Low End Mac
Search LEM 
Donate · Amazon.com · iResQ · Advertise
Other Cobweb sites: Low End Living · Reformed.net
Quicklinks: · Power Macs · 'Books · Early Macs · Week's Best Deals · OS Downloads
Aquatic Mac

California vs. Kazaa

Can a California Court Have Jurisdiction over an Australian Software Company?

Andrew W. Hill
2003.01.22

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.

Quantcast

Quantcast

Quantcast

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:

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.

<This article is available in a printer friendly format.>

Join us on Facebook, follow us on Twitter or Google+, or subscribe to our RSS news feed

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.

Today's Links

Recent Content


<back to Aquatic Mac index>


Aquatic Mac begun December 28, 2001. All Tech Reflections articles ©2001-2003 by Andrew W. Hill. Low End Mac is an independent publication and has not been authorized, sponsored, or otherwise approved by Apple Inc. Opinions expressed are those of their authors and may not reflect the opinion of Cobweb Publishing. Advice is presented in good faith, but what works for one may not work for all.
  Entire Low End Mac website copyright ©1997-2016 by Cobweb Publishing, Inc. unless otherwise noted. All rights reserved. Low End Mac, LowEndMac, and lowendmac.com are trademarks of Cobweb Publishing Inc. Apple, the Apple logo, Macintosh, iPad, iPhone, iMac, iPod, MacBook, Mac Pro, and AirPort are registered trademarks of Apple Inc. Additional company and product names may be trademarks or registered trademarks and are hereby acknowledged.
  Please report errors to .
  LINKS: We allow and encourage links to any public page as long as the linked page does not appear within a frame that prevents bookmarking it.
  Email may be published at our discretion unless marked "not for publication"; email addresses will not be published without permission, and we will encrypt them in hopes of avoiding spammers. Letters may be edited for length, context, and to match house style.
  PRIVACY: We don't collect personal information unless you explicitly provide it, and we don't share the information we have with others. For more details, see our Terms of Use.

\r\n\r\n"; if ((isset($pool) AND isset($type)) AND (isset($ip) OR isset($ok))) { if (!isset($siteid)) $siteid="270"; if (!isset($pageid)) $pageid="0"; if (!isset($force)) $force=""; if (!isset($keywords)) $keywords=""; if (!isset($pos)) $pos=""; if (!isset($optcode)) $optcode=""; getad($siteid, $pageid, $pool, $type, $ip, $force, $keywords, $pos, $optcode); # $adr = "http://adserver1.backbeatmedia.com:6789/servlet/ajrotator/$siteid/$pageid/viewHTML?pool=$pool&type=$type&ajip=$ip"; # $success = @readfile("$adr"); } ?>

  • Mac of the Day: Power Mac 9500, introduced 1995.05.01. The first PCI Power Mac has 6 expansion slots, speeds of 120 and 132 MHz.
  • List of the Day: Mac mini Group is for anyone using a G4 or Intel Mac mini.
  • Channels
     Power Macs
     iMac Channel
     iBook/PowerBook
     MacInSchool
    Computer Profiles
     iMac
     Power Mac
     PowerBook/iBook
     Performas
     Mac Clones
     Older Macs
     LisaNeXT
    Editorial Archive
    Mac Daniel's Advice
    Email Lists
    LEMchat (uses AIM)
    Online Tech Journal
    Consumer
     advice, reviews
     guides, deals
    Software
    Apple History
    Best of the Web
     Best of the Mac Web surveys
    Miscellaneous Links
     Used Mac Dealers
     Video Cards
     Mac OS X
     Mac Linux
     Macspeak
     RAM Upgrades
    About Low End Mac
    Site Contacts

    Open Link

    Support LEM

    Affiliates

    The Apple Store
    The iTunes Store
    MacMall
    iResQ
    ExperCom
    eBay
    Amazon.com
    PayPal
    PCMall
    PC Zone
    Crucial Memory

    Our advertising is handled by BackBeat Media. For detailed price quotes and advertising information, please contactat BackBeat Media (646-546-5194). This number is for advertising only.