organization:federal court

Digitized images of works in the public domain: what rights vest in them? Analysis of the recent BGH Reiss-Engelhorn judgment - Part 1 - The IPKat
▻http://ipkitten.blogspot.com/2019/02/digitized-images-of-works-in-public.html?m=1

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The German Federal Court of Justice recently published the full version of its highly-anticipated decision on the publication of photographs of paintings held by a group of German museums on Wikimedia Commons. The case had raised several unresolved questions of German copyright law with regard to works in the public domain.

The courts of first and second instance had given favourable decisions to the claimant group of museums. The Federal Court’s judgment confirms these decisions and seems to strengthen the legal position of the owners of paintings in the public domain. But as it refuses to address the most controversial aspect of the decision in appeal, the decision seems to leave the door wide open for future reconsideration of the latter.

Digitized images of works in the public domain: what rights vest in them? Analysis of the recent BGH Reiss-Engelhorn judgment - Part 2
▻http://ipkitten.blogspot.com/2019/02/digitized-images-of-works-in-public_19.html

The only positive feature of the judgment is what makes Tobias call this a pyrrhic victory in his above contribution. The judgment does not reinforce tendencies by the Fifth Senate of the Court to develop a kind of depiction right in property (which in German would be called “Recht am Bild der eigenen Sache”). Such an IP position would wreak havoc in today’s visual public sphere. It would, of course, have been better still, had this judgment sided with scholarship and actively countered those tendencies. That, however, would have put the First Senate in open opposition to the Fifth Senate, which would have called for putting the matter before the Court’s Great Senate, being the forum to solve contradictions between Senates. And there, in the Great Senate, the golden rule is: The Senate that puts the matter forward will lose. So, it’s probably for the better that the First Senate didn’t take this road."

#propriété_intellectuelle #Allemagne #droit #domaine_public #Urbildtheorie

Copyright lawsuit against Microsoft, EA, and Nintendo quashed at appeal
▻https://www.gamesindustry.biz/articles/2018-04-12-lawsuit-against-microsoft-ea-and-nintendo-quashed-at-appea

Federal court finds patient holder’s argument “unconvincing”

#Legal

European Commission Fines Car Carriers 395 Million Euros for Participating in #Cartel – gCaptain
▻http://gcaptain.com/european-commission-fines-car-carriers-395-million-euros-for-participating

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The European Commission on Wednesday fined four shipping companies a total of 395 million euros for taking part in cartel relating to the transportation of new cars and other vehicles by sea in violation of EU competition laws.

In a statement, the Commission said it had imposed the fines on the roll-on/roll-off shipping companies CSAV, K-Line, NYK and WWL-EUKO for forming and participating in the cartel with the goal of aligning prices and dividing up customers to their benefit. A fifth shipping company, MOL, was also involved in the cartel but did not receive a fine because it had alerted the Commission to the cartel.

All five companies admitted to participation in the cartels and agreed to settle the cases.

“For almost six years, between October 2006 and September 2012, sales managers from these companies met at each other’s offices, in bars, restaurants and other social gatherings. They were also in contact over the phone on a regular basis,” the Commission said.

Australia Fines NYK $25 Million for ’Criminal Cartel Conduct’ – gCaptain
▻http://gcaptain.com/australia-fines-nyk-25-million-criminal-cartel-conduct

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The Federal Court of Australia has convicted Japanese shipping company Nippon Yusen Kabushiki Kaisha (NYK) of criminal #cartel conduct and ordered it to pay a fine of $25 million relating to the transportation of motor vehicles to Australia between 2009 and 2012.

The fine is the second-highest fine ever imposed by the Australian Competition & Consumer Commission (ACCC). The judgment also marks the first successful prosecution under the criminal cartel provisions of the country’s Competition and Consumer Act 2010 (CCA).

Following an extensive investigation by the ACCC, the Commonwealth Director of Public Prosecutions charged NYK with “giving effect to cartel provisions in an arrangement or understanding with other shipping lines” over the transportation of vehicles to Australia between 2009 and 2012, the ACCC said in a statement.

