# LANGUAGE translation of https://www.gnu.org/philosophy/hague.html # Copyright (C) YEAR Free Software Foundation, Inc. # This file is distributed under the same license as the original article. # FIRST AUTHOR , YEAR. # #, fuzzy msgid "" msgstr "" "Project-Id-Version: hague.html\n" "POT-Creation-Date: 2022-04-12 11:57+0000\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" "Language: \n" "MIME-Version: 1.0\n" "Content-Type: text/plain; charset=CHARSET\n" "Content-Transfer-Encoding: 8bit\n" #. type: Content of: msgid "Harm from the Hague - GNU Project - Free Software Foundation" msgstr "" #. type: Content of: <div><h2> msgid "Harm from the Hague" msgstr "" #. type: Content of: <div><address> msgid "by <a href=\"https://www.stallman.org/\">Richard Stallman</a>" msgstr "" #. type: Content of: <div><p> msgid "<i>June 2001</i>" msgstr "" #. type: Content of: <div><p> msgid "" "Europeans have energetically opposed and thwarted the attempt to introduce " "software patents in Europe. A proposed treaty, now being negotiated, " "threatens to subject software developers in Europe and other countries to " "U.S. software patents—and other harmful laws from around the world. " "The problem is not just for programmers; authors of all kinds will face new " "dangers. Even the censorship laws of various countries could have " "globalized effect." msgstr "" #. type: Content of: <div><p> msgid "" "The Hague treaty is not actually about patents, or about copyrights, or " "about censorship, but it affects all of them. It is a treaty about " "jurisdiction, and how one country should treat the court decisions of " "another country. The basic idea is reasonable enough: if someone hits your " "car in France or breaks a contract with your French company, you can sue him " "in France, then bring the judgment to a court in whichever country he lives " "in (or has assets in) for enforcement." msgstr "" #. type: Content of: <div><p> msgid "" "The treaty becomes a problem when it is extended to distribution of " "information—because information now travels normally and predictably " "to all countries. (The Internet is one way, but not the only way.) The " "consequence is that you could be sued about the information you distributed " "under the laws of <strong>any</strong> Hague country, and the judgment would " "probably be enforced by your country." msgstr "" #. type: Content of: <div><p> msgid "" "For instance, if you release a software package (either free or not) in " "Germany, and people use it in the U.S., you could be sued for infringing an " "absurd U.S. software patent. That part does not depend on Hague—it " "could happen now. But right now you could ignore the U.S. judgment, safe in " "Germany, and the patent holder knows this. Under the Hague treaty, any " "German court would be required to enforce the U.S. judgment against you. In " "effect, the software patents of any signatory country would apply to all " "signatory countries. It isn't enough to keep software patents out of " "Europe, if U.S. or Japanese or Egyptian software patents can reach you " "there." msgstr "" #. type: Content of: <div><p> msgid "" "But patent law is not the only area of law that could wreak havoc if " "globalized by the Hague treaty. Suppose you publish a statement criticizing " "a public figure. If copies are read in England, that public figure could " "sue you under the strict U.K. libel law. The laws of your country may " "support the right to criticize a public figure, but with the Hague treaty, " "they won't necessarily protect you any more." msgstr "" #. type: Content of: <div><p> msgid "" "Or suppose you publish a statement comparing your prices with your " "competitors' prices. If this is read in Germany, where comparative " "advertising is illegal, you could be sued in Germany and the judgment " "brought back to you wherever you are. (Subsequent note: I've received word " "that this law may have been changed in Germany. The point is the same, " "though—any country could have such a law, and some other European " "countries may still have one.)" msgstr "" #. type: Content of: <div><p> msgid "" "Or suppose you publish a parody. If it is read in Korea, you could be sued " "there, since Korea does not recognize a right to parody. (Since the " "publication of this article, the Korean Supreme Court affirmed the right to " "parody, but the general point remains.)" msgstr "" #. type: Content of: <div><p> msgid "" "Or suppose you have political views that a certain government prohibits. " "You could be sued in that country, and the judgment against you there would " "be enforced wherever you live." msgstr "" #. type: Content of: <div><p> msgid "" "Not long ago, Yahoo was sued in France for having links to U.S. sites that " "auctioned Nazi memorabilia, which is lawful in the U.S. After a French " "court required Yahoo France to block such links, Yahoo went to court in the " "U.S., asking for a ruling that the French judgment cannot be applied to the " "parent company in the U.S." msgstr "" #. type: Content of: <div><p> msgid "" "It may come as a surprise to learn that exiled Chinese dissidents joined the " "case in support of Yahoo. But they knew what they were doing—their " "democracy movement depends on the outcome." msgstr "" #. type: Content of: <div><p> msgid "" "You see, Nazism is not the only political view whose expression is " "prohibited in certain places. Criticism of the Chinese government is also " "prohibited—in China. If a French court ruling against Nazi statements " "is enforceable in the US, or in your country, maybe a Chinese court ruling " "against anti-Chinese-government statements will be enforceable there too. " "(This might be why China has joined the Hague treaty negotiations.) The " "Chinese government can easily adapt its censorship law so that the Hague " "treaty would apply to it; all it has to do is give private individuals (and " "government agencies) the right to sue dissident publications." msgstr "" #. type: Content of: <div><p> msgid "" "China is not the only country to ban criticism of the government; as of this " "writing, the government of Victoria (Australia) is suing to suppress a book " "called Victoria Police Corruption on the grounds that it “scandalizes " "the courts.” This book is available on the Internet outside " "Australia. Australia is a Hague treaty participant; if the treaty applies " "to such cases, an Australian court judgment against the book could be used " "to suppress it elsewhere." msgstr "" #. type: Content of: <div><p> msgid "" "Meanwhile, works that criticize Islam have faced increasing censorship in " "Egypt, a Hague treaty participant; this too could be globalized by the Hague " "treaty." msgstr "" #. type: Content of: <div><p> msgid "" "Americans may turn to the First Amendment to protect them from foreign " "judgments against their speech. The draft treaty permits a court to ignore " "a foreign judgment that is “manifestly incompatible with public " "policy.” That is a stringent criterion, so you cannot count on it to " "protect you just because your conduct is legal where you are. Just what it " "does cover is up to the particular judge. It is unlikely to help you " "against broad foreign interpretations of copyright, trademarks or software " "patents, but U.S. courts might use it to reject outright censorship " "judgments." msgstr "" #. type: Content of: <div><p> msgid "" "However, even that won't help you if you publish on the Internet, because " "your <abbr title=\"Internet service provider\">ISP</abbr> either has assets " "in other countries or communicates to the world through larger ISPs that " "have them. A censorship judgment against your site, or any other kind, " "could be enforced against your ISP, or your ISP's ISP, in any other country " "where it has assets—and where there is no Bill of Rights, and freedom " "of speech does not enjoy the same exalted status as in the U.S. In " "response, the ISP will shut off your site. The Hague treaty would globalize " "pretexts for lawsuits, but not the protections for civil liberties, so any " "local protection could be bypassed." msgstr "" #. type: Content of: <div><p> msgid "" "Does suing your ISP seem far-fetched? It already happens. When the " "multinational company Danone announced plans to close factories in France, " "Olivier Malnuit opened a site, jeboycottedanone.com, to criticize this. " "(The name is French for “I boycott Danone.”) Danone sued not " "only him but his site hosting company and domain name registrar for " "“counterfeiting of goods”—and in April 2001 received a " "ruling prohibiting Malnuit from mentioning the name “Danone” " "either in the domain name or in the text of the site. Even more telling, " "the registrar removed the domain in fear before the court made a ruling." msgstr "" #. type: Content of: <div><p> msgid "" "The natural response for French dissidents is to publish their criticism of " "Danone outside France, just as Chinese dissidents publish their criticism of " "China outside China. But the Hague treaty would enable Danone to attack " "them everywhere. Perhaps even this article would be suppressed through its " "ISP or its ISP's ISP." msgstr "" #. type: Content of: <div><p> msgid "" "The potential effects of the treaty are not limited to laws that exist " "today. When 50 countries know