The bottom line is that the laws have to apply to the country where the website is located because if the laws of every land were to be respected then the internet would fail to exist.
Think about it.
Afghanistan law (under the Taliban) states that women can not show skin. If the above decision by the courts didn't apply then all pictures of women on any site in the world would have to show women fully clothed up to their eyeballs because it is violating Afghanistan law, not to do so. And by nature of the internet anyone in Afghanistan could technically log into any U.S. based website provided they have internet access and know the URL.
Similarly I'm sure there are laws throughout the world that are violated some way or another by certain sites on the internet so technically they would all have to be shut down if the global laws applied rather than local laws.
It seems to me that the judgement definitely gives Jay some new life in his case. No doubt he's contacted his attorney about this ruling already [img]smile.gif[/img] .  |