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ONE MAN'S OPINION
From: "Stuart Friedman"
To: "SADO FORUM Mailing List"
Sent: Saturday, March 22, 2003 6:56 PM
Subject: [SADO FORUM] - Way O.T.Belgium BS
I have been dealing indirectly with Belgium's laws. A friend of mine is
counsel on a case involving extradition from the US to Belgium. In that
case, Belgium is attempting to exercise broad extraterritorial
juridiction. As much as it gnaws at my gut, I guess the question is why
shouldn't Belgium exercise this jurisdiction? The United States
certainly does.
If the United States exercises worldwide jurisdiction, why can't other
countries? We try foreign dictators in our courts for actions done in
their countries. If we can try Marcos, why can't Belgium try Sharon?
What right do we have enjoining French court degrees against Yahoo
because the French court orders (banning Nazi related speech) violate
our First Amendment? Yahoo!, Inc. v. La Ligue Contre Le Racisme et
L'Antisemitisme,169 F.Supp.2d 1181 (N.D.Cal.2001).
We (the US) routinely export our laws and enjoin foreign websites from
violating the Digital Millenium Copyright Act. For exampl, in a well
known case, we put Russian programmers on trial for breaking the copy
protection in Adobe's ebook digital rights scheme. United States v
Elcom, Ltd., 203 F Supp 2d 1111 (ND Cal 2002). American courts have
enjoined Scandanavian programs from distributing the DeCSS program
(which breaks the copy protection on DVDs) outside the United States.
See, gen. Article, The Digitial Trademark Right: A Troubling New
Extraterritorial Reach of United States Law, 81 NCL Rev 483 (2003); Paul
Borman, The Globalization of Jurisdiction, 151 U Pa L Rev 311 (2002).*
I believe that the International Criminal Court can be the answer to
this problem. It has a majority of the nations signed on and under the
Vienna Agreement regarding the interpretation of treaties, it is binding
on non-signatories, viz the United States. The United States
incidentally has ratified the Vienna Agreement, so we have effectively
agreed to be bound by the Court's jurisdiction notwithstanding Bush's
statements to the contrary. If we perfer to adopt our current approach,
then we can not complain when others follow the same suit.
No one likes "frivolous lawsuits," but I believe Belgium has the same
right to exercise extraterritorial jurisdiction as the United States.
If we don't like others exercising it, then we should stop exercising it
as well.
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