[geo-discuss] Response German Minister

Malte Halbey-Martin malte at geog.fu-berlin.de
Fri Sep 22 10:33:06 UTC 2006


Hello list,
I received the response from the german ministry of environment
concerning my questions if they support amendment #21 / # 27.

To summarize:
The minister supports the article 14 § 1 with the amendment no. 21 from
the european parliament.

The minister rejects the artcile 17 § 9 with the amendment no. 27. from
the european parliamtent.
Reason:
The interlectuell propertiy rights of third person must not be
constrained or overriden by the directive because otherwise it wouldn't
be consistend with the national german law. In germany the employes of
public services are such third persons and the property rights of the
data are not automatically owned by their employer. The public services
can only be bound as far as they have the whole rights of the data. As a
solution the ministry has proposed to establish a link in article 2 of
the directive to the directive 2001/29/EG.

This is the raw summary of the response, I don't have much time to
translate this by now. I will scan it and send it to the list later.

Greets
Malte




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