improved some wordings
svn path=/trunk/; revision=5752
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@@ -45,15 +45,14 @@
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infringements of an intellectual property right on a commercial
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scale, and attempting, aiding or abetting and inciting such
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infringements, are treated as criminal offences."<br />
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(Article 3. Page 6 of the
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dossier: <a
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(Article 3. Page 6 of the dossier: <a
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href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>)
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</p>
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<p>
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The EU definition of "Intellectual property" lumps
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together patents, copyright, trademarks, design protections, and
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many other categories of law.
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The EU definition of "Intellectual property rights"
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lumps together patents, copyright, trademarks, design
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protections, and many other categories of law.
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</p>
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@@ -81,14 +80,13 @@
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<p>
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Greatly increasing the risks of software
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development/distribution will have a chilling effect on
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producers/distributors who operate in structures that don't
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include large legal defense
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funds. <a href="/documents/freesoftware.html">Free
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Software</a>, which is often written by individuals and by
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businesses whose core business is not software, could be
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particularly harmed by invalidating these
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development/distribution models.
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development/distribution will have a particularly chilling
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effect on producers/distributors who operate in structures that
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don't include large legal defense funds.
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<a href="/documents/freesoftware.html">Free Software</a>, which
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is often written by individuals and by businesses whose core
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business is not software, could be particularly harmed by
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making these development/distribution models riskier.
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</p>
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@@ -102,11 +100,11 @@
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without proving anything or even showing any evidence, they have
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accused IBM and others of intentional, commercial-scale
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"IP" infringement, and have slowed the adoption rate
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of Free Software such
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as <a
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of Free Software such as the <a
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href="http://www.gnu.org/gnu/the-gnu-project.html">GNU/Linux</a>
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and harmed the reputation of a handful of companies (competitors
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to Microsoft, one of SCO's major funders).
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operating system and harmed the reputation of a handful of
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companies (competitors to Microsoft, one of SCO's major
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funders).
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</p>
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@@ -123,12 +121,11 @@
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<h3 id="grey-areas">Developers in grey areas: DeCSS, filesharing</h3>
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<p>
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The European Copyright Directive
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(<a
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The European Copyright Directive (<a
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href="http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32001L0029">com(2001)29ec</a>)
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increased the scope of copyright infringement. As well as
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prohibiting unauthorised copying of information, copyright law
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now restricts how the public can use technology to access or
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greatly increased the scope of copyright law. As well
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as prohibiting unauthorised copying of information, copyright
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law now restricts how the public can use technology to access or
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view copyrighted information. For example, you are a copyright
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infringer if you develop your own software to watch a standard
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DVD that you have bought. Writing software to share files with
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@@ -144,8 +141,7 @@
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<h2 id="text">Reading the proposal text</h2>
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<p>
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The IPRED2 proposal
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(<a
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The IPRED2 proposal (<a
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href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>)
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has two parts: pages 2 to 8 of the proposal are a Directive, and
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pages 9 to 15 are a Council Framework Decision.
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@@ -198,8 +194,7 @@
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<li>
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We can ask our national governments to reject the Council
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Framework Decision. This may remove the legal foundation for
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the criminal sanctions provisions in the Directive, however
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<a
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the criminal sanctions provisions in the Directive, however <a
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href="http://www.timesonline.co.uk/article/0,,2-1779849,00.html">a
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recent ruling by the European Court of Justice suggests that
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it may not</a>. The Framework Decision needs unanimity from
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@@ -212,16 +207,20 @@
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Ministers to limit criminal sanctions to cases where the
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infringement was done to fund organised crime or caused a
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health or safety risk to the public. Organised crime and
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health and safety are stated as the justifications of this
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directive, so tying the Articles to the justifications seems
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reasonable.
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public health and safety risks are stated as the
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justifications of this directive, so tying the Articles to the
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justifications seems reasonable.
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</li>
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<li>
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We can ask the European Parliament and the Council of
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Ministers to remove the criminalisation of "attempting,
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aiding or abetting and inciting [intellectual property right]
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infringements".
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infringements". For most (if not all) EU member states,
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this is proposing harsher punishments for incitement or
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abetting of "intellectual property right"
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infringements than currently exist for actually committing
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such an infringement.
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</li>
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<li>
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@@ -245,9 +244,9 @@
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reason is that in the cases of investigation, the truth of any
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claimed links to organised crime or health or safety issues
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cannot be confirmed. A second reason is that it mightn't
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protect against ludicrous claims that software that benefits the
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general public also benefits organised crime (e.g. file sharing
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software).
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protect against ludicrous claims that software which benefits
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the general public also benefits organised crime (e.g. file
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sharing software).
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</p>
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@@ -262,7 +261,7 @@
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</p>
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<p>
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This list has to be gathered, and for that we will need your help.
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This list has to be gathered, and for that we need your help.
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</p>
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@@ -271,8 +270,7 @@
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<ul>
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<li>
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The
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proposal: <a
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The proposal: <a
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href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>.
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(Also linked to above.)
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</li>
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@@ -310,8 +308,7 @@
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</li>
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<li>
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A ZDNet UK
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article: <a
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A ZDNet UK article: <a
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href="http://insight.zdnet.co.uk/business/legal/0,39020487,39211542,00.htm">Making
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IP infringement a crime</a>.
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</li>
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