🚀 go-pugleaf

Greetings.

In article <bvh9dj$2rdf$1@toad.stack.nl>, Arnoud Galactus Engelfriet wrote:
> In the EU, a so-called Directive was adopted that requires all
> EU member states to conform to more or less the same rules
> as the WIPO Copyright Treaty. Also, on 16 March 2000 the Council
> decided on behalf of the EU member states to adopt this treaty
> as well as the WIPO Phonograms and Performances Treaty. So,
> indirectly Spain is a member.

Hm... interesting, then, that the WIPO doesn't indicate that its treaty is
in force for the EU.

>>Can I take this as proof that this particular infringement claim is just a
>>baseless threat?
> 
> It does not seem that this treaty has direct effect; that is,
> I do not see how anyone could sue based on the provisions of
> the treaty. Normally you sue under national law, and the states
> must have brought their national law into conformity with the
> treaty (or the Directives).

Right; so even though Spain is affected by the WIPO treaty, it doesn't make
sense to cite a particular act as a violation of said treaty, since the
implementation details are left to national legislation.

Thanks for the information.

Regards,
Tristan

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