[free-sklyarov] RE:Sklyarov lawyers will challenge DMCA, jurisdiction

Will Janoschka wiljan at pobox.com
Tue Nov 27 10:16:01 PST 2001

 On Mon, 26 Nov 2001 18:30:34 "Eric" <swive at getnet.com> said
> To be pedantic, the case is not about jurisdiction, and should not be
> phrased that way: whether a court has federal subject matter jurisdiction
> over a case or controversy depends on whether there are any nonfrivolous
> claims under 28 U.S.C. ? 1331.
I don't think the issue is over the "court" having jurisdiction, but if the
US government (or any part of it) has jurisdiction over what a foreign 
national does in his own country, without a treaty covering the issue.

BTW, 28 U.S.C. 1331 covers civil cases only, this is a criminal case.        
       18 U.S.C. 3042 covers only US nationals in foreign countries.

> The case is about extraterritoriality: that is, whether a law (i.e., the
> DMCA) applies outside U.S. territory.

That is correct.  "Extraterritorial" is a matter of jurisdiction however.

IANAL                           -will-

------Meddle not in affairs of dragons,
 Thou art crunchy and taste good with ketchup.

More information about the Free-sklyarov mailing list