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Now while there is an international convention covering copyright issues, I think that extraditing someone to the USA in this situation might set a very worrying precedent.

The reason I worry is that, although in this case the offending was a breach of both Australian and US copyright laws, there are many instances where Australasian and US copyright laws are at odds. What happens when a US court wants to extradite a Kiwi to face prosecution in the USA when they've done nothing illegal according to our own laws and may never have even left the country?

A good example of this relates to the life of copyright protection.

Here in NZ, copyright protection on music and films lasts just 50 years but in the USA this period has been extended, primarily as a result of lobbying by Disney who didn't want its intellectual property rights eroded by the passage of time.

This is going to make for some interesting times -- because right now, any music recording released in 1953 or earlier is, at least as I understand it, now in the public domain.

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Want a copy of some of Elvis's early recordings? Not a problem -- just burn them to a CD and away you go, no laws broken -- in New Zealand at least.

Likewise, want some video of early Mickey Mouse cartoons? It would appear that in New Zealand you can burn and distribute as many copies of pre-1953 releases with impunity.

However, Uncle Sam will doubtless be spitting tacks if you do this -- so how do we know, in the wake of the latest extradition ruling, that anyone who does legally (under NZ law) distribute old films or recordings won't be grabbed by the scruff of the collar and hauled off to sit before a US court?

Maybe some legal-eagle more versed in the fine detail of these laws and what constitutes fair grounds for extradition can enlighten us as to the true risks involved?

It would sure be nice to know ahead of time, right?

Lighten Up
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