[Patents] reimbursing lost revenues

[critto@poczta.wp.pl (Krzysztof Sobolewski)]

From:                   PILCH Hartmut <phm@a2e.de>
To:                     Krzysztof Sobolewski <critto@poczta.wp.pl>
Copies to:              <patents@liberte.aful.org>
Subject:                [Patents] reimbursing lost revenues
Date sent:              Mon, 11 Jun 2001 12:37:58 +0200 (CEST)

> > Each court _may_ decide on everything -- however, it has none but
> > local meaning.
> 
> While this sounds like a good principle and is in line with what happened
> in the australian-german holocaust denial website case, there is little
> reason to believe that German courts won't execute american patent
> verdicts against german subjects, just because Australian courts do not
> agree to the particular German penal laws against holocaust denial.

> German courts have been executed American patent verdicts for a few years,
> and they have stated an explicit exception which doesn't help Dersch very
> much: that the American concept of 'punitive damages' is incompatible with
> the German law order and any decisions based on it will not be executed in
> Germany.  I haven't heard of any court decision saying that certain types
> of patents are incompatible with German law.

I understand.

Anyway, Hartmut, that means only, that German courts are 
working _against the law_. What would I propose to any person 
attacked in such manner, is to sue the Federal Republic of 
Germany to the European Tribunal of Human Rights in Strasbourg, 
France. I'm sure that the European Convention (act on which 
ETHR's work is based), _prohibits_ forcing anyone to obey the 
foreign law, not imposed legally by the European authorities.

Anyway, US Congress is *not* the legal authority in Germany, 
right? And so, it is *not* the legal authority in France, Belgium, 
Spain, Poland, Netherlands, and any other country which is *not* 
the US associate territory (colony), US state or US federal territory 
(as Washington DC). 

And thus, any US law is *illegal* in Europe if it's incompatible with 
European law (on either European or national level). So, logically, 
execution of such illegal law must also be illegal, right?

European Tribunal of Human Rights in Strasbourg should have no 
problem with sentencing that the rule not to be tried arbitrarily 
(without *legal* basis) has been broken. 
 

Proposal for activists
===============
And more -- for us, as the activists, I propose something.. Brilliant ! 
European Declaration of Independence -- based on that great 
American Act of Courage from the times when Americans wanted 
to have the constitutional republic, and not the federal gang-ruled 
police state like today. 

To make it, we should:
  1. write the preamble (some 'rhetoric' work)
  2. gather and point out all the _injuries_ caused to us by the 
United States of America (for example "they, many times, have 
broken our laws, have disparaged and trampled our most sacred 
rights(...)", "they've imposed the software patents on us(...)", 
"they've imposed the war on drugs on us(...)", "they've made us to 
give up our sovereignties in the name of 'mutual cooperation', while 
preserving their own(...)" -- only the examples, there may be more, 
and diffferent)

  3. moral ending -- "We, The Free People of Europe, declare 
ourselves morally, financially, legally and otherwise FREE from any 
claims of United States of America. We have the right to do 
everything a free person is allowed to, under our national and 
European laws. All the illegal ties between Europe and USA, 
perverting the European laws and undermining the sovereignty of 
European states, shall be broken here and now (...)"

I think it could have a great influence on the European 
consciousness in the making. It could be a great writing, that  
European private individuals, European businesses and European 
politicians and governments will use against US claims in future.
As Washington stated it "We will have as much liberty, as we are 
prepared to defend". For us, Europeans, the time has come.

    Yours in Liberty,
        Critto

*****************************************************************
            Krzysztof (Christopher) "Critto" Sobolewski
e-mail:critto@poczta.wp.pl, liberter@poczta.wp.pl
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  -> ZERO TOLERANCE FOR CENSORSHIP!!! (FAQ)
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address:ul. Krosna 32/2, 80-857 Gdansk, POLAND, EUROPE
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YEAR 2001 -- ** YEAR OF FREDERIC BASTIAT ** www.bastiat.net