[pp.int.general] where is the manifesto?
r.bakels at pr.unimaas.nl
Sun Dec 28 22:07:14 CET 2008
>> No. Actually the analogy helps to clarify my point. Assume someone
>> gets a licence from the city of Berlin (where I am currently) to
>> operate a bar in street X house number Y for the coming 10 years. Then
>> this gentlemen starts making investments - he has the right for this
>> address, so he believes he can be sure the investment is protected.
>> Imagine that the city council after two years says: we have made up
>> our mind, and we discontinue your licence. Not because we have any
>> complaints, but because we simply decided to do so. THAT is not
>> allowed, at least not without due compensation.
> This was actually the exact argument used against the abolition of
> Slavery was abolished anyway, as it was considered a violation of human
> rights and not in society's best interest.
Well, I tried to make a serious comment on the line between realistic and
utopical options. Feel free to ask another lawyer for a second opinion.
Besides, I wonder what human right is affected by copyright in particular.
Yes, there is a tension with the freedom of information. Note that human
rights are never absolute, because there are always conflicts. The ECHR
explictly caters for conflicts and exceptions. The property rights provision
allows exceptions too "The preceding provisions shall not, however, in any
way impair the right of a State to enforce such laws as it deems necessary
to control the use of property in accordance with the general interest or to
secure the payment of taxes or other contributions or penalties.". Well,
perhaps this is an inteesting test case. But I still don't believe this is
an eassy route. But if ylu believe it is worth to try ...
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