Comments for The Shout http://www.granick.com/blog Opinions on Everything Thu, 02 Feb 2012 15:36:42 +0000 hourly 1 http://wordpress.org/?v=3.4.2 Comment on Megaupload: A Lot Less Guilty Than You Think by guillermo http://www.granick.com/blog/?p=739&cpage=1#comment-544381 guillermo Thu, 02 Feb 2012 15:36:42 +0000 http://www.granick.com/blog/?p=739#comment-544381 Just wanted to remind you all where it all started. As Spanish citizen I was really surprised when I first heard that M. Alan Solomont (US ambassator in Madrid) was pushing spanish authorities in order to pass a SOPA/PIPA-kind Rule in Spain. All was aiming to one single target: prevent the broadcasting of the Superbowl trough Rojadirecta last march 2011. Surprising thing is that such law got rid of the judges at a stroke and was approved at once. Therefore, the gov of Spain has now license to censore at will. Spanish gov throught the pressume of US amabassator in Madrid, which was his own under the Big (notice the capital B) pressure of major companies, finally "convinced" Spanish authorities to pass the law. As a result we have a law in Spain, which collides head on with our jurisprudence and Constitution. In truth i'm really looking forward to see our first "Megaupload" case here in Spain because it is going to lead straight to a failure of the basic principles of separation of powers so jealously guarded by our constitution. Just wanted to remind you all where it all started.

As Spanish citizen I was really surprised when I first heard that M. Alan Solomont (US ambassator in Madrid) was pushing spanish authorities in order to pass a SOPA/PIPA-kind Rule in Spain. All was aiming to one single target: prevent the broadcasting of the Superbowl trough Rojadirecta last march 2011. Surprising thing is that such law got rid of the judges at a stroke and was approved at once. Therefore, the gov of Spain has now license to censore at will.

Spanish gov throught the pressume of US amabassator in Madrid, which was his own under the Big (notice the capital B) pressure of major companies, finally “convinced” Spanish authorities to pass the law.

As a result we have a law in Spain, which collides head on with our jurisprudence and Constitution.

In truth i’m really looking forward to see our first “Megaupload” case here in Spain because it is going to lead straight to a failure of the basic principles of separation of powers so jealously guarded by our constitution.

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by guillermo http://www.granick.com/blog/?p=739&cpage=1#comment-544380 guillermo Thu, 02 Feb 2012 15:35:44 +0000 http://www.granick.com/blog/?p=739#comment-544380 Just wanted to remind you all where it all started. As Spanish citizen I was really surprised when I first heard that M. Alan Solomont (US ambassator in Madrid) was pushing spanish authorities in order to pass a SOPA/PIPA-kind Rule in Spain. All was aiming to one single target: prevent the broadcasting of the Superbowl last march 2011. Surprising thing is that such law got rid of the judges at a stroke and was approved at once. Therefore, the gov of Spain has now license to censore at will. Spanish gov throught the pressume of US amabassator in Madrid, which was his own under the Big (notice the capital B) pressure of major companies, finally "convinced" Spanish authorities to pass the law. As a result we have a law in Spain, which collides head on with our jurisprudence and Constitution. In truth i'm really looking forward to see our first "Megaupload" case here in Spain because it is going to lead straight to a failure of the basic principles of separation of powers so jealously guarded by our constitution. Just wanted to remind you all where it all started.

As Spanish citizen I was really surprised when I first heard that M. Alan Solomont (US ambassator in Madrid) was pushing spanish authorities in order to pass a SOPA/PIPA-kind Rule in Spain. All was aiming to one single target: prevent the broadcasting of the Superbowl last march 2011. Surprising thing is that such law got rid of the judges at a stroke and was approved at once. Therefore, the gov of Spain has now license to censore at will.

Spanish gov throught the pressume of US amabassator in Madrid, which was his own under the Big (notice the capital B) pressure of major companies, finally “convinced” Spanish authorities to pass the law.

As a result we have a law in Spain, which collides head on with our jurisprudence and Constitution.

