Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]
On 19/05/05, Jacobo Tarrio <jtarrio@trasno.net> wrote:
> Spanish law says (the ugly translation is mine): "The following
> un-disclaimable and inaliable rights belong to the author: [...] 6. Retiring
> the work from the market, due to a change in their intellectual or moral
> convictions, after a payment of damages to the holders of exploitation
> rights".
Seems like Spanish law is a bit on the wrong here. This goes directly
against the freedom of goods enshrined in art. 28 et seq. EU treaty.
As soon as a work is rightfully released on the market, the author
looses every economic right he has to ensure the free flow of goods on
the internal market.
check out
http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31991L0250:EN:HTML
art.4 (c)
Not that you can do anything against that law, but in a litigation it
is a rightful defense.
Kind regards
Batist
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