Forwarding to list with permission of author. ----- Forwarded message from "Alexander Nordström, Svenska Linuxföreningen" <[EMAIL PROTECTED]> -----
From: "Alexander Nordström, Svenska Linuxföreningen" <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Subject: Re: right of publicity, or why no-advertising clauses are not necessary Date: Wed, 19 May 2004 17:05:07 +0800 Message-Id: <[EMAIL PROTECTED]> User-Agent: KMail/1.6.2 X-Spam-Status: No, hits=0.0 required=4.0 tests=none autolearn=ham version=2.63 Hello Branden, I'm replying off-list as I expect you may wish to collate this type of information in summary form in the interest of keeping the list from cluttering, and because I am not subscribed to the list. (I got word of your investigation into the matter through the debian-news list.) I hope that's okay. To answer part A of your request, then, in this case specifically regarding Swedish legislation, the short answer is yes, the clause in question is redundant. Translated and summarized from Lag (1978:800) om namn och bild i reklam (Law regarding name and picture in advertising)[1]: [1] http://rixlex.riksdagen.se/htbin/thw/1993/94:K209? ${BASE}=SFST&${THWIDS}=5.28]1084961848227826&${HTML}=SFST_DOK A person's name, picture, or other identifying information must not be used without consent by a tradesman or their representative for purposes of advertising a good or service. Violations are punishable by fine and give right to claim. Damages need not be financial. Other remedies including publication of the court order and destruction of advertising material may apply. Negligence and acting as an accessory carry similar consequences. Criminal prosecution must be preceded by a complaint from a member of the public. The Swedish legal system is based on the Scandinavic system, which is not related to English Common Law or Civil (Napoleonic) Law; the other Nordic countries (Norway, Denmark, Finland, Iceland, and the Faroe Islands) are likely to have similar laws. This law is applicable in all of Sweden; local governments do not have shared jurisdiction on the matter. Disclaimer: This is all to the best of my understanding and knowledge. I am not a lawyer. Hope that helps and good luck with your work on the issue. -- Alex Nordstrom ----- End forwarded message ----- -- G. Branden Robinson | When dogma enters the brain, all Debian GNU/Linux | intellectual activity ceases. [EMAIL PROTECTED] | -- Robert Anton Wilson http://people.debian.org/~branden/ |
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