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Comment Re:What is the EFF defending? (Score 3, Insightful) 217

Your first point isn't relevant to anything at all, because taking pictures doesn't constitute infringment. Publishing those pictures constitutes infringement under French law, but the pictures weren't distributed in France, they were distributed on the Internet by an American company. Under those conditions, French law is only applicable under the terms of comity. International copyright treaties like the Berne Convention don't even give protected status to fashions, so publication of the images in this case is only infringement if you argue that the Internet as a whole is subject to the regulatory practices of every nation simeltaneously.

By enforcing a foreign intellectual property law on content hosted and distributed by an American server, the court would essentially be creating a legal precedent that would allow other countries to enforce other kinds of laws on American servers. Doing so would fundamentally alter the definitive nature of comity. Are you arguing that only intellectual property laws should be enforced this way, but not other laws regarding content regulation?

I didn't twist your point, I just addressed implications that you obviously never considered.

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