improved some wordings

svn path=/trunk/; revision=5752
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coriordan
2005-09-16 14:21:36 +00:00
parent 0d83b32063
commit 8f5486d767

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@@ -45,15 +45,14 @@
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 6 of the
dossier: <a
(Article 3. Page 6 of the dossier: <a
href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>)
</p>
<p>
The EU definition of &quot;Intellectual property&quot; lumps
together patents, copyright, trademarks, design protections, and
many other categories of law.
The EU definition of &quot;Intellectual property rights&quot;
lumps together patents, copyright, trademarks, design
protections, and many other categories of law.
</p>
@@ -81,14 +80,13 @@
<p>
Greatly increasing the risks of software
development/distribution will have a chilling effect on
producers/distributors who operate in structures that don't
include large legal defense
funds. <a href="/documents/freesoftware.html">Free
Software</a>, which is often written by individuals and by
businesses whose core business is not software, could be
particularly harmed by invalidating these
development/distribution models.
development/distribution will have a particularly chilling
effect on producers/distributors who operate in structures that
don't include large legal defense funds.
<a href="/documents/freesoftware.html">Free Software</a>, which
is often written by individuals and by businesses whose core
business is not software, could be particularly harmed by
making these development/distribution models riskier.
</p>
@@ -102,11 +100,11 @@
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 <a
of Free Software such as the <a
href="http://www.gnu.org/gnu/the-gnu-project.html">GNU/Linux</a>
and harmed the reputation of a handful of companies (competitors
to Microsoft, one of SCO's major funders).
operating system and harmed the reputation of a handful of
companies (competitors to Microsoft, one of SCO's major
funders).
</p>
@@ -123,12 +121,11 @@
<h3 id="grey-areas">Developers in grey areas: DeCSS, filesharing</h3>
<p>
The European Copyright Directive
(<a
The European Copyright Directive (<a
href="http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&amp;lg=EN&amp;numdoc=32001L0029">com(2001)29ec</a>)
increased the scope of copyright infringement. As well as
prohibiting unauthorised copying of information, copyright law
now restricts how the public can use technology to access or
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
@@ -144,8 +141,7 @@
<h2 id="text">Reading the proposal text</h2>
<p>
The IPRED2 proposal
(<a
The IPRED2 proposal (<a
href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>)
has two parts: pages 2 to 8 of the proposal are a Directive, and
pages 9 to 15 are a Council Framework Decision.
@@ -198,8 +194,7 @@
<li>
We can ask our national governments to reject the Council
Framework Decision. This may remove the legal foundation for
the criminal sanctions provisions in the Directive, however
<a
the criminal sanctions provisions in the Directive, however <a
href="http://www.timesonline.co.uk/article/0,,2-1779849,00.html">a
recent ruling by the European Court of Justice suggests that
it may not</a>. The Framework Decision needs unanimity from
@@ -212,16 +207,20 @@
Ministers to limit criminal sanctions to cases where the
infringement was done to fund organised crime or caused a
health or safety risk to the public. Organised crime and
health and safety are stated as the justifications of this
directive, so tying the Articles to the justifications seems
reasonable.
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;.
infringements&quot;. For most (if not all) 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>
@@ -245,9 +244,9 @@
reason is that in the cases of investigation, the truth of any
claimed links to organised crime or health or safety issues
cannot be confirmed. A second reason is that it mightn't
protect against ludicrous claims that software that benefits the
general public also benefits organised crime (e.g. file sharing
software).
protect against ludicrous claims that software which benefits
the general public also benefits organised crime (e.g. file
sharing software).
</p>
@@ -262,7 +261,7 @@
</p>
<p>
This list has to be gathered, and for that we will need your help.
This list has to be gathered, and for that we need your help.
</p>
@@ -271,8 +270,7 @@
<ul>
<li>
The
proposal: <a
The proposal: <a
href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>.
(Also linked to above.)
</li>
@@ -310,8 +308,7 @@
</li>
<li>
A ZDNet UK
article: <a
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>