Guys, at least remember that they do not know that your in Australia... the
website wasn't a .au site, they probably don't even know where the website
is, they are just firing off emails as fast as they can...
There's no need to orgasm because they are wrong. :)
Adam
> Date sent: Sat, 04 Mar 2000 01:10:17 +1000
> From: Adam Todd <[EMAIL PROTECTED]>
>
> <<parts snipped>>
>
> > >On January 20, 2000, the United States District Court for the Southern
> > >District of New York granted a Preliminary Injunction prohibiting the
> >
> > This has NO, NONE, ZIP, ZILCH jurisdiction within Australia. It only
> > applies to those Hosts within the United States.
>
> Actually, because it was a district court of NY, it only applies in NY.
>
> > Note the term "importing" which means to bring into the United States.
> > THat means providing you don't live in the USA and transfer the data via
> > the USA and out again, you are safe (sucked in Satalite ISPs!)
>
> Actually, unless you knowingly import it into USA, you cannot be held
> accountable.
>
> > Ok the last few lines in this are interesting. Australian Copyright
> > laws now allow us to reverse engineer. Thus it's totally irrelvant and
> > only an Australin Court could change this and set a precendet. That
> > isn't going to happen. Not with Alston winning the "COntibution to IT"
> > award :)
>
> Even without Australian laws allowing reverse engineering, you would
> still be allowed to legally use this decryption program in Australia,
> as the reverse engineering was not actually performed in Australia.
>
> > >The Superior Court of Santa Clara County, California also recently
> > >granted a Preliminary Injunction against the Internet posting of DeCSS.
> > >If you are bound by an injunction, maintaining the DeCSS utility on
> > >your system or network violates the above injunction[s] and risks court
> > >sanctions for contempt.
>
> This bit's odd. How does the MPAA know whether the injunction you are
> bound by (which you're probably not) is the same injunction issued in
> the superior court of California?? Silly MPAA, you're in Australia,
> that same injunction CANNOT and IS NOT enforcable here, so this whole
> paragraph is utter rubbish.
>
> > >3) advise us of the name and physical address of the person operating
> > >this site; and
> >
> > You don't have to do that either. Unless they lodge with a local court,
> > and that's not likely to be upheld anyway.
>
> As pointed out, without a local court order, go jump in the lake!
>
> > >4) maintain, and take whatever steps are necessary to prevent the
> > >destruction of, all records, including electronic records, in your
> > >possession or control respecting this URL, account holder or
> > >subscriber.
>
> Same as above!
>
> > Dear MPAA,
> >
> > I have received your letter dated DATE. I am sorry I am unable to help
> > you with your request. The resources you indicate are used for Research
> > and Development of technology and therefore subject to the rights under
> > the Copyright Act.
> >
> > If you have any further queries, please consult a Solicitor. Please
> > note that further communications with regards to this matter will be
> > charged to you at a rate of $4 per minute and invoiced to your
> > organisation as consultancy.
>
> That's a bit short isn't it?? I would be inclined to go into great
> detail in my response, and ensure the response was sent in HTML format.
> If they didn't like a 100k+ email, bad luck!
>
> > >The information in this notification is accurate, and we declare, under
> >
> > Well it's not accurate :)
>
> Well, not accurate for Australia anyway.
>
> > >Should you have any questions, please contact us at the above listed
> > >address.
> >
> > What questions?
>
> Come now, surely you could think of 5-10 pages of questions to ask
> them. Got to ensure you have their response totally in context, after
> all, nobody likes to be mis-quoted or taken out of context. :-)
>
> Aussie
> --
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>
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