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|#25 - Where she works to feed her kids... [+] (1 new reply)||02/19/2014 on The Sand Cat||+5|
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|#53 - Two things: 1. US Penal code does come into effect du… [+] (7 new replies)||01/08/2014 on Co-founder of Piratebay||0|
#71 - thegamegestapo (01/09/2014) [-]
1. The "crime" itself did not occur in International waters so individual nations can't just claim jurisdiction, the accused and the servers used to commit the action were not in US territory and no US currency was exchanged so the fact that these companies are based in the USA is irrelevant.
2. ACTA is in violation of the European Human Rights Act and therefore isn't actually legally valid. It's under appeal but unless the judge is a moron it should be repealed.
In short, all your files are belong to us.
#75 - damping (01/09/2014) [-]
For number 2 you can't use hypothetical to shoot down an argument therefore you did not prove him wrong in the slightest. At this point in time and at the point in time when he was caught, his actions were illegal and he is being punished appropriately.
You did not win this argument in the slightest.
#76 - thegamegestapo (01/09/2014) [-]
Basically Brussels signs the treaty and countries start implementing it, even though it's not actually legally valid. When a charge is brought forward then the defendant can use the legal defence that the treaty isn't legally valid, it then goes through the court of appeals, and if the treaty is found to be valid then it becomes customary law as well as a treaty and claiming illegitimacy of the treaty is no longer an option ( unless an appeal is made to a higher court, but that's different ). If the treaty is found to be not legally valid then it was never law in the first place and charges must be dropped.
ACTA is in force but not legal meaning that when it is repealed (which under EU law it must be as it is in direct violation of multiple articles of the Human Rights Convention which overrules trade law) no crime can be said to have committed.
That not hypothetical, it's just the Court of Appeals is already swamped and it usually takes a few years to sort out even something so clear cut as this.
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