Die Welt des Geistigen Eigentums: Appeals court ruling threatens used software sales

Saturday 11 September 2010

Appeals court ruling threatens used software sales

Can copyright holders prevent a buyer from reselling or renting a product after an initial sale, as long as additional copies aren't made? What does the San Francisco Federal Appeals Court say about this 102-year old First-Sale doctrine?

Read the entire article by clicking this link.

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The Blog has been born.......

This is the Blog of Prahasto W. Pamungkas, also known as Broerie Wahjudi, Advocate practising in Jakarta and the International Development Law Organization ("IDLO") Intellectual Property Resource Person for Indonesia.

In this Blog, Broerie's activities as the IDLO Intellectual Property Resource Person for Indonesia will be narrated. Such activities include:

1. his participation in training workshops, seminars, symposia and other fora of both academic and practical nature in the areas of intellectual property;

2. training workshops that he has organised, is organising and will organise in the context of IDLO Intellectual Property Impact Programme;

3. researches that he has conducted, is conducting and will conduct in the areas of intellectual property;

4. articles that he has written, is writing and will write in the areas of intellectual property; and

In addition, he will also discuss his thoughts, ideas and opinions of intellectual property in general, including advices that he has rendered to his clients (no name basis) in the areas of intellectual property.

Christian Sigmund Krause

Ueber den Büchernachdruck

"No, no, it is too obvious that the concept of intellectual property is useless. My property is exclusively mine; I must be able to dispose of it and retrieve it unconditionally. Let someone explain to me how that is possible with ideas. Just let someone try taking back the ideas he has originated once they have been communicated so that they are, as before, nowhere to be found. All the money in the world could not make that possible."

-Christian Sigmund Krause, 1783-

TRANSLATION AND INTELLECTUAL PROPERTY

Translations are copyrighted works, be they translations of works in literary, artistic or scientific domain (Article 8 of the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 - Paris Act of 24 July 1971 as amended on 28 September 1979; and Article 29.1(j) of Law of the Republic of Indonesia No. 19/2002 on Copyrights).

QUOTED FROM CREDENCE WEBPAGES:

The works of translation services providers depend absolutely upon the competency of the lead translator(s). Due to its very nature, the quality of translation works depends upon the languages competency of the translator(s). However, it is not just a matter of languages translation or interpretation, but it is a matter of what is going to be translated or interpreted. Neither is it a matter of languages proficiency only, but a matter of the nature of the objects of translation works.

When the objects of translation are of legal nature, only jurists (practising jurists, legal scholars or those with law educational backgrounds) qualified to practise as linguists may claim as having the requisite competency.

Under Indonesian law, legal linguists/sworn translators' involvement is mandatory when:

Documents to be submitted to the courts as evidences are written in foreign languages (see inter alia Article 57 of Law No. 5/1986 concerning State-Administrative Courts, Articles 141 and 269 of Law No. 31/1997 concerning Military Courts);
Collective-Labour Agreements to be submitted to the Ministry of Manpower are written in foreign languages (Article 116.4 of Law No. 13/2003 concerning Manpower);
Authentic/Notarial Deeds that are drawn up in foreign languages (Articles 43 and 44 of Law No. 30/2004 concerning Notarial Authority); and
Compulsory Licence granted by the Government under the Appendix of the Berne Convention (Paris Act) of 1971, initially signed in 1886, and Article 16 of Law No. 19/2002 concerning Copyrights for the translation of copyrighetd foreign-language law books.

Die Welt des Geistigen Eigentums

Saturday 11 September 2010

Appeals court ruling threatens used software sales

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TRANSLATION AND INTELLECTUAL PROPERTY