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Press Release | 27 10 2003
Public Netbase
Nike-Platz: A First Victory for the Freedom of Art
Preliminary Court Decision in Favour of International Art Project
The international sportswear company Nike is trying to get the
installation "nikeground – rethinking space", created by the renowned
artists group 0100101110101101.ORG, banned by court. Meanwhile the
Commercial Court of Vienna has taken a first crucial decision.
Quite apart from the fact that this is an attempt to ban a work of art,
the Commercial Court has rejected Nike's plea for a provisional
injunction on formal grounds. The decision was based on the fact that
the law suit against Public Netbase was filed by Nike International.
This company has its principal office not in Austria, but in the USA and
therefore would have been required to pay a deposit covering the cost of
litigation in case of a ruling in favor of Public Netbase.
Public Netbase's attorney, Mag. Michael Pilz, who consistently
underlined the artistic nature of the installation, pointed out the
formal defect in his response to the plaint. "This is a major step ahead
for the project", declared Konrad Becker, director of Public Netbase.
The law suit with Nike will now enter its next round. Moreover, the
installation can remain on Karlsplatz until its official takedown on 28
October. "The Court's decision motivates us to protect the freedom of
art against the ruthlessness of corporations with even more
determination in the future", Becker concluded.
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