Archived posting to the Leica Users Group, 2009/01/12
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]There is no legal difficulty at all. I had a further exchange about this offline with Phillipe, and although I don't think he agrees with me, the French law is quite clear. The article in question reads as follows: "Article R645-1 Est puni de l'amende pr?vue pour les contraventions de la 5e classe le fait, sauf pour les besoins d'un film, d'un spectacle ou d'une exposition comportant une ?vocation historique, de porter ou d'exhiber en public un uniforme, un insigne ou un embl?me rappelant les uniformes, les insignes ou les embl?mes qui ont ?t? port?s ou exhib?s soit par les membres d'une organisation d?clar?e criminelle en application de l'article 9 du statut du tribunal militaire international annex? ? l'accord de Londres du 8 ao?t 1945, soit par une personne reconnue coupable par une juridiction fran?aise ou internationale d'un ou plusieurs crimes contre l'humanit? pr?vus par les articles 211-1 ? 212-3 ou mentionn?s par la loi n? 64-1326 du 26 d?cembre 1964." To paraphrase (badly but hurriedly) in English, you may not wear or exhibit, other than for the purposes of a film, spectacle or exhibition consisting of a historical evocation, any sign or emblem which recalls the uniforms, signs or emblems which were worn or exhibited either by a member of a criminal organisation or by a person guilty of crimes against humanity. Posting a link to a website does not constitute a public exhibition, and the law does not prevent you from following the link or from seeing or looking at or indeed searching for the material in question. You may therefore look at it with impunity. The website in question appears to be a dealer based in the USA. If the French authorities wish to prosecute anyone then they should go after the dealer or their ISP, not a bunch of harmless photo enthusiasts trying to establish the authenticity of a camera. A number of people on this forum seem to misunderstand this law (and I suspect they also misunderstand similar laws in some other parts of the world), but they should not try to foist their misunderstanding on the rest of us. Regards, Bob > -----Original Message----- > From: lug-bounces+leica=web-options.com@leica-users.org > [mailto:lug-bounces+leica=web-options.com@leica-users.org] On > Behalf Of Geoff Hopkinson > Sent: 12 January 2009 09:30 > To: 'Leica Users Group' > Subject: RE: Re[2]: [Leica] A REAL LEICA OR A COUNTERFIT? > > BWs Gordon, Philippe was explaining that linking to a site with Nazi > symbology is an offence in (at least) some countries in > Europe. Perhaps all > of it?? If Philippe for example was to respond with a post that still > included the provided link he would have offended under French law. > Certainly under German law as well. I don't know about other European > nations specifically. > No spittoon involved. A legality IS however. I'm sure that we > would all > prefer that there be no implication that the LUG distributes offensive > material. I don't mean to imply that the poster intended to > cause offence or > was aware of the issue, only that there is potential for a > legal difficulty. > What is acceptable legally in USA is not always acceptable > elsewhere. No > doubt there are reciprocal situations on other issues. > > > Cheers > Geoff > http://www.pbase.com/hoppyman/e > http://gallery.leica-users.org/v/gh/ > Pick up your camera and make the best photo you can. > > -----Original Message----- > From: lug-bounces+hoppyman=bigpond.net.au@leica-users.org > [mailto:lug-bounces+hoppyman=bigpond.net.au@leica-users.org] > On Behalf Of > lindnich@tesco.net > Sent: Monday, 12 January 2009 19:05 > To: Leica Users Group > Subject: Re[2]: [Leica] A REAL LEICA OR A COUNTERFIT? > > So of course I had to exercise my liberty.... Is that an ashtray or a > spittoon? > > BWs Gordon > > > > Sunday, January 11, 2009, 7:07:27 PM, you wrote: > > PA> Bob, > > PA> FYI : in some countries such as mine, circulating > PA> information/pictures such as what I suspect is at the > other end of > PA> the link you posted is strictly forbidden and may bring > you to the > PA> courts ... I know it may be felt as harsh in other countries but > PA> pointing to such sites on the list may be the cause of > unwanted, albeit > unvoluntary, trouble. > PA> Thanks for your understanding. > PA> Philippe > PA> > > > PA> Bob W wrote: > > >>The Nazis continued to use the eagle as a symbol, but they > sometimes > >>put it on top of a swastika. > > >>http://www.usmbooks.com/nazi_eagle_swastika.html > > _______________________________________________ > Leica Users Group. > See http://leica-users.org/mailman/listinfo/lug for more information > > > > _______________________________________________ > Leica Users Group. > See http://leica-users.org/mailman/listinfo/lug for more information > >