[pp.int.general] Resale rights and 2001/84/EC directive: obscenely enlarging material interests of authors

Reinier Bakels r.bakels at pr.unimaas.nl
Tue Dec 30 12:48:35 CET 2008


Well, apparently I can not convince Carlos, but I would urge all other pirates to be very careful in using human rigghts arguments, basically for the following reasons:
1. they are not always convicing
2. they may lead to arguments completely contrary to the PP political agenda.
Politics are not the place to try your skill in making intellectual arguments. Note that - even among lawyers who support the PP objectives - there is no doubt that (honestly!) some human rights arguments actually are in favour of stronger IP. A proper analysis requires a complicated legal theoretical account. Human rights are often conflicting, so it is essential to strike a balance. And that is really the argument NOT to accept "infinite" copyright. Complicated? Yes. And that is why I recommend not to use this route. We may be smart enough to master this complicated issue - but still the voters have to understand it too. 
 
In order to promote information freedom, I suggest to refer to information explicitly. Same for privacy. Simple, isn't it?
      
Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, Yoroshiku, Slán, Vinarliga, Kær Kvedja
>>> 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: Carlos Ayala Vargas 
  To: Pirate Parties International -- General Talk 
  Sent: Tuesday, December 30, 2008 10:57 AM
  Subject: Re: [pp.int.general] Resale rights and 2001/84/EC directive: obscenely enlarging material interests of authors


  Reinier Bakels wrote: 
    Again: beware of human rights! Authors and their representatives will claim human rights ad nauseam - and it is not plain nonse from a legal perspective. There is plenty of literature in that direction. 

  Again: in PIRATA we are not going to abandon human rights just because lobbies abuse them to make their claims. There is one proverb, "against the vice of demanding, there is the virtue of not conceding"; if lobbies lie -and they do lie, labels and RMOs- and try to manipulate by making twisted interpretations of human rights, it's our duty to deny such interpretations and offer right ones; if anyone makes claims without due support nor arguments, it doesn't matter if they make such arguments ad nauseam, we have to reject their claims ad libitum, calling them mendacis, dismissing their attempts to manipulate the facts by stating risum teneatis, amici?, and as many latin words and expression that you think may be needed -there are tons of them-.


                                                                                                    Carlos Ayala
                                                                                                    ( Aiarakoa )

                                                                               Partido Pirata National Board's Chairman



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