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 :: Mailing Lists

[ILUG] EU constitution

[ILUG] EU constitution

Sean O'Donnell sodonnell at 3q-solutions.com
Thu Mar 10 10:31:25 GMT 2005


The most worrying thing in the constitution from my perspective is the Right
To Property,

To quote Fergal Daly from fsfie list
----------------------------------------------------------------------------
-----------------
Article II-77

http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2004/c_310/c_31020041
216en00410054.pdf

Right To Property

1. [stuff about physical possessions]

2. Intellectual property shall be protected


This bothers me, unlike the American constitution which states a goal and
instructs the govenment to try to achieve that goal. From this come laws
that try to achieve that goal by allowing certain types of ideas to be
turned into "property" but if these laws ever became a hindrance to
achieving the goal they could be found to be unconstitutional.

The European constitution takes IP protection as an axiom with no
explanation and no provision for exceptions or even time limits (not that
I've read the whole thing but a grep for "intellectual" turns up just this
reference).
----------------------------------------------------------------------------
----------------
Sean




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