fsfe-website/activities/ipred2/ipred2.en.xhtml

<?xml version="1.0" encoding="UTF-8" ?>

<html>
  <version>1</version>

  <head>
    <title>IPRED2 - The second &quot;Intellectual
    Property Rights&quot; Enforcement Directive</title>
  </head>

  <body>

    <h1>Criminalisation of copyright and trademark infringement</h1>

    <p>
      Support FSFE's work on this and similar
      projects: <a href="https://my.fsfe.org/donate">join the Fellowship of
      FSFE</a>, <a href="/help/donate">donate to FSFE</a>, and
      encouraging others to do each.
    </p>

    <ol>
      <li><a href="#status">Status</a></li>
      <li><a href="#active">Previous activity</a></li>
      <li><a href="#summary">Summary of Directive</a></li>
      <li><a href="#harm">Harmful effects on software freedom</a>
	<ul>
	  <li><a href="#swpat">Software patents: Enforcement through fear</a></li>
	  <li><a href="#models">Harm to efficient software production/distribution models</a></li>
	  <li><a href="#abuse">Encouragement of commercial abuse, like SCO's</a></li>
	  <li><a href="#indemnification">Inability to indemnify</a></li>
	  <li><a href="#grey-areas">Developers in grey areas: DeCSS, filesharing</a></li>
	</ul>
      </li>
      <li><a href="#text">Reading the proposal text: &quot;2006/0168(COD)&quot;</a>
	<ul>
	  <li><a href="#directive">The procedure details</a></li>
	  <li><a href="#problems">The problems</a>
	    <ul>
	      <li><a href="#limits">Weak limits: &quot;intentional&quot; &amp; &quot;commercial scale&quot;</a></li>
	      <li><a href="#investigation">Disproportionate access for rights holders</a></li>
	    </ul>
	  </li>
	</ul>
      </li>
      <li><a href="#options">What we can work for</a></li>
      <li><a href="#links">External links</a></li>
    </ol>


    <h2 id="status">Current status</h2>

    <p>
      On the 25th of May, 2007, the European Parliament held it's "1st
      reading" vote.  FFII have published
      a <a
      href="http://action.ffii.org/ipred2/Plenary1_Tabled_Amendments">table
      with each of the amendments</a> indicating which were adopted
      and which were not.
    </p>


    <h2 id="active">Previous activity</h2>

    <p>
      For information on FSFE's position before the European
      Parliament's 1st reading, see
      <a href="letter-april-2007.html">our April 2007 open letter to
      the MEPs</a>.
    </p>


    <h2 id="summary">Summary of the Directive</h2>

    <ul>
      <li>The proposed
      Directive: <a
      href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2006/com2006_0168en01.pdf">com(2006)168</a></li>
    </ul>

    <p class="quote">
      &quot;Article 3<br />
      Offences<br />
      Member States shall ensure that all intentional infringements of
      an intellectual property right on a commercial scale, and
      attempting, aiding or abetting and inciting such infringements,
      are treated as criminal offences.&quot;<br />
      (Article 3.  Page 9 of the proposed directive)
    </p>

    <p>
      The EU definition of &quot;Intellectual property rights&quot;
      lumps together patents, copyright, trademarks, design
      protections, and many other categories of law.  No definition is
      given for &quot;intentional&quot; or &quot;commercial
      scale&quot;, and no examples are given for what would be
      included or what would be excluded.
    </p>

    <p>
      This directive is often called &quot;IPRED2&quot;, however we
      recommend not using terms that talk about &quot;Intellectual
      Property&quot; as
      this <a href="http://www.gnu.org/philosophy/not-ipr.html">leads
      to confusions</a> that make our work more difficult.  Instead,
      it can be called &quot;The Criminalisation Directive&quot;.
    </p>

    <h2 id="harm">Harmful effects on software freedom</h2>


    <h3 id="swpat">Software patents: Enforcement through fear</h3>

    <p>
      We expect that the European Parliament will amend the proposed
      Directive to exclude patents from the scope.  This is important
      because although the European Patent Convention excludes
      software from patentability, the European Patent Office is
      granting thousands of patents on software ideas.  While &gt;90%
      of litigation based on such patents would fail in court, they
      give the patent holders a legal basis for threatening software
      producers/distributors with litigation.
    </p>

    <p>
      If patent infringement is not removed from this Directive, then
      the threats of jail time, massive fines, seizing of assets, and
      closure of business could generate enough fear among computer
      users to make people obey invalide patents granted on software
      just because the stakes are too high.  (For more on the issue of
      software patents, see the page
      about <a href="/activities/swpat/swpat.html">FSFE's work to
      prevent software patentability</a>.)
    </p>


    <h3 id="models">Harm to efficient software production/distribution models</h3>

    <p>
      Greatly increasing the risks involved in software development
      and distribution will indirectly discriminate against many
      software models.  High legal risks are easier to bear for bodies
      with large funds and full time legal staff.
      <a href="/freesoftware/freesoftware.html">Free Software</a>, which
      is often contributed to by individuals, by Small- and
      Medium-sized Enterprises, and by businesses whose core business
      is not software, would be one category of software which would
      bear this indirect discrimination.
    </p>


    <h3 id="abuse">Encouragement of commercial abuse, like SCO's</h3>

    <p>
      Giving litigators increased access to the resources of national
      enforcement bodies, and increasing the severity of effects which
      can be achieved by litigation, will encourage people to use
      litigation as a commercial tool in the market.
    </p>

    <p>
      SCO in the USA is a well-known example of this: without proving
      anything or even showing any evidence, they have accused IBM and
      others of intentional, commercial-scale &quot;IP&quot;
      infringement, and have slowed the adoption rate of Free Software
      such as
      the <a
      href="/freesoftware/gnuproject.html">GNU/Linux</a>
      operating system and harmed the reputation of a handful of
      companies (competitors to Microsoft, one of SCO's major
      funders).
    </p>


