $419; 2.0 Core 2, $450; new 2.26 GHz nVidia, $580; 2.53 GHz, $769; Server, $990.
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