Bonnier Media Ltd v Greg Lloyd Smith and Another

[Nicholas Bohm]

At 11:18 12/07/2002 +0100, Ken Brown wrote:
>Donald ramsbottom wrote:
> >
> > Below is a case on internet jurisdiction (Scottish) from the Times Law
> > report. As this subject came up a week or two ago it maybe of interest. As
> > ever ignore if you do not like law.
> >
> > Bonnier Media Ltd v Greg Lloyd Smith and Another
>
>So, if I read it correctly, the opinion of the Scottish court is that
>every court in the entire world has jurisdiction over websites, as long
>as the court itself can be persuaded that the website is of interest to
>people residing in its jurisdiction?
>
>That's actually quite good, as long as the courts refuse to enforce each
>others judgements, it means you have to answer to your local court
>wherever you happen to be, which makes a kind of sense. And of course
>quite bad if they do enforce each others judgements because you end up
>having to comply with all laws everywhere...

The trouble is that for quite some time the consensus has been that 
improving the ease of enforcement of foreign judgments is a Good Thing.  It 
has been implemented to a considerable degree within the EU and EEA, and 
there are enthusiasts for spreading it wider beavering away.  The US has on 
the whole kept clear, though Hollywood favours being able to enforce its 
judgments abroad and would be happy for everyone else in the US to pay the 
price of having foreign judgments enforced against them there.

Your point explains very clearly why the world-wide-enforcement movement is 
in fact a Bad Thing, given the exposures produced by use of the Web.


Regards

Nicholas

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