On Sun, Dec 31, 2006, Ira Abramov wrote about "Re: Israel TV": > 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). >... > > 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.
I don't think this issue is specific to linking, to piracy, or IP laws. The more basic question is - how much does "free speech" cover you when you are telling others to break the law, or helping them do so more easily? At what point do you stop being just a "speaker", and become an "accomplice"? Is publishing links to illegal material ok? Is publishing instructions on making bombs ok? Is publishing stolen credit card numbers ok (if you didn't steal them yourself)? Is publishing a religious edict to murder someone (e.g., the prime minister you don't like) ok? Are all of these covered by "free speech"? I guess your intent matters a lot. If you publish on Wikipedia an explanation of what Trinitrotuluene is and how it is prepared, a judge will much more likely be in your favor than if you published a "How-to-blow-up-your-school For Dummies" step-by-step instruction manual in a website for kids. Similarly, if you passingly mention a link in some mailing list in response to a question, in "tom lev", this is very different from building a commercial site whose sole intent is to help others to break the law, while you profit. Another real-life example is selling knives, which is a perfectly legal and legitimate business - even if one of your customers ends up murdering someone with a knife you sold him. The situation becomes very different if it is proved that you specifically target murderers, you know and accept that your entire profits come from murderers, and you knowingly and delibrately sell them weapons designed to kill humans with greater efficiency. So it's all a question of intent. > 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). As far as I know, the law simply forbids the American credit-card companies and banks for transferring money to gambling companies - so the Americans can come to these sites, but have no way of paying. Don't be suprised if this will soon be circumvented, and American gamblers will find other ways to pay these sites (mailing cash? through phone charges? through American criminal organizations or foreign straw men taking money? the sky is the limit). -- Nadav Har'El | Sunday, Dec 31 2006, 10 Tevet 5767 [EMAIL PROTECTED] |----------------------------------------- Phone +972-523-790466, ICQ 13349191 |If you choke a Smurf, what color does it http://nadav.harel.org.il |turn? ================================================================= To unsubscribe, send mail to [EMAIL PROTECTED] with the word "unsubscribe" in the message body, e.g., run the command echo unsubscribe | mail [EMAIL PROTECTED]
