because it's easier that way.
1. USA courts dealing with non USA citizens.
First, let's agree that when you do business in a country you have to operate under its laws for that business. Same when you visit a country, you come under its laws. Can we agree on that, I think so.
a. The EU dealt with MS via its european subsiduaries or agents about how MS conducted business in europe. No action atken about how they did business outside of the EU jurisdiction. MS could have refused to have anything to do with the proceedings, but then they would have had to close down all their european operations and cease trading there. MS chose to abide by the EU courts.
b. The people arrested in Afghanistan, held in Gutanamo Bay (I hope I got that spelt right) are being tried under USA military courts. They were not on USA soil when arrested, the USA courts have had a number of court cases about this. Nothing concerning these people should be happening in the USA. They should have been tried by the Afghanistan government uner the Afghanistan laws, that was where they were arrested. If the Afghanistan govt wanted to duck out from under on this, then the prisoners should have been handed to the International Courst for trial.
c. A few years back the USA govt started legal action under USA laws against a person in Europe, Russia I think it was, because he wrote and released a piece of code into Russian based Internet servers and this code maliciously propogated into the USA. None of the fellow's actions took place in the USA, but they still want to put him before USA courst to be dealt with under USA laws. I do NOT condone what he did, but he should be dealt with in Russia under Russian laws.
d. I recently saw a media report about someone in the USA suing, under USA law, a European based spam filtering company for loss of trade as the spam filtering company black listed them for spamming, and thus the USA mails are filtered out by the spam filter. Thus costing them potential sales. All the action taken by the respondent were done in Europe under European laws, and the USA people found that the european courts would not accept that they had a case to take to court. That didn't stop the USA people getting it before a USA court.
2. The Difference between economic expansionism and free market.
A free market is where the buyers and sellers have the right to make their choices with minimal government internvention. Such intervention should only be for safety and to prohibit criminal type trade.
Many comapnies trade around the world, and do so in an honest manner, placing their products on the market in fair trade against the other products available in that market. Toyota do so, as do McDonalds and Pizza Hut. They do so under the laws of the country in which they are trading, and make no effort to have the government change those laws to give them an unfair advantage over others.
When governments establish trade agreements, one of the outcomes is a market shared between the two countries. With a fair trade agreement, the companies from both countries have equal opportunity in the markets of both countries and operate on the same playing field within a country. Thus an agreement between Australia and the USA should result in Australian companies having the same USA market access, opportunities and support as USA based companies, and operate under USA laws.
Economic expansionism is where one government uses its political or economic muscle to pressure another country into giving the first country's businesses an unfair advantage in the shared market. One way of doing this is to pressure the country to change its laws to suit what the first country want.
A few years ago there were major difficulties with a set of trade agreements between Australia and the USA, some of the terms being insisted upon by the USA government included major changes to the Australian laws on copyright, to match the USA laws, despite the Australian laws being recognised as the best in the world. Another aspect was the USA wanted the Aust govt to remove all subsidies to Aust producers and to reduce tariff against USA products. Yet when the Aust govt wanted the USA to remove all USA producer subsidies, the USA govt objected. The trade agreement got stonewalled for sometime. During that time, various USA govt organisations went out of their way to find problems with Australian exports to the USA and interfere with trade as much as possible. It took some months for the USA govt to realise that we would not accept the USA terms as were. The final agreement, after many months of heated arguement, was to leave our laws alone, and that we would remove subsidies for all industries that the USA removed subsidies, ditto with the tariffs.
That did not stop the USA govt, trying to enforce the original terms on other coutnries in the next set of trade negotiations with them. Government trade negotiations should not be used to pressure countries to change their laws, or to give your companies an advantage over the locals. But the USA govt has been doing that for several years now.
BTW we have many jobs going offshore as well. Part of the general free market.
When the changes to the USA media copyright acts came in, there were many USA articles about how many politicians, in both houses and both parties, where being wooed by RIAA and how much RIAA was pouring into political coffers to get support for the changes. One article I read went so far as to say "The following congress and senate members have been bought by RIAA" and listed some.
I believe that performers should get paid for their work and support proper copyright laws. But once I have bought a legitimate copy of the material, I should be free to enjoy it in a manner that best suits me, and allows me to keep enjoying it for as long as I want. Under the laws here, I can buy a legal copy, make a recording, store the original and play the recording until it wears out, then make a new copy from the original. I bought the right to enjoy the material, and retain that right whilst I retain the legal copy.
BTW I've not bought a first release CD or DVD since this issue first raised its head in 1998/9. I wait until they come out as compilations or go on sale for $5 to $8 for a CD, $8 to $15 for a DVD. I don't accept pirate copies either, I don't believe in it.