In truth i’m really looking forward to see our first “Megaupload” case here in Spain because it is going to lead straight to a failure of the basic principles of separation of powers so jealously guarded by our constitution.

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by Bored Academic http://www.granick.com/blog/?p=739&cpage=1#comment-544165 Bored Academic Tue, 31 Jan 2012 22:41:01 +0000 http://www.granick.com/blog/?p=739#comment-544165 In case anyone is interested in New Zealand extradition law a summary is provided by the Ministry of Foreign Affairs at: http://www.mfat.govt.nz/downloads/treaties-and-international-law/Extradition-Act-summary.pdf There is also a relevant treaty at: http://newzealand.usembassy.gov/uploads/images/o16y8MOyHW2l-jJTxaMpeQ/ExtraditionUSNZ.pdf In case anyone is interested in New Zealand extradition law a summary is provided by the Ministry of Foreign Affairs at: http://www.mfat.govt.nz/downloads/treaties-and-international-law/Extradition-Act-summary.pdf

There is also a relevant treaty at:
http://newzealand.usembassy.gov/uploads/images/o16y8MOyHW2l-jJTxaMpeQ/ExtraditionUSNZ.pdf

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by Chilly Storms Brewing in the Cloud Over Megaupload Takedown | SiliconANGLE http://www.granick.com/blog/?p=739&cpage=1#comment-544011 Chilly Storms Brewing in the Cloud Over Megaupload Takedown | SiliconANGLE Mon, 30 Jan 2012 17:53:37 +0000 http://www.granick.com/blog/?p=739#comment-544011 [...] all the rules that should have given them an umbrella under the safe harbor provisions. In fact, according to legal analysis solicited of experts by Jennifer Granick of The Shout suggests that while Megaupload might have left themselves open to civil proceedings (which would [...] [...] all the rules that should have given them an umbrella under the safe harbor provisions. In fact, according to legal analysis solicited of experts by Jennifer Granick of The Shout suggests that while Megaupload might have left themselves open to civil proceedings (which would [...]

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by Dan http://www.granick.com/blog/?p=739&cpage=1#comment-543982 Dan Mon, 30 Jan 2012 12:37:21 +0000 http://www.granick.com/blog/?p=739#comment-543982 US recognizes 195 independent countries around the world, does it mean US citizen could also subjective to other 195 country's law? US recognizes 195 independent countries around the world, does it mean US citizen could also subjective to other 195 country’s law?

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by Dan http://www.granick.com/blog/?p=739&cpage=1#comment-543981 Dan Mon, 30 Jan 2012 12:16:56 +0000 http://www.granick.com/blog/?p=739#comment-543981 The other issue is why a New Zealand / Hong Kong to obey US Law? If China/New Zealand pass similar law (DCMA?), does it mean China/New Zealand can use same reson to request FBI to catch who-ever in US? The other issue is why a New Zealand / Hong Kong to obey US Law?

If China/New Zealand pass similar law (DCMA?), does it mean China/New Zealand can use same reson to request FBI to catch who-ever in US?

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by jjray http://www.granick.com/blog/?p=739&cpage=1#comment-543934 jjray Mon, 30 Jan 2012 01:51:15 +0000 http://www.granick.com/blog/?p=739#comment-543934 The jurisdiction issue is interesting. Large sites like megaupload mirror their content at different hosting sites spread around the globe. Thus, I suspect that the hosting location in the USA was just one of many. Does the "sufficient minimum contacts" test for long-arm civil jurisdiction of states apply to federal criminal actions by the US federal government? If jurisdiction in this case does turn on the location of hosting, why would any non-USA based firm ever host in the USA? The jurisdiction issue is interesting. Large sites like megaupload mirror their content at different hosting sites spread around the globe. Thus, I suspect that the hosting location in the USA was just one of many. Does the “sufficient minimum contacts” test for long-arm civil jurisdiction of states apply to federal criminal actions by the US federal government? If jurisdiction in this case does turn on the location of hosting, why would any non-USA based firm ever host in the USA?