“The cartel operated from at least February 1997 and affected vehicles transported to Australia by NYK and other shipping lines from locations in Asia, the US and Europe on behalf of major car manufacturers including Nissan, Suzuki, Honda, Toyota and Mazda,” The ACCC said.

… and Europe…

#transport_maritime #cartellisation

Amnesty | La détention d’une famille de réfugiés jugée contraire aux droits humains
▻http://asile.ch/2017/05/16/amnesty-detention-dune-famille-de-refugies-jugee-contraire-aux-droits-humains

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En mettant en détention un couple afghan et en plaçant leurs enfants en foyer, les autorités zougoises ont violé la Convention européenne des droits de l’homme (CEDH). Le Tribunal fédéral a admis la plainte d’une famille de réfugiés pour violation du droit à la vie privée et familiale selon l’article 8 de la CEDH. Ce […]

Brazilian court suspends operating license for Belo Monte dam
▻http://news.mongabay.com/2016/01/brazilian-court-suspends-operating-license-for-belo-monte-dam

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The gigantic Belo Monte hydroelectric dam, located on the Xingu River in the heart of the Brazilian Amazon, stood just weeks away from beginning operation this week — but the controversial mega-dam, the third largest on earth, has now been blocked from generating electricity by the Brazilian court system until its builders and the government meet previous commitments made to the region’s indigenous people.

Federal court judge Maria Carolina Valente do Carmo in the city of Altamira, in the state of Pará where the dam is located, has suspended the dam’s operating license. It will not be reinstated, she decided, until the dam’s owner Norte Energia SA, along with Brazil’s government, meet a 2014 court-ordered licensing requirement to reorganize the regional office of Funai, the national agency that protects Brazil’s indigenous groups.

Judge Valente do Carmo has fined the government and company R$900,000 (US$225,000) for non-compliance with the Funai requirement, a provision included in the rules governing Belo Monte when the project was given its preliminary license in 2010.

...

In December, Brazil’s Public Federal Ministry, an independent state body started legal proceedings to have it recognized that the crime of “ethnocide” was committed against seven indigenous groups during the building of the Belo Monte dam.

Earlier in 2015, federal prosecutors found that Norte Energia violated 55 different obligations it had agreed to in order to guarantee the survival of indigenous groups, farmers and fishermen whose homes and lands will be lost.

#barrage #grand_barrage #Brésil #peuples_autochtones

Fermeture des écoles publiques à Chicago et à Washington (où les écoles seront offerts à des exploitants privés...)

DC mayor to offer closed schools to charter operators - World Socialist Web Site

▻http://www.wsws.org/en/articles/2013/05/23/dcps-m23.html

DC mayor to offer closed schools to charter operators
By Nick Barrickman
23 May 2013

A new announcement by Vincent C. Gray, Democratic mayor of Washington, DC would see 12 former public facilities opened up for long-term leasing to charter schools in the District of Columbia, with an additional four receiving short-term rights. The announcement comes days after the rejection of an injunction in Federal court which was intended to halt the planned closures of 15 public schools this year and next.

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Chicago officials release final list of 49 school closures - World Socialist Web Site

▻http://www.wsws.org/en/articles/2013/05/23/chic-m23.html

Chicago officials release final list of 49 school closures
By Kristina Betinis
23 May 2013

In the face of mass opposition, the Chicago Board of Education released its final list of school closings Tuesday, announcing the closure of 49 elementary schools and one high school program this year. The city has shuttered public schools every year since 2001, but the latest round is the largest yet, and one of the biggest mass shutdown of schools in US history.

#éducation #école #enfance #états-unis

Mumia’s Death Sentence Ruled Unconstitutional by Federal Court
►http://www.freemumia.com/?p=496

This decision marks an important step forward in the struggle to correct the mistakes of an unfortunate chapter in Pennsylvania history,” said John Payton, Director-Counsel of LDF. “Again acknowledging the existence of clear constitutional error in Mr. Abu-Jamal’s trial, the Court of Appeals’ decision enhances confidence in the criminal justice system and helps to relegate the kind of unfairness on which this death sentence rested to the distant past.”