from cni-copyright: Transjurisdictional Issues

[James Love <love@cptech.org>]

Interesting e-commerce dispute.  Jamie

----------------------------
Subject: Re: Transjurisdictional Issues
     Date: Fri, 4 Jun 1999 11:59:20 -0400 (EDT)
    From: Bernard Katz <bkatz@uoguelph.ca>
 Reply-To: cni-copyright@cni.org
      To: Multiple recipients of list <cni-copyright@cni.org>

On Tue, 1 Jun 1999, Michael Lean <m.lean@qut.edu.au> wrote:
> 
> I realise this is not (yet) a copyright issue, but it looks as though 
> this action may force a confrontation of the transjurisdictional 
> issues raised by the Internet. Worth watching,
> 
> > From the SMH today:
> > http://www.smh.com.au/news/9903/20/features/features3.html
> > 
> > Monday, May 31, 1999 
> > 
> > Bank case tests Net libel law 
> > 
> > By ANNE LAMPE 
> > 
> > An Australian court will today rule on whether Macquarie Bank (MBL) 
> > should be granted an injunction to prevent a US citizen and resident, 
> > Mr. Charles Berg, from allegedly publishing defamatory information 
> > about the bank and some senior employees on a US Web site.
> >
> > The decision by Justice Caroline Simpson is expected to break legal 
> > ground on Internet defamation claims.
> > 
> > However, Justice Simpson said the MBL action faced hurdles, including 
> > how Australian courts come to grips with US defamation law; whether 
> > Australian courts have jurisdiction over material placed on a Web 
> > site set up in another country; and the enforceability in another 
> > jurisdiction of any order an Australian court may make on the issue.
> > 
> > [snip]


This is indeed an interesting case.  There's another one in a tribunal
jurisdiction (ie.  not in a "real" court) in Ontario, where the Human
Rights Commission is reviewing a charge brought against the notorious
"neo-Nazi", Ernst Zundel for involvement in the dissemination of hatred
against blacks, Jews, etc.  through a Web site in the U.S.  in violation
of provincial law.  Zundel has claimed that he has nothing to do with
the site, but there was a significant break-through severla months ago,
when his ex-wife (or she may hve been "estranged" but not yet "ex")
testified to the effect that he had been intimately involved with the
creation and running of the site. 

Cheers,

Bernard Katz, Head, Special Collections and Library Development
McLaughlin Library, University of Guelph, Guelph ON  Canada N1G 2W1
   and Chair, Ontario Library Association Copyright Task Force
bkatz@uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931


-- 
James Love
Consumer Project on Technology
http://www.cptech.org
love@cptech.org
202.387.8030; fax 202.234.5176