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Reinier Bakels wrote:<br>
<blockquote cite="mid:6442E39470CE484C9487D151193DBEA6@RBB2008"
type="cite"> The essence is that one can not take away a right from
someone that represents a (monetary) value (well, there are exceptions,
such as taxes and fines, see art. 1 of the first protocol to the ECHR).
And I repeat: the European Court of Human Rights can enforce the ECHR.
All Council of Europe member states participate, even Russia. Only
Belarus does not participate - perhaps you could cooperate with
president Lukachenko?
<br>
</blockquote>
:)<br>
<br>
<b>Anyone who</b>, while agreeing with UDHR, <b>doesn't agree with ECHR</b>
-though <b>would be</b> <b>observing it until and while modifying it</b>-,
<b>would be compared by you to Lukachenko</b>? I don't have exactly
that part of ECHR in mind, however, in former mails I stated that in
PIRATA we disagree with some formulas of ECHR, so I'm worried with your
peculiar comparisons ...<br>
<br>
.... or maybe you find ECHR untouchable -yes, I agree with you that
human rights are sort of <i>handle with care</i> things; however, I'm
not talking about modifying UDHR, but about modifying ECHR (it's pretty
safer)-.<br>
<blockquote cite="mid:6442E39470CE484C9487D151193DBEA6@RBB2008"
type="cite">Well, a right that is non-transferable and non licenceable
would perhaps meet the requirements not to be considered as a property
right. The moral right associated with a (European) authors right is
that kind of right. So indeed moral rights could be abolished without
problems withe the protection of property (in the above sense). But I
believe, if any aspect of author's right shoulod be preserved, it is
the moral right.<br>
</blockquote>
About whether you consider material author's rights as property rights
I've asked you in another mail, you don't need to answer me about this
in this mail :)<br>
<blockquote cite="mid:6442E39470CE484C9487D151193DBEA6@RBB2008"
type="cite">But the essence imho is that there are much better
options. That also work for the present copyrights - that still last
for 70 years after the death of the present authorrs - well into the
22nd century. Unless they are expropriated - but that requires a fair
compensation, amounting to sums well above the sums currently paid to
stabilise the financial system, and to save the economy in general!<br>
</blockquote>
Of course no single nation would have enough resources -even less in
the current financial turmoil- to give to authors if expropriation were
needed to convert pre-change material rights into post-change material
rights -i.e., to adapt them in term & scope-. So it just depends on
whether such changes can be made retroactively or not, and I'm afraid
they can't -though legal experts can evaluate this better than me-.<br>
<br>
<br>
Carlos Ayala<br>
( Aiarakoa )<br>
<br>
Partido
Pirata National Board's Chairman
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