Text 7296, 75 rader
Skriven 2005-03-17 09:28:04 av Roy Witt (1:10/22)
   Kommentar till text 7246 av Michiel van der Vlist (2:280/5555)
Ärende: Swedish Raid on ISP Called Major Blow to Piracy
=======================================================
Hello Michiel.

17 Mar 33 09:03, you wrote to me:

 RW>>>> Ok, so there's a few days difference. There can still be an
 RW>>>> appeal before the court order can be enforced.
 MvdV>>> No, the court order can be enforced right after the ruling.
 RW>> Only if it's the highest court in the land.
 MvdV> That may be the case in the USA. France is not the USA.

It doesn't matter where the court is. No lower court ruling is
enforceable until appeals to higher courts run out.

 RW>>>>>> Or are you now saying that an apeal isn't allowed, even if
 RW>>>>>> there is a higher court?
 MvdV>>>>> That is indeed the case in some instances in some countries.
 MvdV>>>>> Most European countries do not allow the higher courts to be
 MvdV>>>>> flooded with appeals over trivial matters.
 RW>>>> I see, so now copyright infringement is a trivial matter.
 MvdV>>> Your words, not mine.
 RW>> No, let's stick with this subject for a minute. You're advocating
 RW>> that copyright infringement is a trivial matter, and the courts
 RW>> to be advocating that it isn't trivial.

 MvdV> I am not advocating anything. I am TELLING you that laws in some

Advocating
Function: transitive verb
Inflected Form(s): -catúed; -catúing
: to plead in favor of

This is a discussion, not a one way conversation.

 MvdV> countries are different from those in the USA. It may very well
 MvdV> be that copyright infringements do not qualify for appeal at the
 MvdV> "court de cassation".

What's a court of annulment?

 RW>>>> Considering what they busted him with, there will be an appeal
 RW>>>> by the MPA, count on it.
 MvdV>>> Even if they know they will lose the appeal? Well mauybe they
 MvdV>>> are that stupid.
 RW>> Who do you think has more money to spend on these, errr,

 MvdV> The MPA of course. That does not mean they will win.

The defendant in this case will definately be the loser in any event.

 MvdV> European courts do not automatically award the case to the party
 MvdV> with the deepest pockets.

The MPA pays a team of lawyers, whether they're engaged in a court case
or sitting around sipping coffee. The MPA is out nothing but court
costs, while the defendant is spending money he may not have to defend
himself. It could be that the MPA doesn't care if they win or lose, so
long as they exact high costs on the defendant.

Get it now?

 RW>> trivial matters in law?
 MvdV> Your words, not mine.

That figures. Your morals are as low as Felten's.

 RW>> The MPA will exact justice in the amount the defendant has
 RW>> to pay to defend himself in a court of law.

 MvdV> Only if they win the appeal. Which is not very likely.

See above.


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