Horst Herb wrote: > On Wednesday 26 July 2006 11:48, Peter Machell wrote: > >>> WTF is our server, does anybody know? >>> >> Physically, it's in Germany. >> >> This makes no difference anymore. >> > > It makes a BIG difference. > > Because the server is under German jurisdiction, all they can do is tell me > to > do something with it while I live in Australia, but there is no way they can > enforce whatever they want me to do - they cannot send their storm troopers > in to seize everything for example, as they did in Perth with the P2P thing. > > That is, I may chose to ignore legal requests depending on what is at stake > and simply pay e.g. a fine, and there is nothing they can do about it . > But isn't that the point? The German's can't do much to you (except turn off the server) but a citizen, resident or business operating in Australia you would be subject to Australian law irrespective of where the server was physically housed.
There is a body of law both Australian and international supporting this view. See Gutnick versus Dow Jones. http://www.austlii.edu.au/au/journals/MurUEJL/2004/26.html http://www.murdoch.edu.au/elaw/issues/v8n4/nicholson84_text.html http://www.anu.edu.au/people/Roger.Clarke/II/Gutnick.html http://www.austlii.edu.au/au/cases/cth/HCA/2002/56.html David _______________________________________________ Gpcg_talk mailing list [email protected] http://ozdocit.org/cgi-bin/mailman/listinfo/gpcg_talk
