Cross border complications caused by the development of cyberspace. Analysing the Territoriality principle, using the criminal proceedings against Donner and the Yahoo! Inc.cases

      Аннотация: International law online to date has been sporadic and misrepresented by States, in their pursuit to manipulate situations to their advantage. As demonstrated by the case outlining the Criminal Proceedings against Donner , there are serious complications when a State attempts to protect their own copyright interests from foreign nationals online. Due to the nature of the internet and its speed in development, there has been little time to develop a proper method of combating the criminal implications of cyberspace; be it through international treaties or through national rules of jurisdiction. However similarly it should be stressed that the premise not disputed within this book is that if a reasonable man targets his goods at the German population, then it is not unreasonable to assume he is subject to German laws. This book will address the complications faced by States in enforcing their public law against foreign nationals, evaluate the tests currently used in cross jurisdictional circumstances and concluding whether the international community needs to work together in order to create a distinct space, in which alternative rules of jurisdiction apply.

Ключевые слова: Copyright, cyberspace, jurisdiction, Effects Test, Zippo Test