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    Restoration Of French Philosopher’s Work Online In Argentina Seen As An Opening

    Published on 14 December 2009 @ 9:23 am

    By , Intellectual Property Watch

    An Argentinean judge’s recent decision to drop charges against a philosophy professor for alleged copyright infringement is being seen as a stepping stone to drawing attention to copyright issues in Latin America, according to advocates.

    Professor Horacio Potel created open source websites to post foreign philosophers’ work in Spanish. The websites were named “Nietzsche in Spanish,” “Heidegger in Spanish,” and “Derrida in Spanish.”

    On 13 November, the Argentinean justice decided that Potel’s actions did not justify penal prosecution, and he was declared free of charges, according to the Fundación Vía Libre, an Argentinean non-governmental organisation focussed on civil rights in the digital area, who posted the court decision [pdf] on their website.

    In December 2008, French publishing company “Les Editions de Minuit,” owner of the rights on some of Derrida’s books, lodged a complaint then passed on to the French Embassy in Argentina. The Argentina Book Chamber then started a legal action against Potel. (IPW, Access to Knowledge, 12 May 2009).

    The professor had told Intellectual Property Watch in a previous interview that access to Derrida’s work was very difficult in Argentina, because of the cost of the books imported from Spain, priced in euros, and because of the scarcity of bookstores in the country side. The photocopying of textbooks is a major issue for academics and students, Roberto Verzola of CopySouth had told Intellectual Property Watch previously.

    “In our legal system,” Beatriz Busaniche of Vía Libre told Intellectual Property Watch this week, “this case will not be considered as jurisprudence, but the case as a whole helped us spread the word about copyright issues.”

    “One of the main results is that now social sciences universities here are aware of this conflict and really committed to open the debate around copyright,” she said.

    Contacted by email, Les Editions de Minuit said they were not aware of the Argentinean judicial decision.

    Both of the websites that were objects of the lawsuit are active again:
    http://www.jacquesderrida.com.ar/ , and http://www.heideggeriana.com.ar/.

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. IP Watch: Restoration Of French Philosopher’s Work Online In Argentina Seen As An Opening « Fundación Vía Libre says:

      [...] Este artículo fue publicado por la organizacion Intellectual Property Watch el 14 de diciembre de 2009. [...]

    2. Support Prof. Horacio Potel!, or a portrait of the philosopher as a pirate (eng) | BodySpaceSociety says:

      [...] decision of the Argentinian court dropping the charges against Prof Potel. Read more about this here (in English). Download court’s sentence here (in [...]

    3. IP Watch: Restoration Of French Philosopher’s Work Online In Argentina Seen As An Opening at Beatriz Busaniche says:

      [...] Este artículo fue publicado por la organizacion Intellectual Property Watch el 14 de diciembre de 2009. [...]

    4. Împotriva obscurantismului | Critic Atac says:

      [...] Iniţial am fost acuzat, iar avocatul meu a depus recurs, care a fost respins şi prin pronunţarea acestei respingeri a început procesul propriu-zis. Potrivit hotărârii, trebuia să achit 40.000 de peso. Apoi recursul a fost respins şi, în timp ce ne aşteptam ca ei să anunţe începutul procesului, în care urma să fiu băgat la pușcărie pentru o perioadă de până la 3 ani, procurorul a decis pe neaşteptate să retragă acuzaţia. [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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