fixing a few sentences, fleshed out a few bits slightly

svn path=/trunk/; revision=5746
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coriordan
2005-09-15 19:52:17 +00:00
parent 5ecc4d21b6
commit c79bf67240

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@@ -44,7 +44,7 @@
scale, and attempting, aiding or abetting and inciting such
infringements, are treated as criminal offences.&quot;<br />
(Article 3. Page 6 of the
text: <a
dossier: <a
href="http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf">com(2005)276</a>)
</p>
@@ -83,8 +83,8 @@
producers/distributors who operate in structures that don't
include large legal defense funds. Free Software, which is
often written by individuals and by businesses whose core
business is not software, could be particularly harmed by harm
to these business models.
business is not software, could be particularly harmed by
invalidating these business models.
</p>
@@ -94,7 +94,7 @@
If we give litigators increased access to national enforcement
bodies, and if we increase the harmful effects of litigation, we
will encourage people to use litigation as a commercial tool in
the market. SCO in the USA is the biggest example of this,
the market. 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
@@ -117,16 +117,20 @@
<h3 id="grey-areas">Developers in grey areas: DeCSS, filesharing</h3>
<p>
The European Copyright Directive increased the scope of what
copyright infringement. As well as prohibiting unauthorised
copyring, copyright law now prohibits how you use technology to
access or view copyrighted works. Developing software to watch
a DVD that you have bought, is a copyright infringement.
Developing software for file-sharing, could be copyright
infringement. The threat of jail sentences and other harsh
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
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 other harsh
measures in this directive will scare people away from writing
or publishing many classes of legal software for tolerated
software that is technically illegal.
or publishing many types of useful software which are
illegal-but-tolerated or which are grey areas.
</p>
@@ -149,17 +153,21 @@
(pages 6 and 7 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 to-be criminals.
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>
<h3 id="framework-decision">The Council Framework Decision &quot;2005/0128(CNS)&quot;</h3>
<p>
The Council Framework Decision is there to give the European
Union permission to enact a directive which requires criminal
sanctions for &quot;intellectual property right&quot;
infringements. The major problems with the Framework Decision
are in Article 4 (page 13):</p>
The Council Framework Decision is there to ensure that the
European Union has permission from the Member States to enact
directives which require criminal sanctions for
&quot;intellectual property right&quot; infringements. The
major problems with the Framework Decision are in Article 4
(page 13):</p>
<p class="quote">&quot;The Member States must ensure that the
holders of intellectual property rights concerned, or their
@@ -190,7 +198,7 @@
recent ruling by the European Court of Justice suggests that
it may not</a>. The Framework Decision needs unanimity from
the 25 member states and is worth rejecting for other reasons
anyway (state <a href="#framework-decision">above</a>).
anyway (stated <a href="#framework-decision">above</a>).
</li>
<li>
@@ -207,7 +215,7 @@
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;.
</li>
<li>
@@ -243,10 +251,12 @@
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 criminal sanctions caused in other
countries?&quot; we need to have a list of good examples.</p>
&quot;What harm have existing criminal sanctions caused in other
EU Member States?&quot; we need to have a list of good examples.
</p>
<p>This list has to be gathered, and for that we will need your help.
<p>
This list has to be gathered, and for that we will need your help.
</p>