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

Eric swive at getnet.com
Tue Nov 27 17:08:54 PST 2001

> I don't think the issue is over the "court" having jurisdiction,
> but if the
> US government (or any part of it) has jurisdiction

Jurisdiction is the authority to render judgment.  The "government" is not
rendering judgement here, but the court is.  Hence, courts have jurisdiction
in this context, not governments.  What governments sometimes do, however,
is apply their laws extraterritorially, and that is possibly what this case
is about ("possibly" because this case is fact-dependent).

> 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.

If extraterritoriality is conceptually distinct from jurisdiction, then is
it relevant whether a criminal or civil statute is cited for that point?

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

Did you even read the case I cited before you shot off an e-mail?  Who's
right as to the conceptual point; you are Justice Scalia?

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