Veritas777 opened this issue on Jul 26, 2003 ยท 36 posts
cooler posted Tue, 29 July 2003 at 4:10 PM
dodger
Re: Berne Convention signatories enforcing each others copyright laws... yes you do read it wrong. There have been 2 different US involved cases of infringement which have been adjudicated along the Berne Convention guidelines because they were brought by foreign litigants.
Iter-Tass vs. Russian Kurier resulted from Kuriers alleged illegal use of Tass material in a Russian language newspaper published in the US. The case was filed with the 2nd Circuit Court & their ruling was that, although the infringement occurred here, both ownership & infringement were to be adjudicated by traditional use of Russian law. In fact the conclusion of the case is interesting in that it would have been different if tried exculsively under US copyright law.
Creative Labs vs Aztech Inc presents the same principles from the opposite situation. In this case the infringement took place in Singapore but the suit was filed in California. When Aztech moved to dismiss the suit under the principle of forum non conveniens, the Ninth Circuit Court agreed & determined that...
"The court further stated that it was aware of nothing that prevented the High Court of Singapore from applying United States copyright law to Creative's claims. The lack of extraterritorial reach of the Singapore Copyright Act should not impede the High Court from applying United States copyright law to the claims relating to the infringing acts abroad. The court asserted that it has recognized the potential of United States courts to entertain claims under the copyright laws of foreign nations; and therefore, if United States courts can do this, then the High Court of Singapore can do likewise"
Regarding anonymous litigants, whether or not you find it ridiculous, the legal appellation is "John Doe" & there are numerous examples of that name being used to represent either an anonymous plaintiff or defendant.
ernyoka1,
You have no claim of copyright under any circumstances because you didn't obtain permission from the original modeller, or even 3D Cafe, in order to make the changes. Even Danish copyright law gives the author alone the right to prepare derivative works. If I download a graphic from the web & change it from a jpg to gif that doesn't mean that I can decide what to do with it just because I changed the format.