Quote:
Originally Posted by gideongallery
there is a huge difference between the two
in the case of obscenity charges the transaction does happen between those two points
the only transaction you are being prosecuted for is the one that falls within that jurisdiction
in the copyright case, they are arguing you deserve more then just actual lost sale damage, because your DISTRIBUTING to all the other states
it would only be equal if they took all your sales world wide, and charged you with 1 count of obscenity for every single sale, because you made 1 sale in a conservative jurisdiction.
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I didn't read it that way, but I guess it is open to interpretation. The way I read it the lawyer wants to say, "if the guy connected to the swarm and there is a seeder in Pittsburgh we can charge him in Pittsburgh." Whereas the normal idea is that you have to charge the guy where he lives.
If the lawyers wins his point he would be able to file suits that would be even more difficult to defend yourself against. If the choice was to pay $500 to settle or be forced to appear in some city on the other side of the country to defend yourself you would likely just settle because it would be cheaper than traveling there.
With obscenity it has been said that technically your site is distributing to every place that can access it. So in theory they could prosecute you in Florida and then in Utah and then in Texas etc. Typically these cases are either brought on by local authorities who prosecute in their jurisdiction or by the feds who choose the jurisdiction that will best suit them.