And that's what it is , the Aussie download anti-massacre movement, and all you got to do to join is sing it the next time it comes around on the guitar.
I can understand wanting to avoid the homophobic slur in the original, but trollin'? Bit of a stretch.
You know you have shitty laws when you can apply a reductio ad absurdum.
In this case we are talking about the act of copying a document. So if you download a book in Canada from a Canadian server Canadian copyright applies. Imo, that is regardless of where that book was written or if you later take that copy over the border or not.
However, I also think this is just a "rule of thumb" and can be overwritten by any country as it pleases, e.g. US tax law applies to all income of US citizen around the world, subject only to international treaties.
If that's ok, what if I then view the Canadian server's downloaded document on my local machine without explicitly downloading it (via remote desktop or even cat'ing a text file in an SSH session). I've not explicitly copied anything, but the very act of interacting with it remotely necessarily copies it to local memory.
What about the reverse situation, where a Canadian downloads Gatsby while logged into a US server?
(Note I'm not trying to heckle you or demean your answer. I actually very much appreciate the info, but I'm just trying to point out that even simple notions such as "copying a document" aren't necessarily coherent in a modern, digital context)
Whether a court will let your clever workaround pass or not is up to them. If what you do is not in their interest (or there are other forces present, like the government or lobbyists), you may find that the law is _very_ flexible in its application.
Which is generally how it has to be. Otherwise the USA could legalize murder, thus allowing US citizens to legally murder New Zealanders in New Zealand with impunity.
Naturally an extreme example, but the understanding here is as old as time. "My roof, my rules".
We've seen the US happily grab jurisdiction for many things that have at best a tenuous connection to the US. (.com tld? That's US, even if nothing is hosted or served in the US or used by US citizens)
There are important exceptions for some sex crimes. If it's a crime in the US then it doesn't matter if a man commits that crime abroad, he'll be arrested and brought back to the US and tried as if he had committed that offence in the US.
(England has similar laws too.)
Even if it happened in Sweden, between a Swedish citizen and an Australian, and it probably wasn't even a crime, and the "perpetrator" is in London.
Somehow out of the countries Sweden, The UK, The US, Australia, and Ecuador - only Ecuador seems to have a sane grasp on reality...
So unless you think all extradition should be avoided (and whatever you think about the Assange case, would you be happy if somebody who lived near you murdered your family, moved to a neighboring country and you were told "well we can't do anything any more"?), the case has been handled perfectly from the point of view of which countries should do what.
If you answer correctly, we will grant you access to the internet.
Looks like they don't want anything but "good american boys" entering the country.
You as an individual living in a far off land (Australia) can't be prosecuted in Australia for copying a copy you legally obtained in the US. There is no extradition that will allow for the US to come get you in Australia. So if you copied, and you never visited the US you would be Safe from prosecution. You would not be legal. (There is a difference)
If you were Amazon. You have locations in the US and Australia. You are an international entity. You can not distribute Gatsby in Australia, because you are violating the copyright of the country of the original copyright, and you have presence in that country.
So the author's headline is wrong. You aren't "Legal" you are just beyond prosecution.
This isn't to say that I think Gatsby shouldn't be public domain... Just that the author is wrong.
Then I read http://www.ip-watch.org/2012/03/15/more-foreigners-find-them... which let me know that you are right.
If the courts can identify some connection between the infringing act and the USA, then you can be sued by the USA. And the kinds of connections that have been deemed sufficient are pretty tenuous. For instance uploading to a website that - entirely unbeknown to you - automatically backs up to a US server suffices for US law to apply to you.
Still, going through every copyright jurisdiction might be a bit over the top. But reminding ourselves that it is possible in Australia and Canada are a bit of a few choices. Oh and; his third option doesn't really seem to be much value to me either; I know which jurisdiction I am subject to, just not its exact rules.
All countries except the USA apply a law that states that books enter the public domain a given number of years after the death of the author. In Europe, it is 70 years, in Canada 50, in Mexico 100. See http://en.wikipedia.org/wiki/List_of_countries_copyright_len...
What if I put my copy in Dropbox so I can read it on my phone/iPad? What's the legal status of the copy Dropbox have?
Dropbox say they encrypt my data when they store it on Amazon, what's the legal status of the encrypted copy on Amazon, and who'd be held responsible for that if it happens in a different jurisdiction to me and my original copy? What if Dropbox already has a copy and uses de-dupe to not bother storing my copy? What if I try-but-don't-end-up-uploading-thanks-to-dedup my legal-in-Australia copy from my laptop, then download a copy-of-something-I-never-uploaded to my iPad? What if that happened via WiFi sync instead of downloading the files from Dropbox/Amazon? Are the hashes of the files somehow "THE PROPERTY" of the author of the book they identify?
What If I'd dropped the Gatsby .mobi file into my BoxCryptor(EncFS) folder inside my Dropbox folder? Without my key, it's just random data that happens to be called "TheGreatGatsby.mobi". What if I'd saved in in a PGPDisk image stored in Dropbox - then it's just random data without even a questionable filename - it;s mathematically no different to /dev/random, somebody's encrypted pron collection, or wikileaks upcoming nations-state-embarrassing-drop.
What if I travel through the US with encrypted copies of Gatsby but don't decrypt them while I'm there? What if I "delete" any copies from devices I travel to the US with, but my OS leaves all the data on my disk and just removed the filesystem pointers? What if I did a dd bit-for-bit copy of that disk-with-deleted-but-still-recoverable copyright-in-the-US data? What if someone else who never knew the disk contained possibly-recoverable copyright encumbered data bit-for-bit copied the disk?
If the answers to the above depend on some status or location of the passwords or decryption keys, what are the further implications of that - does storing my keys/passwords in Dropbox put them and the encrypted data the protect into some particular jurisdiction? What if I store my 1Password encrypted password file on Dropbox? Does having my head cross the border into the US with the passwords/key inside it make a difference? Does it matter whether I'm carrying a device or memorycard/stick with the encrypted potentially copyrighted data on it, or does have the encryption key in my head to data stored "in the cloud" somehow matter?
Copyright law, at least as it's developed/evolved since Gutenberg, really wasn't written with the capabilities and edgecases of modern technology in mind. Judges are called upon to interpret century-old artistic-expression-as-a-physical-object copyright laws to modern sync and cache enabled technology much of which is considered obsolete withing half a decade - and they don't always have sane/sensible interpretations available to them. They've got an army of oblivious/self-entitled Game Of Thrones torrenting kiddies on one side, and an army of Prenda Law style vexatious litigants on the other.