Text 7246, 75 rader
Skriven 2005-03-17 09:03:04 av Michiel van der Vlist (2:280/5555)
   Kommentar till text 7232 av Roy Witt (1:10/22)
Ärende: Swedish Raid on ISP Called Major Blow to Piracy
=======================================================
Hello Roy,

16 Mar 2005 15:13, Roy Witt wrote to Michiel van der Vlist:

 MvdV>>>>>> French law is NOT US law.
 RW>>>>> No shit. It really doesn't matter, as law is law and a lower
 RW>>>>> court ruling is always stayed until the parties involved file an
 RW>>>>> apeal or take the court ruling and abide by it.
 MvdV>>>> The 60 day appeal period is for the USA. Other countries may
 MvdV>>>> have different rules.

 RW>>> Ok, so there's a few days difference. There can still be an appeal
 RW>>> before the court order can be enforced.
 MvdV>> No, the court order can be enforced right after the ruling.

 RW> Only if it's the highest court in the land.

That may be the case in the USA. France is not the USA.

 RW>>>>> Or are you now saying that an apeal isn't allowed, even if there
 RW>>>>> is a higher court?

 MvdV>>>> That is indeed the case in some instances in some countries.
 MvdV>>>> Most European countries do not allow the higher courts to be
 MvdV>>>> flooded with appeals over trivial matters.

 RW>>> I see, so now copyright infringement is a trivial matter.

 MvdV>> Your words, not mine.

 RW> No, let's stick with this subject for a minute. You're advocating 
 RW> that copyright infringement is a trivial matter, and the courts
 RW> to be advocating that it isn't trivial.

I am not advocating anything. I am TELLING you that laws in some countries are
different from those in the USA. It may very well be that copyright
infringements do not qualify for appeal at the "court de cassation". 

 RW>>> Considering what they busted him with, there will be an appeal by
 RW>>> the MPA, count on it.

 MvdV>> Even if they know they will lose the appeal? Well mauybe they are
 MvdV>> that stupid.

 RW> Who do you think has more money to spend on these, errr,

The MPA of course. That does not mean they will win. European courts do not
automatically award the case to the party with the deepest pockets.

 RW> trivial matters in law?

Your words, not mine.

 RW> The MPA will exact justice in the amount the defendant has
 RW> to pay to defend himself in a court of law.

Only if they win the appeal. Which is not very likely.  You should understand
that in many Europaan countries the highest court does not work in the same way
as the US supreme court. In France - and in the Netherlands which has its legal
sysyem mostly taken after the French, the highest court - the "court de
cassation", "hof van cassatie" - does not completely review the case. They co
not condider new evidence or hear new witnesses. In fact they won't even
reconsider the old evidence or hear the old witnesses. They only look if the
lower court has made any errors in procedure and things like that. If they
don't find any  they will dismiss the appeal and let the lower court's ruling
stand.

Getting an acquittal reversed in cassation is rare and a sensible prosecutor
would not even try.


Cheers, Michiel

--- Msged 6.0.1
 * Origin: Woolum nastatium percolum hazip. (2:280/5555)