OT: Spamhaus petition rejected - followup from
previous discussion
Richard Frovarp
Richard.Frovarp at sendit.nodak.edu
Tue Oct 24 15:22:04 IST 2006
Res wrote:
> On Mon, 23 Oct 2006, Michael Masse wrote:
>
>> http://management.silicon.com/government/0,39024677,39163463,00.htm
>
> typical yanks, why is it they think the rest of the world is subject
> to their courts jurisdiction. one day they'll wake up and smell the
> coffee, they are not earths governing body despite what they think :)
Because Spamhaus said so! They told the state court they have no
jurisdiction. They asked for the case to be moved to the federal court.
Then they decided that the federal court didn't have jurisdiction, and
didn't show up. If you don't show up for your case, you lose. I think
that is pretty standard around the world. Read this:
http://blogs.securiteam.com/index.php/archives/664
>
>
>> I'm certainly no lawyer, but how could there even be a hint of a case
>> for something like this?
>
> In Australia, and I'm sure in other countries, SH have the law BEHIND
> them, not awarding low life scummy trash privacy invaders damages.
>
>
I would check out Dow Jones & Co. Inc v Gutnick. This case didn't go all
the way to judgment, but the High Court of Australia decided unanimously
that content on US servers could count as defamation in Australia. Dow
Jones eventually settled after failing to get the case dismissed due to
jurisdictional issues. It would be interesting to see a similar case go
to the US Supreme Court.
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