that their court judgments could be enforced " "throughout North America, Europe and Asia, they would have plenty of " "temptation to pass laws just for that purpose." msgstr "" #. type: Content of: <div><p> msgid "" "Suppose, for example, that Microsoft would like to be able to impose " "copyright on languages and network protocols. They could approach a small, " "poor country and offer to spend $50 million a year there for 20 years, if " "only that country will pass a law saying that implementing a Microsoft " "language or protocol constitutes copyright infringement. They can surely " "find some country which would take the offer. Then if you implement a " "compatible program, Microsoft could sue you in that country, and win. When " "the judge rules in their favor and bans distribution of your program, the " "courts in your country will enforce the judgment on you, obeying the Hague " "treaty." msgstr "" #. type: Content of: <div><p> msgid "" "Does this seem implausible? In 2000, Cisco pressured Liechtenstein, a small " "European country, to legalize software patents. And IBM's chief lobbyist " "threatened many European governments with a termination of investment if " "they did not support software patents. Meanwhile, the U.S. trade " "representative pressured Middle Eastern country Jordan to allow patents on " "mathematics." msgstr "" #. type: Content of: <div><p> msgid "" "<a href=\"http://tacd.org\">A meeting of consumer organizations</a> " "recommended in May 2001 that patents, copyrights and trademarks " "(“intellectual property”) should be excluded from the scope of " "the Hague treaty, because these laws vary considerably between countries." msgstr "" #. type: Content of: <div><p> msgid "" "That is a good recommendation, but it only solves part of the problem. " "Patents and bizarre extensions of copyright are just two of many excuses " "used for suppression of publication in certain countries. To solve the " "problem thoroughly, all cases about the legality of distributing or " "transmitting particular information should be excluded from globalization " "under the treaty, and only the country where the distributor or transmitter " "operates should have jurisdiction." msgstr "" #. type: Content of: <div><p> msgid "" "In Europe, people opposed to software patents will be active in working to " "change the Hague treaty; for more information, see <a " "href=\"http://web.archive.org/web/20061209210148/http://www.noepatents.org/hague/index_html?NO_COOKIE=true\">www.noepatents.org</a>. " "In the U.S., the Consumer Project for Technology is taking the lead; for " "more information, see <a " "href=\"http://www.cptech.org/ecom/jurisdiction/hague.html\">www.cptech.org</a>." msgstr "" #. type: Content of: <div><p> msgid "" "A diplomatic conference is slated to begin today (June 6, 2001) to work on " "the details of the Hague treaty. We should make ministries and the public " "aware of the possible dangers as soon as possible." msgstr "" #. type: Content of: <div><p> msgid "" "There is more information about the problems with the Hague at <a " "href=\"https://web.archive.org/web/20210507012748/http://web.lemuria.org/DeCSS/hague.html\">web.lemuria.org</a>." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes. #. type: Content of: <div> msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*" msgstr "" #. type: Content of: <div><div><p> msgid "" "Please send general FSF & GNU inquiries to <a " "href=\"mailto:gnu@gnu.org\"><gnu@gnu.org></a>. There are also <a " "href=\"/contact/\">other ways to contact</a> the FSF. Broken links and " "other corrections or suggestions can be sent to <a " "href=\"mailto:webmasters@gnu.org\"><webmasters@gnu.org></a>." msgstr "" #. TRANSLATORS: Ignore the original text in this paragraph, #. replace it with the translation of these two: # #. 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README</a>. #. type: Content of: <div><div><p> msgid "" "Please see the <a " "href=\"/server/standards/README.translations.html\">Translations README</a> " "for information on coordinating and contributing translations of this " "article." msgstr "" #. type: Content of: <div><p> msgid "Copyright © 2001, 2022 Richard Stallman" msgstr "" #. type: Content of: <div><p> msgid "" "This page is licensed under a <a rel=\"license\" " "href=\"http://creativecommons.org/licenses/by-nd/4.0/\">Creative Commons " "Attribution-NoDerivatives 4.0 International License</a>." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits. #. type: Content of: <div><div> msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*" msgstr "" #. timestamp start #. type: Content of: <div><p> msgid "Updated:" msgstr ""