    <h3 id="indemnification">Inability to indemnify</h3>

    <p>
      Since criminal offenses cannot be indemnified against, patent
      litigation insurance would not be possible, and software
      producers could no longer provide indemnity to distributors of
      their software.
    </p>


    <h3 id="grey-areas">Developers in grey areas: DeCSS, filesharing</h3>

    <p>
      The European Copyright Directive (<a
      href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML">com(2001)29ec</a>)
      greatly increased the scope of copyright law.  As well
      as prohibiting unauthorised copying of information, copyright
      law now restricts how the public can use technology to access or
      view copyrighted information.  For example, you are a copyright
      infringer if you develop your own software to watch a standard
      DVD that you have bought.  Writing software to share files with
      others over a network could be copyright infringement; it's a
      grey area.  The threat of jail sentences and the other harsh
      measures in this directive could scare people away from writing
      or publishing many types of useful software, including types of
      software which are illegal-but-tolerated or which are grey areas.
    </p>


    <h2 id="text">Reading the proposal text: &quot;2006/0168(COD)&quot;</h2>

    <p>
      The IPRED2 proposal was originally published in two parts, but
      in May 2006 it was republished as one
      directive: <a
      href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2006/com2006_0168en01.pdf">com(2006)168</a>).
    </p>

    <p>
      The reason for republishing and changing from two parts to one
      part is that there was a precedent-setting case in the European
      Court of Justice which implies that EU directives can require
      member states to implement criminal sanctions.
    </p>


    <h3 id="directive">The procedure details</h3>

    <p>
      The following information in this paragraph applies to the first
      published version of IPRED2, but it is likely to be the same for
      the current proposal.<br />EP Responsible committee: Legal
      Affairs (JURI)<br /> EP
      Rapporteur: <a
      href="http://www.europarl.europa.eu/members/public/yourMep/view.do?language=EN&amp;id=28419">Nicola
      Zingaretti</a> (PSE, Italy).<br /> EP committees giving
      opinions: Industry, Research and Energy (ITRE), Internal Market
      and Consumer Protection (IMCO), Civil Liberties, Justice and
      Home Affairs (LIBE).
    </p>


    <h3 id="problems">The problems</h3>

    <p>
      The major problems with the directive are Articles 3 and 4
      (pages 9 and 10 of the document).  Article 3 is quoted in
      full <a href="#summary">above</a>.  Article 4 lists the harsh
      punishments that must be made available for the actions
      described in Article 3.  These include jail sentences, fines,
      closure of business, destruction of goods, being placed under
      judicial supervision, and a ban on access to public assistance.
    </p>

    <h4 id="limits">Weak limits: &quot;intentional&quot; &amp; &quot;commercial
      scale&quot;</h4>

    <p>
      The phrase &quot;<span style="font-style: italic;">all
      intentional infringements [...] on a commercial
      scale</span>&quot;, will lead many people to think that this
      directive will only apply to pre-meditated law-breaking for
      profit.
    </p>

    <p>
      Consider a patent holder's lawyer trying to coerce a software
      developer into ceasing distribution of their software.<br />
      Lawyer: &quot;Hello.  You're infringing our patent, cease
      distribution of your software.&quot;<br />
      Software developer: &quot;There must be a mistake.  I've never
      read a patent, and anyway, software functionality isn't
      patentable in the EU.&quot;<br />
      Lawyer: &quot;Well, the European Patent Office granted this
      patent, and you infringe it&quot;<br />
      Software developer: &quot;It's very unlikely to be held up in
      court.&quot;<br />
      Lawyer: &quot;Since you intentionally wrote your software, and
      since your software is affecting the softwar market, your
      infringment is intentional and commercial scale - that makes you
      a criminal.  Will you cease distribution or risk getting a
      criminal record and possibly having your business closed, a
      large fine imposed, and maybe spend some time in jail?&quot;<br />
      Software developer: &quot;...but, my software development was
      intentional, but my infringement wasn't.  I didn't even know
      about this dubiously valid patent.&quot;<br />
      Lawyer: &quot;Well, since I've accused you of infringing it,
      you're aware of it now.  So any continued infringement is
      definitely intentional.  Will you now cease
      distribution?&quot;
    </p>

    <p id="busker">
      A simpler example is a person playing songs on the street for
      the change that people throw.  The proposed text makes the
      musician a criminal if any song they play is copyrighted and is
      played without first obtaining a license.  It also makes the
      person that drove them into the city centre a criminal, for
      aiding the infringement.  People that throw money or stand
      around a listen could be criminals for inciting the
      infringement.  And anyone that can prevent the infringement, but
      doesn't, is a criminal for abetting the infringement.  This type
      of example can be useful to help people to understand how
      ludicrous the text is, but it doesn't explain the harm to
      software freedom, so it's only good as a stepping stone to
      further understanding.
    </p>


    <h4 id="investigation">Disproportionate access for rights holders</h4>

    <p>
      The directive also gives special privilege to rights holders to
      influence the investigation:
    </p>

    <p class="quote">&quot;Article 7<br />Joint investigation
      teams<br />The Member States must ensure that the
      holders of intellectual property rights concerned, or their
      representatives, and experts, are allowed to assist the
      investigations carried out by joint investigation teams into the
      offences referred to in Article 3.&quot;
    </p>

    <p>
      Also of concern is Article 8 (page 11) which says that Member
      States should investigate and prosecute &quot;intellectual
      property right&quot; infringements, even when the rights-holder
      has not requested it.
    </p>


    <h2 id="options">What we can work for</h2>

    <ul>

      <li>
	We can ask the European Parliament and the Council of
	Ministers to limit criminal sanctions to cases where the
	infringement was done to fund organised crime or causes a
	health or safety risk to the public.  Organised crime and
	public health and safety risks are stated as the
	justifications of this directive, so tying the Articles to the
	justifications seems reasonable.
      </li>

      <li>
	We can ask the European Parliament and the Council of
	Ministers to remove the criminalisation of &quot;attempting,
	aiding or abetting and inciting [intellectual property right]
	infringements&quot;.  For most EU member states,
	this is proposing harsher punishments for incitement or
	abetting of &quot;intellectual property right&quot;
	infringements than currently exist for actually committing
	such an infringement.
      </li>

