Today, Attorney-General Verkade delivered his opinion regarding the Scientology case to the Dutch Supreme Court. In this case the Church of Scientology accuses Karin Spaink of copyright infringement for making parts of their course material available on her website. By publishing this material, Spaink wants to inspire a public debate about the nature of the cult.
According to his 82 page opinion, Verkade is of the opinion that under certain circumstances freedom of speech, as protected by art. 10 EDHR, prevails over copyright. To quote Verkade: “Although copyright resides under Article 1 of the First Protocol of EDHR and can therefore be regarded as a human right, this does not exempt copyright from being balanced against the right to freedom of information.”
The opinion also contains essential remarks about the right to quote, especially with regard to the question of whether a work that is quoted from has been legally published.
– L. Ron Hubbard (see)
If Supreme Court follows the advice of its Attorney-General, the ruling in appeal will stand. The Supreme Court will rule on July 8, 2005.
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