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by mdc 5074 days ago
Right. huhtenberg's analogy was flawed. His analogy to selling liquor only works if you remote-access a computer in Sweden and then buy Minecraft from that computer. Then when you copy Minecraft from the remote to your home system, you're the importer. If you buy from a US-based computer then it's Mojang acting as an importer to the US.

The liquor analogy would be if you ordered a bottle of liquor to be shipped to the US and the liquor store would be expected to comply with US import rules.
1 comments
huhtenberg 5074 days ago
Neither your nor my interpretation of an online purchase is a correct one. An online purchase from a computer in one country at a web server in another can be treated as both an import (by a purchaser) and an export (by a seller). But since a sale is typically solicited by a purchaser (it's driven by those who purchase), I'd say it's an import rather than an export.

> liquor to be shipped to the US and the liquor store would be expected to comply with US import rules

It may want to comply with the rules, because the parcel will bounce at customs, but if there are no export restrictions, it has no other reason not to send a bottle into the US.

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mdc 5074 days ago
>it has no other reason not to send a bottle into the US

Except to serve it's customer, because if it doesn't meet import requirements then the customer's package will never arrive. I understand it may not be legally obligated so there's no repercussion except the shipment being confiscated, but it's in business to serve customers.

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rprasad 5074 days ago
Generally under international law, a consumer cannot be the "importer" of record because there are all sorts of fun obligations that come with being an "importer".

Carrying stuff you bought on an overseas trip through customs is not "importation" for legal purposes.

Also, export restrictions are different from import laws. Export laws are applied by the seller's country. The buyer does not have to comply with export laws. Import laws are applied by the buyer's country. Both the buyer and seller must comply with import laws unless the buyer is an "importer of record" in which case only the buyer must comply with import laws.

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