On Tue, Feb 26, 2008 at 6:32 PM, Barry Gold <[EMAIL PROTECTED]>
wrote:
> Fred Reimer wrote:
>
> > Personally, I think Google/YouTube's response WAS appropriate. They are
> > just following the law.
>
> Google is a California corporation. They are legally required to comply
> with US and California law. They are under no obligation to follow the
> law in any other country, except to the extent that they find it to
> their advantage to do so.
>
>
Not so. Many states employ "long arm statutes" which permit them to go
after entities that are not inside the territorial borders of thier state.
I would think other countries may see it the same way.
Virginia State Code
*§ 8.01-328.1.* When personal jurisdiction over person may be exercised.
A. A court may exercise personal jurisdiction over a person, who acts
directly or by an agent, as to a cause of action arising from the person's:
[Irrelevant parts deleted]
B. Using a computer or computer network located in the Commonwealth
shall constitute an act in the Commonwealth. For purposes of this
subsection, "use" and "computer network" shall have the same meanings as
those contained in § 18.2-152.2.
C. When jurisdiction over a person is based solely upon this section,
only a cause of action arising from acts enumerated in this section may be
asserted against him; however, nothing contained in this chapter shall
limit, restrict or otherwise affect the jurisdiction of any court of this
Commonwealth over foreign corporations which are subject to service of
process pursuant to the provisions of any other statute.
What all that means is Virginia interprets this to mean that if Google
traffic transits AOL networks (AOL is a Virginia company) then it can
exercise personal jurisdiction over them, and haul Google into court for
violating one of its laws.
http://www.jocs-law.com/long-arm_statute.htm (1999)
A 2002 case in the appeals court has limited this somewhat, but the
principle is well and alive.
http://www.techlawjournal.com/topstories/2002/20021213.asp
In a wrongful death suit, Georgia is going after a company that is in
Kuwait.
http://www.law.com/jsp/article.jsp?id=1203677143074
In summary, what Google did was probably prudent, but I don't have to like
it. BTW, IANAL, and this isn't legal advice.