      <li>
	We can build pressure in the European Parliament to simply
	reject this directive.  Drafting law is the European
	Commission's responsibility, not the European Parliament.
	Since the Commission has handed the Parliament this directive
	which is basically one single sentence containing undefined
	and vague terms, it would be reasonable for the Parliament to
	reject this proposal on the grounds that the Commission has
	not done its job.
      </li>

      <li>
	We can look into the case law of existing criminal sanctions
	for patent, copyright, and trademark infringement.  Some MEPs
	think that this direcitve is simply harmonising existing
	laws.  In fact, laws like this exist in very few EU members
	states - and it would be interesting if we knew how often they
	were used.  If they are old, rarely-used laws, then it would
	be hard for anyone to advocate making them mandatory across
	the EU.
      </li>

      <li>
	We can try to get patents excluded from this directive.  This
	is quite practical because patents are particularly easy to
	infringe unknowingly.  Doing so unknowingly may not shield
	anyone from the criminal sanctions here because
	&quot;intentional&quot; may apply to the act which lead to
	infringement (writing the software) rather than the
	infringement itself.  Further, even if unknowing infringement
	was excluded, this directive would give patent holders the
	power to turn an offence into a crime simply by informing the
	infringer.  This would have obvious uses in the market -
	informing an infringer just before a product release or during
	the bidding for a contract are two examples of valuable
	misuse.
      </li>

    </ul>


    <h2 id="todo">What needs to be done immediately</h2>

    <p>
      Hopefully this webpage will be useful for informing others.  If
      you think something should be added to this webpage, please
      contact us.
    </p>

    <p>
      Many Member States already have criminal sanctions for copyright
      and trademark infringement, and some even have criminal
      sanctions for patent infringement.  When politicians ask
      &quot;What harm have existing criminal sanctions caused in other
      EU Member States?&quot; we need to have a list of good examples.
      This list has to be gathered, and for that we need your help.
    </p>


    <h2 id="links">External links</h2>

    <ul>

      <li>
	The proposal: <a
        href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2006/com2006_0168en01.pdf">com(2006)168</a>.
        (Also linked to above.)
      </li>

<!--  Information should become available at this webpage, but it's not there now  -->
<!--       <li> -->
<!-- 	<a -->
<!-- 	href="http://www.europarl.eu.int/oeil/FindByProcnum.do?lang=en&amp;procnum=COD/2006/0168">The -->
<!-- 	European Parliament information page for the directive</a>. -->
<!--       </li> -->

      <li>
	<a href="http://www.gnu.org/philosophy/not-ipr.xhtml">Did You
	Say &quot;Intellectual Property&quot;? It's a Seductive
	Mirage</a>, an essay by Richard Stallman about terminology.
      </li>

      <li>
	<a
	href="http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT">The
	Charter of Fundamental Rights</a>.  This directive seems to
	violate Article 49 on proportionality of criminal penalties.
      </li>

      <li>
	A ZDNet UK article: <a
	href="http://insight.zdnet.co.uk/business/legal/0,39020487,39211542,00.htm">Making
	IP infringement a crime</a>.
      </li>

      <li>
	<a
	href="http://europa.eu.int/eur-lex/en/com/pdf/2000/com2000_0789en01.pdf">com(2000)789</a>,
	a related Communication from the Commission.
      </li>

      <li>
	<a
	href="http://www.europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_195/l_19520040602en00160025.pdf">IPRED-1,
	this directive's predecessor</a>
      </li>

    </ul>


  </body>

</html>
<!--
Local Variables: ***
mode: xml ***
End: ***
-->
-												fix files wrongly declared as non-UTF8, and fake-update their up-to-date translations

											
										
										
											2019-05-25 11:50:14 +00:00
+								<?xml version="1.0" encoding="UTF-8" ?>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								<html>
-												Introduce content version in source files

Fixes #2

											
										
										
											2020-04-15 09:46:59 +00:00
+								  <version>1</version>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								  <head>
-												Remove "FSFE" when used as prefix or suffix

											
										
										
											2020-07-27 12:52:33 +00:00
+								    <title>IPRED2 - The second &quot;Intellectual
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								    Property Rights&quot; Enforcement Directive</title>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								  </head>
 								  <body>
-												Typo spotted. Substituted "copright" for "copyright"

svn path=/trunk/; revision=14911

											
										
										
											2010-02-14 09:37:52 +00:00
+								    <h1>Criminalisation of copyright and trademark infringement</h1>
-												add petition and "join the fellowship"

svn path=/trunk/; revision=8053

											
										
										
											2007-04-13 10:59:35 +00:00
 								    <p>
 								      Support FSFE's work on this and similar
-												chore: update fellowship links (#1464)

Co-authored-by: Nico Rikken <nico.rikken@alliander.com>

											
										
										
											2020-07-02 08:57:57 +00:00
+								      projects: <a href="https://my.fsfe.org/donate">join the Fellowship of
-												add petition and "join the fellowship"

svn path=/trunk/; revision=8053

											
										
										
											2007-04-13 10:59:35 +00:00
+								      FSFE</a>, <a href="/help/donate">donate to FSFE</a>, and
 								      encouraging others to do each.
 								    </p>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								    <ol>
-												updates for after 1st reading vote - more updates to come

svn path=/trunk/; revision=8232

											
										
										
											2007-05-07 08:27:41 +00:00
+								      <li><a href="#status">Status</a></li>
 								      <li><a href="#active">Previous activity</a></li>
-												more updates

svn path=/trunk/; revision=8059

											
										
										
											2007-04-13 12:38:30 +00:00
+								      <li><a href="#summary">Summary of Directive</a></li>
-												fixed menu

svn path=/trunk/; revision=6589

											
										
										
											2006-05-24 14:04:52 +00:00
+								      <li><a href="#harm">Harmful effects on software freedom</a>
-												attempts to solve build errors - don't know what happened with ipred2.en.xhtml

svn path=/trunk/; revision=6590

											
										
