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Comment by dogma1138

The DMCA does not magically apply extra territorially.

It’s applied through an established legal framework either through bilateral trade agreements or through WTO rules.

The majority of copyright enforcement outside of the US has nothing to do with the DMCA but rather copyright holders using local legal frameworks.

The problem with the GDPR is that it’s extraterritorial application as expected by the EU is also extrajudiciary.

I would have no problem with the EU seeking ways to expand GDPR through new legal frameworks which the people that would be impacted by these changes can actually control through their own political system.

What I have a problem with is the EU essentially forcing compliance through extortion and sooner rather than later it will employ the companies that the GDPR was in spirit intended to protect us from to enforce it.

I don’t see the EU being able to enforce the GDPR even internally without essentially deputizing the likes of Google, Amazon and PayPal to enforce it across all of their customers in order for them themselves to be compliant.

Even with the fines possible under the GDPR the EU can not enforce compliance by targeting 100,000’s of small companies without going essentially bankrupt. It can however effectively target the big ones and worse make it impossible to operate within the EU without using their “GDPR complaint” platforms.

The GDPR might be a great thing on paper and even in spirit but the uncertainty and the inability to enforce complex regulation on a mass of small entities would likely cause it’s real world repercussions to be quite different than from what was imagined or intended.

parent dogma1138 8 years ago

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