Legal Question in Intellectual Property in California
Does US Anti-Piracy law apply to other countries, such as Canada, Sweden, etc.?
If not, why has the MegaUpload site, a Hong-Kong based company, been shut down by US FBI?
1 Answer from Attorneys
Laws of the United States apply only to places that are under U.S. jurisdiction. However, the U.S. Federal Bureau of Investigation can act cooperatively with international and foreign law enforcement to shut down activities and operations that violate the laws of any nation (perhaps limited to laws of nations having certain treaties in place with us). Further, the place where a company is headquartered or incorporated or based does not define where it is breaking the law. A Hong Kong based company can violate the laws of the United States in the U.S.; it can violate french law in France, and so on, each time subjecting itself to enforcement activity by that nation's police or cooperative action under various treaties.
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