Quote:
Originally Posted by kane
The jurisdictional issue is interesting. In the article is says: "The jurisdiction issue was another sticking point. Judge Zimmerman had trouble with Siegel?s claims that being in a BitTorrent swarm subjects people to nationwide jurisdiction. "
I have a feeling we will eventually get a ruling as to whether or not this is something that can occur. A variation of it happens in adult for obscenity crimes. They choose a district that is conservative and gives them the best chance of success then they order the products or access the websites from that location so that the trial can be held there regardless of where the original server is or where the company in question's office is.
If you are illegally downloading material and you are connecting to computers/networks all over the nation it would seem reasonable that you might be held accountable in any one of those different areas.
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there is a huge difference between the two
in the case of obscenity charges the transaction does happen between those two points
the only transaction you are being prosecuted for is the one that falls within that jurisdiction
in the copyright case, they are arguing you deserve more then just actual lost sale damage, because your DISTRIBUTING to all the other states
it would only be equal if they took all your sales world wide, and charged you with 1 count of obscenity for every single sale, because you made 1 sale in a conservative jurisdiction.