										
											2006-05-24 14:24:46 +00:00
+									<ul>
-												Made "GNU/Linux" a link to http://www.gnu.org/gnu/the-gnu-project.html , and other small updates

svn path=/trunk/; revision=5747

											
										
										
											2005-09-15 22:58:09 +00:00
+									  <li><a href="#swpat">Software patents: Enforcement through fear</a></li>
 									  <li><a href="#models">Harm to efficient software production/distribution models</a></li>
 									  <li><a href="#abuse">Encouragement of commercial abuse, like SCO's</a></li>
 									  <li><a href="#indemnification">Inability to indemnify</a></li>
 									  <li><a href="#grey-areas">Developers in grey areas: DeCSS, filesharing</a></li>
-												attempts to solve build errors - don't know what happened with ipred2.en.xhtml

svn path=/trunk/; revision=6590

											
										
										
											2006-05-24 14:24:46 +00:00
+									</ul>
-												fixed menu

svn path=/trunk/; revision=6589

											
										
										
											2006-05-24 14:04:52 +00:00
+								      </li>
 								      <li><a href="#text">Reading the proposal text: &quot;2006/0168(COD)&quot;</a>
-												attempts to solve build errors - don't know what happened with ipred2.en.xhtml

svn path=/trunk/; revision=6590

											
										
										
											2006-05-24 14:24:46 +00:00
+									<ul>
-												fix menu

svn path=/trunk/; revision=6584

											
										
										
											2006-05-24 11:57:44 +00:00
+									  <li><a href="#directive">The procedure details</a></li>
-												fixed menu

svn path=/trunk/; revision=6589

											
										
										
											2006-05-24 14:04:52 +00:00
+									  <li><a href="#problems">The problems</a>
-												attempts to solve build errors - don't know what happened with ipred2.en.xhtml

svn path=/trunk/; revision=6590

											
										
										
											2006-05-24 14:24:46 +00:00
+									    <ul>
-												fixed menu

svn path=/trunk/; revision=6589

											
										
										
											2006-05-24 14:04:52 +00:00
+									      <li><a href="#limits">Weak limits: &quot;intentional&quot; &amp; &quot;commercial scale&quot;</a></li>
 									      <li><a href="#investigation">Disproportionate access for rights holders</a></li>
-												attempts to solve build errors - don't know what happened with ipred2.en.xhtml

svn path=/trunk/; revision=6590

											
										
										
											2006-05-24 14:24:46 +00:00
+									    </ul>
-												fixed menu

svn path=/trunk/; revision=6589

											
										
										
											2006-05-24 14:04:52 +00:00
+									  </li>
-												attempts to solve build errors - don't know what happened with ipred2.en.xhtml

svn path=/trunk/; revision=6590

											
										
										
											2006-05-24 14:24:46 +00:00
+									</ul>
-												fixed menu

svn path=/trunk/; revision=6589

											
										
										
											2006-05-24 14:04:52 +00:00
+								      </li>
 								      <li><a href="#options">What we can work for</a></li>
 								      <li><a href="#links">External links</a></li>
 								    </ol>
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
-												more updates

svn path=/trunk/; revision=8059

											
										
										
											2007-04-13 12:38:30 +00:00
-												updates for after 1st reading vote - more updates to come

svn path=/trunk/; revision=8232

											
										
										
											2007-05-07 08:27:41 +00:00
+								    <h2 id="status">Current status</h2>
-												link to the open letter

svn path=/trunk/; revision=8097

											
										
										
											2007-04-17 21:28:54 +00:00
-												more updates

svn path=/trunk/; revision=8059

											
										
										
											2007-04-13 12:38:30 +00:00
+								    <p>
-												updates for after 1st reading vote - more updates to come

svn path=/trunk/; revision=8232

											
										
										
											2007-05-07 08:27:41 +00:00
+								      On the 25th of May, 2007, the European Parliament held it's "1st
 								      reading" vote.  FFII have published
 								      a <a
 								      href="http://action.ffii.org/ipred2/Plenary1_Tabled_Amendments">table
 								      with each of the amendments</a> indicating which were adopted
 								      and which were not.
-												more updates

svn path=/trunk/; revision=8059

											
										
										
											2007-04-13 12:38:30 +00:00
+								    </p>
-												updates for after 1st reading vote - more updates to come

svn path=/trunk/; revision=8232

											
										
										
											2007-05-07 08:27:41 +00:00
+								    <h2 id="active">Previous activity</h2>
-												more updates

svn path=/trunk/; revision=8059

											
										
										
											2007-04-13 12:38:30 +00:00
 								    <p>
-												updates for after 1st reading vote - more updates to come

svn path=/trunk/; revision=8232

											
										
										
											2007-05-07 08:27:41 +00:00
+								      For information on FSFE's position before the European
 								      Parliament's 1st reading, see
 								      <a href="letter-april-2007.html">our April 2007 open letter to
 								      the MEPs</a>.
-												more updates

svn path=/trunk/; revision=8059

											
										
										
											2007-04-13 12:38:30 +00:00
+								    </p>
 								    <h2 id="summary">Summary of the Directive</h2>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
-												updates

svn path=/trunk/; revision=8056

											
										
										
											2007-04-13 12:10:30 +00:00
+								    <ul>
 								      <li>The proposed
 								      Directive: <a
 								      href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2006/com2006_0168en01.pdf">com(2006)168</a></li>
 								    </ul>
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								    <p class="quote">
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      &quot;Article 3<br />
 								      Offences<br />
-												updates

svn path=/trunk/; revision=8057

											
										
