[pp.int.general] where is the manifesto?

Reinier Bakels r.bakels at planet.nl
Tue Dec 23 12:44:27 CET 2008


Thanks! 
If it is not final, does that mean that there is still an opportunity to propose changes? (Sorry, I really had no time to do that earlier).

It seems to me that the human rights section is very long and adds very little. There is in Europe a good system of human rights provided by the ECHR, and in several countries there is an additional level of protection by constitutional courts. Imho the PP should focus on the information freedom (art. 10 ECHR), and its application in particular. It is the application that matters.

After the section on human rights, there is a sharp break, when the manifesto dives into the individual "intellectual property" systems. I believe it suffers from some important flaws. Rather than advocating abolishment, I would suggest to focus on the lack of balancing of interests, and the opaque, corrupt decision making process, in particular at the EU level.

And there are some basic mistakes. There is no point in saying that autor's rights and patents are no "property rights". The essence is to focus on the limitations of substance and contents. But a decent society respects property rights, whenever and to the extent they are established. It is a human right!

Trademark law is not as innocent as it may seem. Recently an eBay attorney told me that trademark owners complained (and threatened with law suits!) against people who offered second hand articles on the Internet using the brand name. Because there is no WW exhaustion of trademarks, it is illegal (without consent of the trademark owner) to offer US goods in the EU using their brand names. Which is totally counterintuitive (in particular if and when any trademark infringement is considered a serious crime - as the EU intends.) Well, the manufacturere will probably argue that it is not in its interest to facilitate the second hand trade in its products, in particuar in case of luxury goods! At the same time, the (fundamental!) property right of the owner is affected, if he can not exercise his property right and assign the property to some else.            
 
Rick Falckvinge learned me that a political document should attract voters, rather than focussing on legal correctness. Still I feel that it serves a point to anticipate some (reasonable) objections. I think eventually that strenthens rather than weakens the argument.

  ----- Original Message ----- 
  From: David Arcos 
  To: Pirate Parties International -- General Talk 
  Sent: Tuesday, December 23, 2008 11:18 AM
  Subject: Re: [pp.int.general] where is the manifesto?


  Hi,

  there is not "final version" yet, but "second draft":
  http://int.piratenpartei.de/Pirate_Manifesto_Second_Draft

  Take a look at the category to see related stuff:
  http://int.piratenpartei.de/Category:Pirate_Manifesto



  On Tue, Dec 23, 2008 at 9:05 AM, Reinier Bakels <r.bakels at planet.nl> wrote:

    For some time, I did not have time to follow the PPI whereabouts.

    Where can I find the (final version of the) Manifesto?

    reinier ____________________________________________________
    Pirate Parties International - General Talk
    pp.international.general at lists.pirateweb.net
    http://lists.pirateweb.net/mailman/listinfo/pp.international.general





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