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Domain: hcch.net

Stories and comments across the archive that link to hcch.net.

Comments · 6

  1. Re:customer-centric by Anonymous Coward · · Score: 0 · on Microsoft Defies Court Order, Will Not Give Emails To US Government

    The problem is not that a US judge is asking the US company to comply with US laws.

    The prosecution & the judge are bypassing international treaties which have established a procedure to follow when serving a subpena for evidence in another country, under the Hague convention.

    From: http://www.nals.org/?p=480
    And: http://www.hcch.net/index_en.p...

  2. Re:Comment on the German system from a German by akb · · Score: 2 · on Killustrator Author Required to Pay Two Grand

    This is exactly the kind of legal situation that makes the Hague Convention on Foreign Judgements so scary, as it would extend this to the 50 some member countries. This is why the Consumer Project on Technology and RMS are working to oppose the convention.

  3. Re:Before you laugh... by darkwhite · · Score: 1 · on More on the Hague Convention
    it obligates US-based ISPs to be content police for every jursidiction on earth, which is clearly ridiculous

    Not every jurisdiction on earth... just the jurisdictions of the countries that are members of the Hague Convention.

    By the way, the list of members is here. Since I'm Russian by descent, I was interested to see that Russia is not on that list. From what my scarce knowledge is, though, Chinese laws regarding free speech and stuff are far less freedom-oriented than Russian ones...

    As for the ISPs... I think I would be stating the obvious in saying that some ISPs have already tried to police their users' content on their own.

  4. U.S. freedoms protected by Article 29(f) by JPMH · · Score: 2 · on Harm From The Hague
    The current draft text of the treaty (Oct 1999) is at http://www.hcch.net/e/conventions/draft36e.html (The aim of the current negotiations is a new, revised draft to put before the politicians).

    Article 29(f) excludes 'recognition or enforcement [that] would be manifestly incompatible with the public policy of the State addressed.'

    Such "public policy" would clearly include First Amendment rights in the USA, as explained in this set of answers from the cousel to the US negotiators to questions from James Love.

    Similarly, UK judges would be /very/ unlikely to enforce US imposed damages for business-method patents.

    While there are some major issues for the negotiators to iron out (see eg this week's Economist article, no longer free online; and James Love's What You Should Know guide), the whole process should still lead to something consumers can welcome -- as reflected in the opening paragraphs of this resolution from a conference of EU and US consumer groups.

  5. Re:Disclaimers, EULA, & Legality by akb · · Score: 2 · on Harm From The Hague

    So do I have to put a click-through EULA on all my sites, stating that only US/EU citizens may view them without waiving their rights to sue me?

    Wouldn't protect you from French/German anti-nazi laws (remember the Yahoo France case?), bad software patents, kangaroo ADR courts, click thru agreements that make you give up many rights you might like to have, etc.

    There are 49 members of the Hague Convention, Burkino Faso isn't one of them.

  6. Re:How can they regulate? by akb · · Score: 1 · on French Judge Demands Yahoo Censor Auctions
    Other posters have commented that Yahoo! will obey the French court's order to protect other interests it might have in France. Considering this case in light of the negotiations being conducted under the auspices of the Hague Convention on Jurisdiction, the French court would have the ability to have a US court enforce its decision.

    This convention will have very profound impact on the 'net (and ecommerce in particular), as jurisdictional matters on the 'net are such a tossup. For more info see the Consumer Project on Technology's page on the Hague Convention.