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313

Judge orders Anna’s Archive to delete scraped data; no one thinks it will comply (arstechnica.com)

submitted 3 days ago by schizoidman@lemmy.zip to c/technology@lemmy.world

27 comments fedilink hide all child comments

cross-posted from : https://lemmy.ca/post/58748253

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[–] FauxLiving@lemmy.world 16 points 2 days ago (1 children)

OK, so if I set up a lawsuit against OCLC in my country where they don’t reside, and they fail to show up to contest the charges, I get to claim they admitted guilt by default?

Assuming your country's laws are roughly based on British common law, yes.

Winning a case is easy. How you enforce the judgement is much harder.

This is why the speculation is that they will not comply. If the servers are not in reach of the US, the owners are not in a country that will extradite them, they don't store money in US banks and the US doesn't stupidly commit war crimes in order to capture them... then ignoring the court order is about as hard as you ignoring North Korean law.

[–] elmicha@feddit.org 5 points 2 days ago (3 children)

But the US can impose a few inconviniences on you:

"You lose immediate access to all the main credit cards that go through the Swift system, which is controlled by the U.S.," she said. "My Amazon and Google accounts were closed. You cannot pay for your utilities, your subscriptions. You're completely crippled when it comes to booking hotels, trains, flights. You can't buy dollars because your name is flagged.".

[–] infeeeee@lemmy.zip 11 points 2 days ago

Same link without google tracking: https://m.economictimes.com/news/international/us/google-gmail-amazon-accounts-closed-cant-book-hotels-trains-flights-cant-buy-dollars-how-donald-trumps-sanctions-have-made-lives-of-international-criminal-court-judges-hell/articleshow/126454613.cms

[–] SlurpingPus@lemmy.world 4 points 2 days ago (1 children)

Operators of pirate sites don't tend to publicize their identities.

[–] fort_burp@feddit.nl 4 points 2 days ago* (last edited 2 days ago) (1 children)

Yea, the defendants are

Anna's Archive, f/k/a

Pirate Library Mirror, et al.,

edit: but Alexandra Elbakyan does sci-hub under her own name and just ignores US courts, since Kazakhstan doesn't have an extradition treaty with the USA.

[–] frongt@lemmy.zip 4 points 2 days ago

If the US really wants to, they'll just come kidnap you.

[–] FauxLiving@lemmy.world 2 points 2 days ago

If the President chooses to sanction them, yes. A judge cannot impose that kind of sanction because they have limited jurisdiction.

The court can order you to pay, and it can order US banks to seize your money. But a US court cannot order France to seize your money.

Basically, judgements are a judicial function with a more limited scope and sanctions are akin to foreign policy but can extend as far as we are able to force/negotiate.