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by B http://www.granick.com/blog/?p=739&cpage=1#comment-543907 B Sun, 29 Jan 2012 23:14:12 +0000 http://www.granick.com/blog/?p=739#comment-543907 On the jurisdictional question, I can tell you that if you host content on a server that you know to be located in the Eastern District of Virginia, in litigation (civil or criminal) about whether that content is infringing you will be subject to the jurisdiction of the Eastern District of Virginia in 100 out of 100 cases. My understanding of this case is that the U.S. is indeed alleging that the defendants knew that the content was hosted on a server in Virginia (indeed, they allegedly intended it that way to speed up downloads to U.S. users). So, if these fellows are convicted and imprisoned by an American court I suppose one of the big lessons will be that, yes, if you intentionally upload content to a server in the United States, for the purpose of better allowing users in the United States to join you in violating the IP laws of the United States, by infringing the IP rights of companies with major operations in the United States, you are subject to being brought to account in the United States. (As you may have sensed, I'm not terribly sympathetic to the defendants here. :) Nor, I'd wager, will the sentencing judge be if they are convicted.) On the jurisdictional question, I can tell you that if you host content on a server that you know to be located in the Eastern District of Virginia, in litigation (civil or criminal) about whether that content is infringing you will be subject to the jurisdiction of the Eastern District of Virginia in 100 out of 100 cases. My understanding of this case is that the U.S. is indeed alleging that the defendants knew that the content was hosted on a server in Virginia (indeed, they allegedly intended it that way to speed up downloads to U.S. users).

So, if these fellows are convicted and imprisoned by an American court I suppose one of the big lessons will be that, yes, if you intentionally upload content to a server in the United States, for the purpose of better allowing users in the United States to join you in violating the IP laws of the United States, by infringing the IP rights of companies with major operations in the United States, you are subject to being brought to account in the United States.

(As you may have sensed, I’m not terribly sympathetic to the defendants here. :) Nor, I’d wager, will the sentencing judge be if they are convicted.)

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by Frank Wilson http://www.granick.com/blog/?p=739&cpage=1#comment-543899 Frank Wilson Sun, 29 Jan 2012 21:05:33 +0000 http://www.granick.com/blog/?p=739#comment-543899 We as non USA citizens will watch this case with a lot of concern. If the USA government wins this case what does this mean for anyone in the world? Does it mean that when it comes to the use of the internet, is everyone subject to USA law. Frightening thought and it would show who really owns and controls the internet, it's content and it use. 😞 We as non USA citizens will watch this case with a lot of concern. If the USA government wins this case what does this mean for anyone in the world? Does it mean that when it comes to the use of the internet, is everyone subject to USA law. Frightening thought and it would show who really owns and controls the internet, it’s content and it use. 😞

]]> Comment on Megaupload: A Lot Less Guilty Than You Think by Terry Cole http://www.granick.com/blog/?p=739&cpage=1#comment-543890 Terry Cole Sun, 29 Jan 2012 20:00:41 +0000 http://www.granick.com/blog/?p=739#comment-543890 The NZ Judge noted (during bail proceedings) that the defendants appeared to have a good arguable defence against at least the IP infringement allegations. What counted for extradition purposes was whether or not the alleged offences would attract a sentence of more than a year in NZ. The civil offences in general would not: but the criminal ones, including the money-laundering, would. If the FBI is filing criminal allegations simply to get the civil offenders extradited and on US soil, that would explain the lack of attention to detail in the criminal and federal indictments. The NZ Judge noted (during bail proceedings) that the defendants appeared to have a good arguable defence against at least the IP infringement allegations.

What counted for extradition purposes was whether or not the alleged offences would attract a sentence of more than a year in NZ. The civil offences in general would not: but the criminal ones, including the money-laundering, would.

If the FBI is filing criminal allegations simply to get the civil offenders extradited and on US soil, that would explain the lack of attention to detail in the criminal and federal indictments.

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