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

[Reinier Bakels]

i think most of what you say is correct. note that the protection of 
property is such a basic principle for over two centuries since the french 
revolution that it exists just about everywhere. even in communist states, i 
have been told - with the exception of production means.

pirates and (properly educated, non-biased) lawyers agree that "intelectual 
property" is a misnomer. well, realistically every major law firm has an 
"intellectual property" department. the danger is however that this generic 
concept, created for mere convenience, risks to become a *legal* concept - 
the european commission recently fell prey to that mistake (probably because 
of deliberate dis-information from lobbyists!)in IPRED1 and IPRED2 
(enforcement directives).

but (a) copyright, a patent etc. are "property" in the sense of art. 14 GG 
and art. 1 first protocol to the ECHR. to be more precise: the specific 
rights associated with A copyright or A patent (these are "instances", to 
speak in OO programming terminology). Unlike "intellectual property", 
"property" is an established legal concent. Are you German or do you 
understand German? The proper term in German is "Vermögensrechte". Which - 
unlike the English term - does not remind of "geistiges Eigentum".

and you are right that the german constitution requires the owner of 
property to respect social interests (sozialbindung des eigentums), but i am 
not sure wher that really means something.

re discrimination by a change of law: there you make a common mistake. the 
legislator is allowed to change the law (within constitutional limits) - for 
NEW cases. even politicians (presumably deliberately!) make the mistake.

the ban of retroactively introducing crimes is also a general principle. the 
echr makes an exception however for - in short - war crimes and other 
humanitarian crimes. this should solve the problem of war criminals (from 
3rd reich to ddr to ruanda) who do "nothing" against the law of their 
states. but i do not think that is has much to do with the present issue.

Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, 
Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, 
Yoroshiku, Slán, Vinarliga, Kær Kveðja
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands 
telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 
7221
----- Original Message ----- 
From: "Helmut Pozimski" <mailinglist at pozimski.eu>
To: <pp.international.general at lists.pirateweb.net>
Sent: Thursday, December 25, 2008 8:08 PM
Subject: Re: [pp.int.general] where is the manifesto?


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