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Jurisdiction

Comments: 4


One way or another, this is going to be a big deal.

Australia makes landmark net ruling
BBC

Australia’s high court has ruled that the financial publishers Dow Jones can be sued in the Australian state of Victoria over an article that appeared on their website.

[…]

Dow Jones had argued that publication of the article on its Barron’s website took place in the United States and wanted the case to be heard there.

It is thought to be the first such decision in the high court of any country to consider the question of jurisdiction and the internet.

•••
Posted to General Rants 2002.12.10 (Tue) • 23:50

Comments

Posted by John   2002.12.11, 11:39

I don’t see how any court can hold a foreign company liable for material that is housed on servers inside a foreign country if it’s not against the laws of that foreign country. Seems like one of those wicked law entanglements that will take decades to sort out.

Posted by pixelkitty   2002.12.11, 12:26

This case has already been tried (and lost) only under a different guise.

Its illegal to host pornographic material in Australia, so all the porn mongers host off shore. This does not prevent Australians accessing porn, it simply prevents the porn mongers from being prosecuted in an Australian court.

Good luck to Mister Gutnick. While I do believe he was defamed, Im afraid he will have to take it to an American court.

The current ruling cannot be enforced outside of Australia, and is therefore redundant (and a complete waste of my taxpayers money!).

Posted by Scott   2002.12.11, 12:54

The famous Mr. Gutnick. More money than sense that fella.

Posted by db   2002.12.11, 15:04

mr gutnick is a wanker.

actually, i withdraw that comment and offer my full and public apologies.

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