Added explanation of why "intentional" and "commercial scale" are too weak. I'll probably return to this page

soon to reword it.

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projects/ipred2/ipred2.en.xhtml

@@ -160,6 +160,59 @@
       and a ban on access to public assistance.
     </p>
 
+    <h4>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-mediated 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.  Your 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;<br /> 
+    </p>
+
+    <p>
+      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.  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 explanation.
+    </p>
+
 
     <h3 id="framework-decision">The Council Framework Decision &quot;2005/0128(CNS)&quot;</h3>