I really want to understand the perspective of the other side of this case. Why did this museum care so much about this issue? They appear to have put an enormous legal effort into preventing the release of these point cloud scans. Why?
Just speculation on my part, but the museum's motivation seems clear enough: they realized that point cloud documents could be used to make extremely high-fidelity copies and thereby threatened the museum's monopoly on official reproductions and other merch, and indeed create counterfeit versions of Rodin's works. The repeated allegations that the author is a counterfeiter with malicious intent suggest that they care about reproductions very much. To me, at least, that explains every single action on the part of the museum.
What is less clear is why the high court, which is supposed to be neutral interpreters of the law, pre-emptively reclassified point clouds as non-document materials that are excluded from FOI requests, contrary to the lower court's judgement. I can only guess that there's some collusion going on at high levels.
It states in the article *[our lawyer] advised us that [...] the judges would be extremely deferential to the Rodin Museum and would grant it the benefit of any doubts* but doesn't dare to say why they would be deferential.... It's probably because these high level cultural institutions basically get to do whatever they want... France definitely loves their institutions.
I think the part that stands out is how at least one court went out of its way to invent a new argument on behalf of the museum. I was surprised to learn this is actually somewhat common in French law. The court itself, at least with cases involving administrative actions, has every right to step in like this. It is not a neutral arbiter.
simonw · · focus · HN ↗
atombender · · focus · HN ↗
What is less clear is why the high court, which is supposed to be neutral interpreters of the law, pre-emptively reclassified point clouds as non-document materials that are excluded from FOI requests, contrary to the lower court's judgement. I can only guess that there's some collusion going on at high levels.
awongh · · focus · HN ↗
NBJack · · focus · HN ↗