|
Partial ruling in the Supreme Court
of August 11th, august 2005
IN THE NAME OF THE REPUBLIC!
The Supreme Court, acting as the final appellate court, with the Senate President of the Spreme Court, the Hon. Prof. Dr. Griß presiding as chairman, the Privy Councilor of the Supreme Court, Dr. Schenk and the councilors of the Supreme Court, Dr. Vogel, Dr. Jensik and Dr. Gitschthaler as additional judges in the case of the plaintiffs 1. Sigurd J. BRATLIE, Tananger, Berjeweien 10, Norway, 2. SKJULTE SKATTERS FORLAG, Tananger, Postboks 73, Norway, both represented by Freimüller, Noll, Obereder, Pilz, Senoner, Celar, attorneys in Vienna, versus the defendant, Dipl. Ing. Friedrich GRIESS, Kierling, Doppelngasse 117, represented by Dr. Peter Steinbauer, attorney in Graz, due to ommission, removal, payment and publication of the following judgment regarding the plaintiffs' appeal against the ruling of March 24th 2005, GZ 4 R 315/04d-27, by the Vienna Higher Regional Court acting as Court of Appeal, in which the ruling of July 26th 2005, GZ Cg 115/02v-23, by the Korneuburg Regional Court was amended:
1. The Appeal is allowed in part.
The contested decision is confirmed concerning the dismissal of this injunction order for item 2, points a and c-f, and the demand for removal for item 2, points a and c-f.
Concerning the injunction order and demand for removal for item 1, points b and g, and item 2, points b and g, the decision contained therein will be amended to read as follows:
1.1. With immediate effect the defendant is obliged to refrain from
reproducing, distributing or otherwise using (exploiting) works
translated from Norwegian to German, to which the plaintiffs has
the working right and /or copyright entitlements, in particular the
following works:
Aslaksen Elias, "Det største feilgrep."
Skjulte Skatter Forlag Nr. 11, Nov 1983, 82-83,
Bratlie Sigurd, "Dyret og TV", Skjulte Skatter,
Mars 1998, Årgang 87
1.2. The defendant has a duty owing to the plaintiff to delete the works
“Aslaksen Elias, ‘Det største feilgrep’, Skjulte Skatters Forlag Nr.
11, Nov 1983, 82-83”, and “Bratlie Sigurd, “Dyret og TV"
Skjulte Skatter, Mars 1998, Årgang 87”, which are translated from
Norwegian to German and published on and downloadable from.
the website http://griess.st1.at under the link: "Smiths Freunde" and
further unter the link with the subtitel "Eigene Texte der Norweger-
Bewegung", within 14 days. Failure to do so will result in execution
of the sentence.
|