Dear Users,
We are sorry to spamming you, but the joint message from the INFN and
CERN managements of April 27^th needs some due clarification.
The CERN and INFN ownership of the commercial rights on the FLUKA code
as distributed until June 2019 has never been disputed by the Authors.
As a matter of fact, we deem as FLUKA Authors that our unalienable moral
rights on FLUKA, as defined and protected by Swiss law, the Berne
Convention, and international law, are violated. Moral rights include,
among others, the ownership of the name and above all the right to the
integrity of the code.
We have requested CERN to enter into the arbitration proceeding foreseen
by the Protocol on the Privileges and Immunities of CERN and referred to
in the specific Agreement about FLUKA concluded in 2003.This is the only
forum to settle this controversy.
So far, CERN has refused to enter into discussion with FLUKA Authors
and/or into an arbitration proceeding invoking its Protocol on the
Privileges and Immunities.
If the position of INFN is now different from what was formally
expressed one year ago to the Authors, INFN will have to be part of the
arbitration proceeding as well.
Alberto Fasso’, Alfredo Ferrari, Paola Sala
On 4/27/21 4:05 PM, presidenza wrote:
> Dear FLUKA users,
> Please find below a joint communication from CERN and INFN.
>
> Best regards
> INFN Headquarters
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Received on Wed Apr 28 2021 - 19:55:19 CEST