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Re: Intellectual Property II


From: Alexander Terekhov
Subject: Re: Intellectual Property II
Date: Sat, 11 Feb 2006 22:12:24 +0100

David Kastrup wrote:
[...]
> Quite so.  You can merely recoup damages for the breach of copyright,

What breach? Distribution of authorized copies fall under first 
sale.

Oh, BTW, be advised that if Wallace won't succeed in US, I'll 
invite him to Germany.

http://www.allenovery.com/asp/pdf/gercomplaw.pdf

------
Rules on distribution

Basics

Vertical relationships between market participants operating on 
different market levels enjoy a more liberal set of rules under 
German law since they are generally considered to promote inter-
brand competition. Only narrowly circumscribed conduct is 
directly prohibited by Sections 14, 15, 17, 18 and 21 to 23 ARC. 
Per se prohibitions first and foremost focuses on resale price 
maintenance (including commercial agreements producing the same 
effect): prices and other terms of business in agreements with 
third parties must be freely determinable (Section 14 ARC).
------

And I suppose you do known that SCO was silenced in Germany on 
the grounds of German competition laws. Keep in mind that FSF 
is also a blatant violator (dubious claims of "GPL 
Incompatibility") just like SCO Germany. That's apart from FSF's 
price-fixing GPL antitrust conspiracy.

regards,
alexander.


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