										
											2007-04-13 12:17:00 +00:00
+								      Member States shall ensure that all intentional infringements of
 								      an intellectual property right on a commercial scale, and
 								      attempting, aiding or abetting and inciting such infringements,
 								      are treated as criminal offences.&quot;<br />
 								      (Article 3.  Page 9 of the proposed directive)
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
 								    <p>
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+								      The EU definition of &quot;Intellectual property rights&quot;
 								      lumps together patents, copyright, trademarks, design
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      protections, and many other categories of law.  No definition is
 								      given for &quot;intentional&quot; or &quot;commercial
 								      scale&quot;, and no examples are given for what would be
 								      included or what would be excluded.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
-												updates

svn path=/trunk/; revision=8057

											
										
										
											2007-04-13 12:17:00 +00:00
+								    <p>
 								      This directive is often called &quot;IPRED2&quot;, however we
 								      recommend not using terms that talk about &quot;Intellectual
 								      Property&quot; as
 								      this <a href="http://www.gnu.org/philosophy/not-ipr.html">leads
 								      to confusions</a> that make our work more difficult.  Instead,
 								      it can be called &quot;The Criminalisation Directive&quot;.
 								    </p>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								    <h2 id="harm">Harmful effects on software freedom</h2>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
-												added more structure (menu entries for <h3>s), noted chill on DeCSS+fileshare software

svn path=/trunk/; revision=5732

											
										
										
											2005-09-12 15:17:51 +00:00
+								    <h3 id="swpat">Software patents: Enforcement through fear</h3>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								    <p>
-												updates

svn path=/trunk/; revision=8057

											
										
										
											2007-04-13 12:17:00 +00:00
+								      We expect that the European Parliament will amend the proposed
 								      Directive to exclude patents from the scope.  This is important
 								      because although the European Patent Convention excludes
 								      software from patentability, the European Patent Office is
 								      granting thousands of patents on software ideas.  While &gt;90%
 								      of litigation based on such patents would fail in court, they
 								      give the patent holders a legal basis for threatening software
 								      producers/distributors with litigation.
 								    </p>
 								    <p>
 								      If patent infringement is not removed from this Directive, then
 								      the threats of jail time, massive fines, seizing of assets, and
 								      closure of business could generate enough fear among computer
 								      users to make people obey invalide patents granted on software
 								      just because the stakes are too high.  (For more on the issue of
 								      software patents, see the page
-												move swpat

											
										
										
											2020-07-06 10:10:03 +00:00
+								      about <a href="/activities/swpat/swpat.html">FSFE's work to
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      prevent software patentability</a>.)
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
-												added more structure (menu entries for <h3>s), noted chill on DeCSS+fileshare software

svn path=/trunk/; revision=5732

											
										
										
											2005-09-12 15:17:51 +00:00
+								    <h3 id="models">Harm to efficient software production/distribution models</h3>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								    <p>
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      Greatly increasing the risks involved in software development
 								      and distribution will indirectly discriminate against many
-												Fixed spelling.

svn path=/trunk/; revision=5937

											
										
										
											2005-11-27 17:08:18 +00:00
+								      software models.  High legal risks are easier to bear for bodies
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      with large funds and full time legal staff.
-												clean up rewrites and their old locations (/projects, /documents)

											
										
										
											2020-07-06 14:52:14 +00:00
+								      <a href="/freesoftware/freesoftware.html">Free Software</a>, which
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      is often contributed to by individuals, by Small- and
 								      Medium-sized Enterprises, and by businesses whose core business
 								      is not software, would be one category of software which would
-												Fixed spelling.

svn path=/trunk/; revision=5937

											
										
										
											2005-11-27 17:08:18 +00:00
+								      bear this indirect discrimination.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
-												added a missing apostrophe

svn path=/trunk/; revision=5742

											
										
										
											2005-09-15 12:11:22 +00:00
+								    <h3 id="abuse">Encouragement of commercial abuse, like SCO's</h3>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								    <p>
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      Giving litigators increased access to the resources of national
 								      enforcement bodies, and increasing the severity of effects which
 								      can be achieved by litigation, will encourage people to use
 								      litigation as a commercial tool in the market.
 								    </p>
 								    <p>
 								      SCO in the USA is a well-known example of this: without proving
 								      anything or even showing any evidence, they have accused IBM and
 								      others of intentional, commercial-scale &quot;IP&quot;
 								      infringement, and have slowed the adoption rate of Free Software
 								      such as
 								      the <a
-												clean up rewrites and their old locations (/projects, /documents)

											
										
										
											2020-07-06 14:52:14 +00:00
+								      href="/freesoftware/gnuproject.html">GNU/Linux</a>
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+								      operating system and harmed the reputation of a handful of
 								      companies (competitors to Microsoft, one of SCO's major
 								      funders).
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
-												added more structure (menu entries for <h3>s), noted chill on DeCSS+fileshare software

svn path=/trunk/; revision=5732

											
										
										
											2005-09-12 15:17:51 +00:00
 								    <h3 id="indemnification">Inability to indemnify</h3>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								    <p>
 								      Since criminal offenses cannot be indemnified against, patent
 								      litigation insurance would not be possible, and software
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      producers could no longer provide indemnity to distributors of
 								      their software.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
-												added more structure (menu entries for <h3>s), noted chill on DeCSS+fileshare software

svn path=/trunk/; revision=5732

											
										
										
											2005-09-12 15:17:51 +00:00
+								    <h3 id="grey-areas">Developers in grey areas: DeCSS, filesharing</h3>
 								    <p>
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+								      The European Copyright Directive (<a
-												fix 2 links as suggested by Michel Roche

svn path=/trunk/; revision=8266

											
										
										
											2007-05-15 19:50:46 +00:00
+								      href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML">com(2001)29ec</a>)
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+								      greatly increased the scope of copyright law.  As well
 								      as prohibiting unauthorised copying of information, copyright
 								      law now restricts how the public can use technology to access or
-												fixing a few sentences, fleshed out a few bits slightly

svn path=/trunk/; revision=5746

											
										
