wwp@yahoogroups.com:
Re: Globorama - Lawsuit against the ZKM, state of affairs
AYRTON 2011-Nov-26 02:38:00
Very frustating
:-(
AYRTON
On Tue, Oct 18, 2011 at 4:46 AM, reinhard_schmolze <
#removed#> wrote:
> On December 7th, 2009 we have posted on the WWP-list, that we have filed a
> lawsuit against Mr. Lintermann and against the ZKM with a German court of
> justice. Our aim was to fight through a precedence for those photographers
> who did not want to take the risk of a case in court.
>
> The oral proceedings at the Amtsgericht Karlsruhe took place on the 2nd of
> February 2010. In this session the judge informed us, that he thought that
> there was a breach of copyright and now the court would pursue the question
> of the proper payment for the panoramas in question. The court set the date
> for its decision on the 12th of March 2010. Due to illness of the judge
> this date has been postponed several times. For a long time we did not hear
> anything from court. We even requested information from the president of
> the court on the reason for the delay. We finally were informed that the
> judge had decided on April the 29th 2011 that an expertise should be
> ordered for the case.
>
> So after a delay of more than !!! one year !!! the court got active again.
>
> The judge also decided that a new session in court should take place on
> June, 8th 2011. The judge suggested that it would be sufficient, if the
> parties would hand in their statements, so no one would have to travel to
> Karlsruhe. But the lawyer of the opposing party (who is located in
> Karlsruhe) disagreed, so that Reinhard Schmolze and Mr. Pustejovsky had to
> travel to Karlsruhe - only to learn, that an expertise concerning the
> question of typical payment for panoramas should be ordered ? a fact they
> knew alrady from the afore mentioned decision of the court. To prolong the
> case yet further, the opposing lawyer requested more time from the court in
> order to be able to suggest a suitable expert witness. This did take
> another 6 weeks. On September 15th we were informed by the court, that the
> expertise will presumably be ready by December 15th. But considering the
> case so far, it would be close to a miracle, if the court should be able to
> keep up that date.
>
> These extreme delays are not typical for the German legal system but they
> seem to be typical for the court in Karlsruhe. There seems to be at least
> one major problem in organizing that court properly. Anyway these delays
> are extremely frustrating. Now a new problem arises that no doubt the
> opposing lawyer was aiming at the whole time: Due to the statute of
> limitations any case concerning the original panorama theft by the ZKM in
> regard to the use at "Ideenpark" in 2008 raised against the ZKM after the
> end of December 2011 will be dismissed as time barred (in German: Die
> Ansprüche sind verjährt). Even today ZKM might plead the statute of
> limitations with success in regard to the use of Globorama in the
> ZKM-Lounge itself in 2007.
>
> For more information please contact us offlist and privately at the below
> email-addresses. We can also arrange a contact with Mr. Pustejovsky if
> anyone should be in need of a lawyer who is familiar with the case.
>
> Reinhard Schmolze, #removed#
> Carsten T. Rees, #removed#
>
>
>
>
>
> ------------------------------------
>
> ------
> The World-Wide Panorama
>
> For more information:
> -Visit the web site at http://worldwidepanorama.org
>
> Yahoo! Groups Links
>
>
>
>
--
+ 55 21 9982 6313 - RIO
+ 55 11 3717 5131 - SP
http://ayrton360.com
twitter.com/ayrton360
[Non-text portions of this message have been removed]