[See below for some corrections to my admittedly quick read of the UK proposal (http://www.politechbot.com/p-03878.html). --Declan] --- From: Paul Mobbs <mobbseyat_private> To: declanat_private Subject: EC Copyright Directive consultation paper - a review Date: Tue, 13 Aug 2002 15:02:44 +0100 -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Hi, GreenNet have agreed to fund me to do a very small amount of work on the DTI/Patent Office consultation paper on implementing the new EC Directive on copyright. I've put my initial thoughts online, in HTML and PS/PDF, at: http://www.fraw.org.uk/docs/consultation_review.html http://www.fraw.org.uk/docs/consultation_review.pdf The review is an initial reading of the consultation paper in order to pull-out the key issues. It is not intended to define a particular response on behalf of any particular interest group. Re: recent discussions on "is this the UK's version of the DMCA", in my view it isn't. It hits ordinary users of information far harder than more specialist computer users. This is because computer software and databases are actually *exempted* from the terms of the directive (read the small print). But mainly because it seriously interferes with the traditional 'fair dealing' provisions that restrict copyright over certain types or quantities of information. It also potentially affects academic and journalistic freedoms to quote and critically review information. I think this actually has far more interesting civil liberties/passive surveillance issues, because of the proposals to permit monitoring of digital copyright over networks, and to make it potentially criminal to interfere with such monitoring (e.g., using a two-way firewall, anonymising/proxying your connection, etc.). The key points of the review are: #The implementation of the Directive does not create a tight copyright control over computer software/databases, as that's already been done under other European legislation. # The Directive does create a strict system of control for all other non-software/database digital information. This is one of the most damaging aspects of the new legislation because it could restrict the 'fair dealing' conditions of existing copyright law. # Certain breaches of copyright become criminal offences rather than just civil offences. # The tracking of the use of information online will be legally enabled, and any measure to counteract such tracking could be a criminal offence. This potentially enables a system of online surveillance far superior to ordinary network logging. If you'd like to network a little more on these issues, please get in touch. Also, feel free to forward this email. P. - - - - -- - - - - ------------------- "We are not for names, nor men, nor titles of Government, nor are we for this party nor against the other but we are for justice and mercy and truth and peace and true freedom, that these may be exalted in our nation, and that goodness, righteousness, meekness, temperance, peace and unity with God, and with one another, that these things may abound." (Edward Burroughs, 1659 - from 'Quaker Faith and Practice') Paul Mobbs, Mobbs' Environmental Investigations, 3 Grosvenor Road, Banbury OX16 5HN, England tel./fax (+44/0)1295 261864 email - mobbseyat_private website - http://www.fraw.org.uk/mobbsey.html public key - http://www.fraw.org.uk/keylist.html -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.0.4 (GNU/Linux) Comment: For info see http://www.gnupg.org iD8DBQE9WRGHtEaNwM05jx0RAp2aAJ46BgB9WEILwvFl75obbXvFKOLDyQCZARd+ J/6Rt4n5F8ZKzb4+ZUCzQhE= =ANo6 -----END PGP SIGNATURE----- --- Date: Tue, 13 Aug 2002 11:01:21 -0700 From: Janko Roettgers <roettgersat_private> Organization: lowpass.de To: Declan McCullagh <declanat_private> Subject: Re: FC: U.K. considers even broader version of DMCA copyright law Hello Declan, I'm not an expert on the EU directive, but I think the important point is: >>(c) in the course of a business— [...] >>(iv) possesses, or This seems to be rather close to the original EU directive. We have a somehow similiar draft over here in Germany. > Because, based on my quick and preliminary reading, this would ban the mere > possession of circumvention tools, it would be broader than the U.S. version. It's definitely broader, but it still doesn't mean that they could go after people that just have CloneCD on their hard drive. Best, Janko -- Janko Roettgers roettgersat_private http://www.lowpass.de icq: 118804546 --- Date: Mon, 12 Aug 2002 17:40:12 -0500 (CDT) From: Darren <darrenat_private> X-X-Sender: darrenat_private To: Declan McCullagh <declanat_private> Subject: Re: FC: U.K. considers even broader version of DMCA copyright law Hi Declan, Feel free to post this to the list if you wish. I'm no lawyer, etc. On Mon, 12 Aug 2002, Declan McCullagh wrote: >Text of the draft: >http://www.patent.gov.uk/about/consultations/eccopyright/index.htm > >Excerpt (page 14 of PDF): >> A person commits an offence if he— >>(a) makes for sale or hire, or >>(b) imports otherwise than for his private and domestic use, or >>(c) in the course of a business— >>(i) sells or lets for hire, or >>(ii) offers or exposes for sale or hire, or >>(iii) advertises for sale or hire, or >>(iv) possesses, or >>(v) distributes, or >>(d) distributes otherwise than in the course of a business to such an extent >>as to affect prejudicially the copyright owner >>any device, product or component which is primarily designed, produced, or >>adapted for the purpose of enabling or facilitating the circumvention of >>effective technological measures. > >Because, based on my quick and preliminary reading, this would ban the mere >possession of circumvention tools, it would be broader than the U.S. version. I think (non-commercial) possession of circumvention tools is still legal under this draft. It's only illegal "in the course of a business" - the bit about possession (iv) is a sub-point of subsection (c) - so you cannot possess circumvention tools for commercial purposes. Additionally, subsection (b) allows importation if it is for "private or domestic use," so mere possession doesn't appear to be illegal. --- Subject: Re: FC: U.K. considers even broader version of DMCA copyright law To: declanat_private From: balaban.law.officeat_private Date: Mon, 12 Aug 2002 12:12:59 -0400 No, Declan, not the mere possession.... An individual could possess but not if he does so in the course of a business. Obviously then, no security firm could possess such a device, product or component. So perhaps I could import it, or make it for my own use, but no one could have a copy to test to see if it would defeat their copy protection because they are then using it in the course of their business which is illegal under the draft. [This IS NOT LEGAL ADVICE but merely my thoughts on this matter and it is NOT THE OPINION OF MY EMPLOYER it is only mine.] .....jack bunce LAW OFFICE OF MARK A. BALABAN voice (860)346-5244 fax (860)347-9706 balaban.law.officeat_private --- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? Make a donation here: http://www.politechbot.com/donate/ Recent CNET News.com articles: http://news.search.com/search?q\clan CNET Radio 9:40 am ET weekdays: http://cnet.com/broadband/0-7227152.html -------------------------------------------------------------------------
This archive was generated by hypermail 2b30 : Tue Aug 13 2002 - 22:42:43 PDT