May. 11th, 2007

reverancepavane: (Alchemy)
Australian gaming fans might be interested to learn that Military Simulations is about to have another of its online sales (and this time I didn't put a large order in just the week before). From next week there will be up to 20% off all roleplaying and board games. Full details on their website. Disclaimer: I am not affiliated with them in any way, except by being a customer of theirs since the mid-70's. This is a courtesy announcement (especially since I tend to forget about these sales myself).
reverancepavane: (Eris)
I'd been expecting [livejournal.com profile] maelorin to comment on this article for a number of days now.

http://www.theage.com.au/news/technology/aussie-pirate-extradited/2007/05/06/1178390182639.html

The problem, as I see it, is not, as most people seem to be arguing on one side or the other, the crime of software piracy, but rather the matter of national sovereignty and the court that has jurisdiction of the case. To my, admittedly non-lawyer sensibilities, any alleged crime was commited within Australia and therefore the Australian courts have the jurisdiction of the case and it must be tried under Australian law. [1]

If Australian law is insufficient to achieve the ends of the government then the government must attempt to change the law with regard to future cases of this type, by setting new laws, as they are legally empowered to do.

This seems to set a dangerous precedent that Australian law is actually subservient to US law, which is an abolition of national sovereignty. [2]

To carry the example one step further, it sets a precedent that the US government can extradite any citizen of Australia for breaking an American law. Since a government has been given the responsibility to enforce it's laws, I soon expect to hear that the US government will attempt to extradite the Prime Minister for the crime of "driving on the wrong side of the road." This shows the ridiculous nature of the assertion.

If the situation was reversed, I can assure you that the US State Department would laugh it's face off at the attempt to extradite one of their citizens for trial. They have a strong history for resisting the attempts of foreign sovereignties to try their citizens for any reason whatsoever, even if the alleged crime was committed within that other sovereignty.

[1] Civil torts on the other hand can have a court of jurisdiction specified within the contract. You'll notice this in most EULAs, usually with the court of jurisdiction (currently) being Israel (because Israel has some of the friendliest anti-piracy legislation). However this is a civil case over the contract that exists between yourself (when you hit that "I accept the terms of this contract" button), and the producers of the software. Even if a civil liability is granted against the offender, no criminal liability attaches as a result of that judgement.

[2] I wonder if it is possible to be able to bring a treason charge against Senator Ellison for this reason. [Unfortuneately any attempt to do so would fail the "laugh test." (if the statement of the case makes a distinguished lawyer or judge laugh out loud then it's probably not worthwhile proceeding with it.]

reverancepavane: (SnakePlane)
I quite liked Star Cops when I first saw it. A decent attempt to make a near future police drama set in near-earth orbit (although it later moved to the Moon) on a budget. Later I learned that there had been certain creative differences between Chris Boucher (the writer) and the director and BBC management. However it was only when I listened to Chris' commentary on the DVD that I really truly appreciated how deep the divide was, and how far the script was perverted by the production team. How all the intricate little details were ignored or changed so they didn't really make sense. It makes me rather sad that we never actually got to see the show as it was meant to be.

It's also rather depressing and sad to hear someone lamenting the death of his child.

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Ian Borchardt

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