										
											2005-09-15 19:52:17 +00:00
+								      view copyrighted information.  For example, you are a copyright
 								      infringer if you develop your own software to watch a standard
 								      DVD that you have bought.  Writing software to share files with
 								      others over a network could be copyright infringement; it's a
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      grey area.  The threat of jail sentences and the other harsh
 								      measures in this directive could scare people away from writing
 								      or publishing many types of useful software, including types of
 								      software which are illegal-but-tolerated or which are grey areas.
-												added more structure (menu entries for <h3>s), noted chill on DeCSS+fileshare software

svn path=/trunk/; revision=5732

											
										
										
											2005-09-12 15:17:51 +00:00
+								    </p>
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								    <h2 id="text">Reading the proposal text: &quot;2006/0168(COD)&quot;</h2>
 								    <p>
 								      The IPRED2 proposal was originally published in two parts, but
 								      in May 2006 it was republished as one
 								      directive: <a
 								      href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2006/com2006_0168en01.pdf">com(2006)168</a>).
 								    </p>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								    <p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      The reason for republishing and changing from two parts to one
 								      part is that there was a precedent-setting case in the European
 								      Court of Justice which implies that EU directives can require
-												fixing typo

svn path=/trunk/; revision=6591

											
										
										
											2006-05-24 21:07:27 +00:00
+								      member states to implement criminal sanctions.
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								    </p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								    <h3 id="directive">The procedure details</h3>
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
-												adding rapporteur names, and responsible and opinion-giving group names

svn path=/trunk/; revision=5777

											
										
										
											2005-10-06 13:40:39 +00:00
+								    <p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      The following information in this paragraph applies to the first
 								      published version of IPRED2, but it is likely to be the same for
 								      the current proposal.<br />EP Responsible committee: Legal
 								      Affairs (JURI)<br /> EP
 								      Rapporteur: <a
-												Fixed & in url.

svn path=/trunk/; revision=8267

											
										
										
											2007-05-15 20:37:32 +00:00
+								      href="http://www.europarl.europa.eu/members/public/yourMep/view.do?language=EN&amp;id=28419">Nicola
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      Zingaretti</a> (PSE, Italy).<br /> EP committees giving
 								      opinions: Industry, Research and Energy (ITRE), Internal Market
 								      and Consumer Protection (IMCO), Civil Liberties, Justice and
 								      Home Affairs (LIBE).
-												adding rapporteur names, and responsible and opinion-giving group names

svn path=/trunk/; revision=5777

											
										
										
											2005-10-06 13:40:39 +00:00
+								    </p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
 								    <h3 id="problems">The problems</h3>
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								    <p>
-												lowercase d for directive when not in a name of a directive

svn path=/trunk/; revision=6585

											
										
										
											2006-05-24 12:00:04 +00:00
+								      The major problems with the directive are Articles 3 and 4
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      (pages 9 and 10 of the document).  Article 3 is quoted in
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								      full <a href="#summary">above</a>.  Article 4 lists the harsh
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      punishments that must be made available for the actions
 								      described in Article 3.  These include jail sentences, fines,
 								      closure of business, destruction of goods, being placed under
 								      judicial supervision, and a ban on access to public assistance.
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								    </p>
-												fix menu

svn path=/trunk/; revision=6584

											
										
										
											2006-05-24 11:57:44 +00:00
+								    <h4 id="limits">Weak limits: &quot;intentional&quot; &amp; &quot;commercial
-												Added explanation of why "intentional" and "commercial scale" are too weak.  I'll probably return to this page
soon to reword it.

svn path=/trunk/; revision=5775

											
										
										
											2005-10-06 00:53:35 +00:00
+								      scale&quot;</h4>
 								    <p>
 								      The phrase &quot;<span style="font-style: italic;">all
 								      intentional infringements [...] on a commercial
 								      scale</span>&quot;, will lead many people to think that this
-												fixing abbreviated name "CULT"->"LIBE", and a typo "mediated"->"meditated"

svn path=/trunk/; revision=5786

											
										
										
											2005-10-09 06:04:13 +00:00
+								      directive will only apply to pre-meditated law-breaking for
-												Added explanation of why "intentional" and "commercial scale" are too weak.  I'll probably return to this page
soon to reword it.

svn path=/trunk/; revision=5775

											
										
										
											2005-10-06 00:53:35 +00:00
+								      profit.
 								    </p>
 								    <p>
 								      Consider a patent holder's lawyer trying to coerce a software
 								      developer into ceasing distribution of their software.<br />
-												fixing typo "your" -> "you're"

svn path=/trunk/; revision=5939

											
										
										
											2005-11-29 12:47:22 +00:00
+								      Lawyer: &quot;Hello.  You're infringing our patent, cease
-												Added explanation of why "intentional" and "commercial scale" are too weak.  I'll probably return to this page
soon to reword it.

svn path=/trunk/; revision=5775

											
										
										
											2005-10-06 00:53:35 +00:00
+								      distribution of your software.&quot;<br />
 								      Software developer: &quot;There must be a mistake.  I've never
 								      read a patent, and anyway, software functionality isn't
 								      patentable in the EU.&quot;<br />
 								      Lawyer: &quot;Well, the European Patent Office granted this
 								      patent, and you infringe it&quot;<br />
 								      Software developer: &quot;It's very unlikely to be held up in
 								      court.&quot;<br />
 								      Lawyer: &quot;Since you intentionally wrote your software, and
 								      since your software is affecting the softwar market, your
 								      infringment is intentional and commercial scale - that makes you
 								      a criminal.  Will you cease distribution or risk getting a
 								      criminal record and possibly having your business closed, a
 								      large fine imposed, and maybe spend some time in jail?&quot;<br />
 								      Software developer: &quot;...but, my software development was
 								      intentional, but my infringement wasn't.  I didn't even know
 								      about this dubiously valid patent.&quot;<br />
 								      Lawyer: &quot;Well, since I've accused you of infringing it,
 								      you're aware of it now.  So any continued infringement is
 								      definitely intentional.  Will you now cease
-												adding rapporteur names, and responsible and opinion-giving group names

svn path=/trunk/; revision=5777

											
										
										
											2005-10-06 13:40:39 +00:00
+								      distribution?&quot;
-												Added explanation of why "intentional" and "commercial scale" are too weak.  I'll probably return to this page
soon to reword it.

