Thursday, August 04, 2005

Torrent Tracker Dodges Whiners responds to various written threats including this response:

"As you might know American law is NOT applicable in Sweden. Even though USA seems to think, from time to time, that there is only one law, just as there is only on god. In your own law your courts claim only jurisdiction (under the "long arm statutes") over non-state residence only in certain cases. Namely when the "defendant" has minimum contacts in the state where the suit was initiated. In the case Asahi Metal industries Co., Ltd v. Superior court of CA the U.S. Supreme court ruled that such "contacts" did not exist since the defendant had no offices, no agents, no employees or property and so on. Much like our case. The only thing connecting us with the US is the fact that our torrents are accessible worldwide. Not being an expert on American law (we have something in common. Isn't it fun how people from all over the world are connected through our own ignorance?) we still are of the opinion that there is no, excuse the language, chance in HELL that you will be able to initiate a suit in an US court against our us and have us summoned to the US.

That means that such a suit will have to be initiated in Sweden, under Swedish law. As to this date Swedish law does not forbid the activities relating to having bitorrent-tracker. Nor does any Swedish precedent exist that forbids it. We are confident in our assessment that our activities are perfectly legal and they will continue until such a time that the Swedish lawmaker changes the law.

It might be hard for you to get what I'm about to say through your thick John Wayne foreheads, so bear with me. The tracker provides the user only with .torrent files which contain no copyrighted data. The actual copyrighted material is to be found on the individual machines of our users, not on our servers. "

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