DJ_Izumi wrote:Or... That entire point is null because even if piracy is a criminal act in Japan, if the act occurs outside of Japan, the nation's criminal law has no bearing. Ya know, sovereign states and all that? Seriously, no nation extradites individuals to another nation, for an act that occured within it's own nation.
False. Have you been following the Julian Assange case? Assange and his lawyers are afraid if he gets extradited from Britain to Sweden, then he might be extradited from Sweden to the United States, because he has been indicted by a grand jury in the US in absentia, even though he wasn't present in the United States at the time of the supposed crime. According to Nicola Roxon, the Attorney General of his country of origin, Australia, if Assange were to return to Australia and the United States were to press for extradition, there are multi-lateral international agreements which would cover discussions. Roxon, as a representative for the Gillard Administration, makes it clear that Australia is very unhappy with the fact that it can't really prevent Britain from extraditing to Sweden and Sweden from extraditing to the United States if those two countries decide on extradition. I think from Roxon's comments that Assange would ultimately not be extradited for the same reasons the United States would not extradite my friend Bob from Texas to Japan, but that doesn't mean it can't happen and that there are not international laws in place which cover it. It can, and there are.
How do you think we get war criminals, or drug/weapons smugglers for crimes they commit in their own home countries?
For the same reason, if I murdered a bunch of Japanese tourists, I havn't violated a single Japanese law. I've violated the Canadian Criminal Code and I will face the Canadian criminal justice system. The Japanese government and it's laws have no say because it is something that occured in an entirely different sovereign state.
The Japanese have every right, based on the same sovereignty, to prosecute you in Japan and call for extradition from Canada. Canada would most likely (almost certainly) refuse to extradite you, but that doesn't mean Japan can't file the paperwork in Japan formally charging you in a Japanese court and demanding your extradition from Canada.
If you ever stepped into a country where Japan and that country have a very strong extradition agreement, no matter how it turned out in Canada, do not collect ¥20,0000, do not pass Go, go directly to Japanese jail.
Seriously guys. SERIOUSLY. Law, an important thing to understand, please try harder to understand it.
Are you seriously talking to me? I've taken many hours of law courses. I am not a lawyer, but I don't want to be, but government, including law, is my area of research. Much of that is international and immigration law, and I studied copyright law based on its intersection with "first amendment" or "freedom of expression" cases.
It's bad enough that earlier in this thread, people were talking as if plagiarism and copyright violation were somehow the same thing.
That wasn't what was said. What was said, and not by me, is they are equally ethically problematic. I, of course, don't agree. But I also don't agree what we do is
copyright infringement, and short of a majority of national supreme courts ruling that is is, I probably never will.