wwp@yahoogroups.com:
Re: Phone Call from ZKM
Yuval Levy 2008-May-27 13:33:00
Carsten, thanks a lot. Thanks also for everybody who added to the
research, particularly Hans with the precedent cases; and Carl with the
task force proposal.
@Carl: in terms of copyright protection the Berne Convention gives
international artists from signatory countries the same protection as to
German artists. It makes sense for you guys to take the lead simply
because you'll be close to the action.
Carsten T. Rees wrote:
> So I contacted the MPI. They actually were quite shocked.
not a surprise to me - it seems to be the standard modus operandi of the
project.
> So yesterday at about 18:00 CEST Mr. Lintermann called me on the phone.
So he is in a corner now desperate.
> After this phone call I really looked foreward to the mail from the ZKM and hoped, that this
> would settle the quarrel. You can imagine, how disappointed I have been, when I read the
> mail from the ZKM.
note that the mail is still from him, via his secretary. not from the
ZKM management. You can be disappointed with him, but it is no time to
be disappointed with the ZKM yet.
> So my conclusions are: The ZKM is by now aware of the legal problems they got themself
> into. The whole business is by now taken over by the head of the ZKM ? Mr. Lintermann is
> no longer free to deal with this on his own. The ZKM has already involved a laywer. I
> cannot imagine how a peacefull settlement can be possible any longer.
I have a different assessment of the situation:
because a lawyer is involved, the peaceful settlement can be possible. A
good lawyer that represent his client will tell them: "look, you have no
chances in court. you either get sentenced and pay a lot later, or you
try to work yourself out of this situation now". That tends to make
people and businesses very reasonable. This is when serious negotiations
start.
The ZKM managamenent and board are now aware, but they are not yet
directly involved.
My speculation:
ZKM board and management now understand that Mr. Lintemrmann's behavior
has got them into trouble, and they understand that this trouble can be
very painful to them.
Their current involvement is to push Mr. Lintermann toward solving the
problem he cause. This is why the letter that Uri and others received is
still signed by him.
ZKM will become actively involved if Mr. Lintermannn fails to solve the
problem he created. Most likely they will suspend him from duty / fire
him / dissociate with him as much as possible to avoid the fall off.
That may very likely come in the form of suspension or severance of ties
with him - they will prefer to have the news saying "Mr. Lintermann
suspended over copyright abuse* than "ZKM abuses copyright"; and they
will prefer the court ruling against Mr. Lintermann than the court
ruling against ZKM.
> P.P.S.: Please forgive me poor "legal" English.
Dein English ist mindestens gleich gut wie meins :-)
Yuv