Quoting Amos Shapira, from the post of Sun, 31 Dec:
> On 31/12/06, Ira Abramov <[EMAIL PROTECTED]> wrote:
> >
> >Not the Israeli law.  In Israel it's still legal to link to illegal
> >things, I think (though the lionetwork site precedence may overturn
> >this. Must ask Haim Ravia).
> 
> How do you define "to link"? Is an e-mail message "a link"? Is a written
> snail-mail letter? Is an SMS or spelling out the link over the phone?
> All of the above?

that is one of the many problems - it is NOT defined by the law. it is
subject to the judges' whims in each case.

> If so then how would that seat with freedom of speech?

it doesn't. I'm against that. hence the smily and me joking about it.

> And which country's jurisdiction is enforceable? The country were the writer
> happens to sit in (so what if he's on an international flight over the
> Pacific?)? The server he typed his message on? The mailing list server or
> the archive server?

Indeed, those are the black holes in international laws these days.
that's how Pirates' Bay, MiniNova and others continue to work, attacked
only by RIAA letters but out of their judicial reach (for now). That
same way it's illegal to operate online casinos in Israel but they are
not enforcing an Israeli's use of such a casino if the server is abroad.
OTOH the new US law from this week is even more strict - you can't
supply gambling services to Americans even if you are a non-American
company (via some international legal agreements, I'm sure).

it IS a mess, since few if any legal systems in the world today define
the jurisdiction of websites' violations, the definition of a link is
unclear, and in most cases even software has no clear definition at all.
some treat it the same as prose or a written science document, but that
entitles it to different freedoms and protections than it is getting
now. the Judicial system is not keeping up with technology, period.

> 
> and IP laws in general.
> 
> I would have expected a better understanding from you, of all people, Ira -
> without IP laws the GPL, BSD, Perl's artistic license and all the other
> great copyright/copyleft licenses would be meaningless as well.

for the last time. not ALL IP laws are bad, only some need to be
canceled and others need to be heavily revised to free inovation and let
the world of science progress with less difficulties, and advance the
human race, yada yada.

-- 
The barbaian Bavarian
Ira Abramov
http://ira.abramov.org/email/

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