Solicitor Mark Hyland warned the Crime 2001 conference of the ambiguities and contradictions among international laws governing which courts have jurisdiction over Internet copyright cases.
By submitting your email address, you agree to receive emails regarding relevant topic offers from TechTarget and its partners. You can withdraw your consent at any time. Contact TechTarget at 275 Grove Street, Newton, MA.
The world's premier copyright convention, the Bern Convention, for instance, says that copyright law should "be governed exclusively by the law where protection is claimed".
But lawyers have interpreted this as either meaning the country where the material was illicitly copied, or where the copyright holder chooses to launch legal proceedings, which could be in a different country.
Digital material that companies may want to exploit could include confidential documents, designs, music, artwork and fiction.
Another element of confusion is introduced by the 1968 Brussels Convention. This aims to guide European countries on which jurisdiction applies in international civil disputes.
Article 5 (3) of the Brussels Convention says that a court in the country where a 'harmful event' occurred, could hear a case. But lawyers have argued that with copyright abuses, the harm is actually suffered in the home state of the victim, so it is in that country that a civil case should be launched.