svn path=/trunk/; revision=5775

											
										
										
											2005-10-06 00:53:35 +00:00
+								    </p>
-												added an id to a tag so I can link to it easily "#busker"

svn path=/trunk/; revision=5891

											
										
										
											2005-11-09 13:43:28 +00:00
+								    <p id="busker">
-												Added explanation of why "intentional" and "commercial scale" are too weak.  I'll probably return to this page
soon to reword it.

svn path=/trunk/; revision=5775

											
										
										
											2005-10-06 00:53:35 +00:00
+								      A simpler example is a person playing songs on the street for
 								      the change that people throw.  The proposed text makes the
 								      musician a criminal if any song they play is copyrighted and is
 								      played without first obtaining a license.  It also makes the
 								      person that drove them into the city centre a criminal, for
 								      aiding the infringement.  People that throw money or stand
 								      around a listen could be criminals for inciting the
 								      infringement.  And anyone that can prevent the infringement, but
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      doesn't, is a criminal for abetting the infringement.  This type
 								      of example can be useful to help people to understand how
 								      ludicrous the text is, but it doesn't explain the harm to
 								      software freedom, so it's only good as a stepping stone to
 								      further understanding.
-												Added explanation of why "intentional" and "commercial scale" are too weak.  I'll probably return to this page
soon to reword it.

svn path=/trunk/; revision=5775

											
										
										
											2005-10-06 00:53:35 +00:00
+								    </p>
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								    <h4 id="investigation">Disproportionate access for rights holders</h4>
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
-												adding rapporteur names, and responsible and opinion-giving group names

svn path=/trunk/; revision=5777

											
										
										
											2005-10-06 13:40:39 +00:00
+								    <p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      The directive also gives special privilege to rights holders to
 								      influence the investigation:
-												adding rapporteur names, and responsible and opinion-giving group names

svn path=/trunk/; revision=5777

											
										
										
											2005-10-06 13:40:39 +00:00
+								    </p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								    <p class="quote">&quot;Article 7<br />Joint investigation
 								      teams<br />The Member States must ensure that the
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								      holders of intellectual property rights concerned, or their
 								      representatives, and experts, are allowed to assist the
 								      investigations carried out by joint investigation teams into the
-												fixing typo

svn path=/trunk/; revision=6591

											
										
										
											2006-05-24 21:07:27 +00:00
+								      offences referred to in Article 3.&quot;
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
 								    <p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      Also of concern is Article 8 (page 11) which says that Member
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+								      States should investigate and prosecute &quot;intellectual
 								      property right&quot; infringements, even when the rights-holder
 								      has not requested it.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </p>
-												slight improvements

svn path=/trunk/; revision=5743

											
										
										
											2005-09-15 14:13:36 +00:00
+								    <h2 id="options">What we can work for</h2>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
 								    <ul>
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								      <li>
-												slight improvements

svn path=/trunk/; revision=5743

											
										
										
											2005-09-15 14:13:36 +00:00
+									We can ask the European Parliament and the Council of
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+									Ministers to limit criminal sanctions to cases where the
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+									infringement was done to fund organised crime or causes a
-												small tweaks

svn path=/trunk/; revision=5728

											
										
										
											2005-09-12 11:56:45 +00:00
+									health or safety risk to the public.  Organised crime and
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+									public health and safety risks are stated as the
 									justifications of this directive, so tying the Articles to the
 									justifications seems reasonable.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								      </li>
 								      <li>
-												slight improvements

svn path=/trunk/; revision=5743

											
										
										
											2005-09-15 14:13:36 +00:00
+									We can ask the European Parliament and the Council of
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+									Ministers to remove the criminalisation of &quot;attempting,
 									aiding or abetting and inciting [intellectual property right]
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+									infringements&quot;.  For most EU member states,
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+									this is proposing harsher punishments for incitement or
 									abetting of &quot;intellectual property right&quot;
 									infringements than currently exist for actually committing
 									such an infringement.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								      </li>
 								      <li>
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+									We can build pressure in the European Parliament to simply
-												lowercase d for directive when not in a name of a directive

svn path=/trunk/; revision=6585

											
										
										
											2006-05-24 12:00:04 +00:00
+									reject this directive.  Drafting law is the European
-												clarified wordings, nothing major (have not linked to howto.html)

svn path=/trunk/; revision=5868

											
										
										
											2005-11-01 15:36:20 +00:00
+									Commission's responsibility, not the European Parliament.
 									Since the Commission has handed the Parliament this directive
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+									which is basically one single sentence containing undefined
 									and vague terms, it would be reasonable for the Parliament to
 									reject this proposal on the grounds that the Commission has
 									not done its job.
 								      </li>
 								      <li>
 									We can look into the case law of existing criminal sanctions
 									for patent, copyright, and trademark infringement.  Some MEPs
 									think that this direcitve is simply harmonising existing
 									laws.  In fact, laws like this exist in very few EU members
 									states - and it would be interesting if we knew how often they
 									were used.  If they are old, rarely-used laws, then it would
 									be hard for anyone to advocate making them mandatory across
 									the EU.
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								      </li>
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								      <li>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+									We can try to get patents excluded from this directive.  This
 									is quite practical because patents are particularly easy to
 									infringe unknowingly.  Doing so unknowingly may not shield
 									anyone from the criminal sanctions here because
 									&quot;intentional&quot; may apply to the act which lead to
 									infringement (writing the software) rather than the
 									infringement itself.  Further, even if unknowing infringement
 									was excluded, this directive would give patent holders the
 									power to turn an offence into a crime simply by informing the
 									infringer.  This would have obvious uses in the market -
 									informing an infringer just before a product release or during
 									the bidding for a contract are two examples of valuable
 									misuse.
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								      </li>
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								    </ul>
-												added Todo item (gather case studies of IP law abuse harm), linked Commission Communication

svn path=/trunk/; revision=5735

											
										
										
											2005-09-12 22:31:31 +00:00
-												slight improvements

svn path=/trunk/; revision=5743

											
										
