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Re: Bug#223961: libdvdread3: makes download of possibly illegal libdvdcss too easy



On Tue, 16 Dec 2003, Sergey Spiridonov wrote:
> General question: is it true, that if distribution of the package XXX is
> illegal in the country YYY, but legal in ZZZ, Debian will not include
> XXX?
> 
> Shouldn't it be better (in theory), that if package XXX will be excluded from
> servers in country YYY, but still be available on server in ZZZ?

Unfortunatly, I'm not sure that we are exempt from prosecution in the
cases where YYY=US, as SPI (and therefore Debian) is primarily an US
entity. [I haven't looked up case law on this one though, so feel free
to cases opposing my understanding.]

The conservative approach is clearly to comply with US law, and the
law of the locality where the servers are located.

However, if a package was illegal to distribute in a country where
YYY!=US, and no members of Debian were involved in that package's
distribution who were in YYY, it should be ok to distribute in ZZZ.
[But that should probably be up to the mirror administrators, and
those files should almost certainly not be part of the standard
distribution (at least in the case where YYY is a country where major
mirrors are located.)] Furthermore, I'd be surpised if you were unable
to find a country YYY that felt that its jurisdiction covered acts in
other countries contrary to its own laws... so this might need to be
looked at on a country by country basis.


Don Armstrong

-- 
This can't be happening to me. I've got tenure.
 -- James Hynes _Publish and Perish_

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu

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