fixing a few sentences, fleshed out a few bits slightly
svn path=/trunk/; revision=5746
This commit is contained in:
@@ -44,7 +44,7 @@
|
||||
scale, and attempting, aiding or abetting and inciting such
|
||||
infringements, are treated as criminal offences."<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
|
||||
"IP" 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&lg=EN&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 "2005/0128(CNS)"</h3>
|
||||
|
||||
<p>
|
||||
The Council Framework Decision is there to give the European
|
||||
Union permission to enact a directive which requires criminal
|
||||
sanctions for "intellectual property right"
|
||||
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
|
||||
"intellectual property right" infringements. The
|
||||
major problems with the Framework Decision are in Article 4
|
||||
(page 13):</p>
|
||||
|
||||
<p class="quote">"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 "attempting,
|
||||
aiding or abetting and inciting [intellectual property right]
|
||||
infringements"
|
||||
infringements".
|
||||
</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
|
||||
"What harm have criminal sanctions caused in other
|
||||
countries?" we need to have a list of good examples.</p>
|
||||
"What harm have existing criminal sanctions caused in other
|
||||
EU Member States?" 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>
|
||||
|
||||
|
||||
|
Reference in New Issue
Block a user