										
											2005-09-15 14:13:36 +00:00
+								    <h2 id="todo">What needs to be done immediately</h2>
-												added Todo item (gather case studies of IP law abuse harm), linked Commission Communication

svn path=/trunk/; revision=5735

											
										
										
											2005-09-12 22:31:31 +00:00
-												added link to the ipred2@fsfeurope.org mailing list

svn path=/trunk/; revision=5753

											
										
										
											2005-09-16 15:00:05 +00:00
+								    <p>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								      Hopefully this webpage will be useful for informing others.  If
 								      you think something should be added to this webpage, please
 								      contact us.
-												added link to the ipred2@fsfeurope.org mailing list

svn path=/trunk/; revision=5753

											
										
										
											2005-09-16 15:00:05 +00:00
+								    </p>
-												added Todo item (gather case studies of IP law abuse harm), linked Commission Communication

svn path=/trunk/; revision=5735

											
										
										
											2005-09-12 22:31:31 +00:00
+								    <p>
 								      Many Member States already have criminal sanctions for copyright
 								      and trademark infringement, and some even have criminal
 								      sanctions for patent infringement.  When politicians ask
-												fixing a few sentences, fleshed out a few bits slightly

svn path=/trunk/; revision=5746

											
										
										
											2005-09-15 19:52:17 +00:00
+								      &quot;What harm have existing criminal sanctions caused in other
 								      EU Member States?&quot; we need to have a list of good examples.
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+								      This list has to be gathered, and for that we need your help.
-												added more detail about the directive text, general tweaks

svn path=/trunk/; revision=5729

											
										
										
											2005-09-12 13:47:43 +00:00
+								    </p>
-												small cleanups

svn path=/trunk/; revision=5734

											
										
										
											2005-09-12 21:54:36 +00:00
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								    <h2 id="links">External links</h2>
 								    <ul>
 								      <li>
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+									The proposal: <a
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								        href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2006/com2006_0168en01.pdf">com(2006)168</a>.
-												added one more link to the directive, plus other cleanups

svn path=/trunk/; revision=5733

											
										
										
											2005-09-12 20:00:33 +00:00
+								        (Also linked to above.)
 								      </li>
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								<!--  Information should become available at this webpage, but it's not there now  -->
 								<!--       <li> -->
 								<!-- 	<a -->
 								<!-- 	href="http://www.europarl.eu.int/oeil/FindByProcnum.do?lang=en&amp;procnum=COD/2006/0168">The -->
-												lowercase d for directive when not in a name of a directive

svn path=/trunk/; revision=6585

											
										
										
											2006-05-24 12:00:04 +00:00
+								<!-- 	European Parliament information page for the directive</a>. -->
-												updated for the new proposal 2006 168

svn path=/trunk/; revision=6583

											
										
										
											2006-05-24 11:51:24 +00:00
+								<!--       </li> -->
-												linked to EP info page, more cleanup/clarification

svn path=/trunk/; revision=5730

											
										
										
											2005-09-12 13:58:50 +00:00
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								      <li>
 									<a href="http://www.gnu.org/philosophy/not-ipr.xhtml">Did You
 									Say &quot;Intellectual Property&quot;? It's a Seductive
 									Mirage</a>, an essay by Richard Stallman about terminology.
 								      </li>
 								      <li>
 									<a
-												replace non-working links

											
										
										
											2018-02-23 11:40:31 +00:00
+									href="http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT">The
-												lowercase d for directive when not in a name of a directive

svn path=/trunk/; revision=6585

											
										
										
											2006-05-24 12:00:04 +00:00
+									Charter of Fundamental Rights</a>.  This directive seems to
-												added more structure (menu entries for <h3>s), noted chill on DeCSS+fileshare software

svn path=/trunk/; revision=5732

											
										
										
											2005-09-12 15:17:51 +00:00
+									violate Article 49 on proportionality of criminal penalties.
-												added more links, explanation of the text, plus some structure

svn path=/trunk/; revision=5727

											
										
										
											2005-09-12 11:41:21 +00:00
+								      </li>
-												added a link to a zdnet article with some background info

svn path=/trunk/; revision=5731

											
										
										
											2005-09-12 14:02:34 +00:00
+								      <li>
-												improved some wordings

svn path=/trunk/; revision=5752

											
										
										
											2005-09-16 14:21:36 +00:00
+									A ZDNet UK article: <a
-												added a link to a zdnet article with some background info

svn path=/trunk/; revision=5731

											
										
										
											2005-09-12 14:02:34 +00:00
+									href="http://insight.zdnet.co.uk/business/legal/0,39020487,39211542,00.htm">Making
 									IP infringement a crime</a>.
 								      </li>
-												added Todo item (gather case studies of IP law abuse harm), linked Commission Communication

svn path=/trunk/; revision=5735

											
										
										
											2005-09-12 22:31:31 +00:00
+								      <li>
 									<a
 									href="http://europa.eu.int/eur-lex/en/com/pdf/2000/com2000_0789en01.pdf">com(2000)789</a>,
 									a related Communication from the Commission.
 								      </li>
-												adding link to IPRED-1, just for reference

svn path=/trunk/; revision=5882

											
										
										
											2005-11-07 15:23:59 +00:00
+								      <li>
 									<a
 									href="http://www.europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_195/l_19520040602en00160025.pdf">IPRED-1,
-												lowercase d for directive when not in a name of a directive

svn path=/trunk/; revision=6585

											
										
										
											2006-05-24 12:00:04 +00:00
+									this directive's predecessor</a>
-												adding link to IPRED-1, just for reference

svn path=/trunk/; revision=5882

											
										
										
											2005-11-07 15:23:59 +00:00
+								      </li>
-												first draft of IPRED2 page

svn path=/trunk/; revision=5726

											
										
										
											2005-09-12 01:31:39 +00:00
+								    </ul>
 								  </body>
 								</html>
 								<!--
 								Local Variables: ***
 								mode: xml ***
 								End: ***
 								-->