Hi everybody.
Sailordan, in regards to your above posting at #103 of this thread, I will not copy paste that post as I do not wish this contribution to turn into a blog. However, in paragraph two of that posting you quote United States legislation which you attempt to give credence to by way of content from an attorney’s advertising journal which specifically relates to United States legislation in regards to copyright infringement.
In the above, let us take a possible case in regard to someone in the US wishing to take legal action against another person for copyright infringement of content lodged on the download station. The first consideration in that would have to be that N3V is an Australian registered company engaged in international trading and therefore the claim may well have to encompass Australian legislation which may entail those courts being involved in the action.
Further to the above, the person the aggrieved US party wishes to claim against may reside almost anywhere in the world where that countries patent and copyright legislation may be not be in any way similar to the United States. In the foregoing the legal representatives of defendant in the case may well argue that the case should be heard in the defendants own country of residence or in the Australian courts. Undoubtedly the US plaintive would wish to have the case heard in the American courts and much very expensive legal argument could well follow before the case even gets of the ground.
Legal courts around the world have different operating structures and procedures. By example, here in the UK there are three differing courts in operation with the first being the criminal courts followed by the civil court structure which are then augmented by the industrial courts. In the foregoing obviously the criminal courts give outright judgement on each count of either guilty or not guilty, where as the civil and industrial courts give verdict and awards by percentage of cause or liability of all parties involved in any action.
The above is standard law court operation in almost all countries within the European Union, but emerging nations such as India or Pakistan have vastly different systems and anyone can guess at the problems a plaintive may encounter in countries were the law courts operate under strong political influence such as China or Russia.
Sailordan, there is much more that could be stated in regards to your posting at #103 of this thread in regard the actual process making claim in the worldwide law courts but i do not wish this post to turn into a blog. However, is it realistic to believe that any person would wish to go through even the prelimery stages of cross border litigation in protection of content placed free of cost to an open universal user base.
In the foregoing the plaintive in such a case could not even be assured of recovery of his/her costs when initiating such action especially in a civil court that may make award on a percentage of liability which is often placed on both parties when making judgment.
Time to get real in this thread
Bill
.