[LINK] Google Book Settlement update

[Steven Clark]

Kim Holburn wrote:
> Hi Linkers,
>
> I don't know if other linkers are in this position.
>
> I just got a notice of an update to Google Book search settlement.   
> It's going to take a long time to read and understand it all.
>   
Yes it is ... and good luck O.o
> I find it all a bit strange that a US court can settle issues that  
> involve published books in the US, the UK, Canada and Australia.
>   
It's not strange at all. AU courts can and do do the same: all that is 
needed is a 'connection' with the jurisdiction. And Google is certainly 
'connected' with the US Supreme Court's jurisdiction. Therefore, the 
USSC can hear and determine this matter - it's up to interested parties 
to make sure any applicable Australian law gets applied (and to make the 
argument that it be applied the way an Australian court would apply it, 
and to argue *how* an Australian court would go about applying any 
relevant Australian law).

Conflict of Laws, aka Private International Law: it's a doozy, and no 
mistake.

[Of course, the argument could be made that the Aussie bit really ought 
to be heard *here*, etc etc. And good luck with that, too.]

Law. It's just like every other game we come up with: has it's own 
rules, umpires, players, playing fields, equipment, and so on.

-- 
Steven R Clark, BSc(Hons) LLB/LP(Hons) /Flinders/, MACS, Barrister and 
Solicitor
PhD Candidate, School of Commerce, City West Campus, University of South 
Australia

/Finding a Balance between Privacy and National Security in Australia's 
ePassport System/
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