Text 1805, 57 rader
Skriven 2006-06-18 09:44:13 av Ward Dossche (2:292/854)
   Kommentar till text 1802 av Paul Sanders (3:633/104)
Ärende: Re: CopyRight Ownership Arguement
=========================================
Paul,
 
>>> The problem of course is that as FidoNews is not a legal body, it is
>>> unclear what is "outside" and what is "inside" Fidonews.
 
> WD>The court has determined that Fidonet is a legal entity, therefore the
> WD>standing of it's newsletter can not be trivialised.
 
> which court has determined that ?
 
The one here in Antwerp. These were the days of the court-case Helmut Hullen
vs. Ward Dossche which ran from somewhere 2000 till somewhere June-2002.
 
As part of the argumentation by both parties P4 was produced in evidence, it's
existance was therefore established and part of the court's ruling was based on
it.
 
In Belgium, but I'm certain in other countries as well, there is the
association type of 'feitelijke vereniging'. Difficult to translate for me but
it means that if at least 2 people get together over a common cause and
establish rules of procedure for this, which perfectly applies to P4 or the
Regpol24 or NCELECT, then you have an 'association in rights' which may perform
certain deeds related to the statutary aim as expressed in the rules of
procedure. Example: some guys get together for bowling, call themselves "the
Happy Bowlers" and draw up a statute how they have to behave internally, how
contributions need to be paid, the dress-code during competitions, acceptance
of new players, expulsions but do not file with the chamber of commerce. Then
overhere you are an association by your own right. You are not allowed to
perform commercial acts, everything is non-commercial, and every single member
is co-responsible. For example if there are 10 members and for some obscure
reason the association runs into a debt, then every member is equally
responsible for 1/10th of the debt with his/her private estate.
 
Practical example: the Hells Angels. Their local chapter has no non-profit
charter but was created with American rules as its base. Fine with the law
here, but when they run into trouble as an association, then all the members
collectively are in trouble.
 
For Fido in certain parts of Europe this has the effect that because of this
ruling in Belgium the existance as a legal entity is now an undisputable fact
everywhere in the EU, but I also imagine beyond when an interested party would
produce the appropriate court-documents from here.
 
I do realise that some of our American friends will jump onto this as flies on
fresh horse-manure and try to shred this to pieces, but I can only present this
as it is.
 
Fidonet overhere is a legal entity with a binding set of principles as its
foundation. In this binding set of principles 'Fidonews' is described, hence
'Fidonews' is a publication with a certain legal standing.
 
Take care,
 
 \%/@rd 

--- D'Bridge 2.50
 * Origin: MANY GLACIER *** Preserve - Protect - Conserve *** (2:292/854)