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"Patrick Navin" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED]
Jer wrote:
Then explain how it is that having a copy of a copyrighted work without permission from the copyright holder is not a breach of international copyright law.
The concept of 'International Law' is something you might want to read up on. There is no codified international legislation, merely a vast collections of treaties, agreements and some international organisations' articles of incorporation.
The application of law from one state to another is one of the most complex and frustrating areas of law. Agreements in certain territories have no value in others becasue prevailing law may prohibit or restrict the way in which certain agreements or contracts are enforced or allowed.
Copyright, with it's own additional complexities, when een in an international context, is supremely shady and difficult to apply. Suffice to say that, what one distributor's copyrigth agreement permits in one state, anothers' forbids in yet another.
One clear fact is that copyright infringement cannot be dealt, under UK law, as Theft under TFA 1986. The problem with copyright is that it applies, invariably, to intellectual property for which it is difficult to approve both actual appropriation and intention to deprive on a permanent basis.
There is no 'international copyright law' per se. The codification and enforcement of copyright agreements caires wildly from state to state and incoporates both legal and political implications (Chinese state's reluctance to prosecute pirates of Microsoft/Sony etc). You must look at your local copyright legislation, and the terms and conditions of the individiual copyright agreement, to determine whether the copying of an item is a substantive breach of both the agreement and the law. Bear in mind that states almost invariably do not recognise other states as international legal personalities by right of existence. Rather they tend to recognise them only inasmuch as a particular treaty or agreement identifies them. Unless a treaty or agreement between your own nation and the nation from which the copyright agreement derives covers the said intellectual copyright, enforcement or pursuance are unlikely.
For a very good primer in 'International Law' and the concept of legal personality of states I recommend Michael Akehurst's 'An Introduction to International Law'.
> There is an international copyright accord known as the Berne Convention > (http://www.law.cornell.edu/treaties/berne/overview.html) >
-- Patrick
"I did the grabs via a Duomix61 grabber as used by 'security sources'" "I never grabbed them on a PC mate -they went via IE56575 to a fancy technical thingie grabber -or something" - un-named Video capture 'expert'
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