Comment by germanier

5 years ago

Which international treaties were ignored by German courts in these cases?

The OP writes: "International treaties explicitly and unambiguously support PGLAF's legal guidance as described above: that the copyright status in one country is not impacted or enforceable or otherwise relevant in other countries. Plaintiff managed to find a German Court, and some precedents from Germany (and, after the lawsuit was filed, from the EU), which were willing to flaunt international treaties by developing a theory that PGLAF is under jurisdiction of the German Court system."

  • That's the biased interpretation of the PGLAF. Framing the whole thing as "unambiguous", "managed to find a German Court" and "some precedents" is disingenuous. There is a reason they don't refer to any precedent supporting their position: there is none. How can you say with a straight face that the issue is unambiguous when in fact there is precedence pointing in the other direction?

    Note that the courts didn't ignore those treaties and or somehow ruled they weren't enforceable. They just have a different interpretation of the legal contents of those treaties than the PGLAF does. Law is often not black or white and anyone who claims there is just one true position doesn't tell you the whole truth. The issue is actually pretty interesting legally and there is a lot more subtlety to it than the claim that courts are somehow bending the law.