[Discussioni] Re: [softwarelibero] Fwd: FYI: More on anti-piracy going too far -- or not -- and Italy's law]

Francesco Potorti` pot a gnu.org
Mer 28 Feb 2001 12:13:50 CET


   >If the interpretation offered by Associazione Software Libero of Italian law
   >248/2000 is correct (i.e., if you do not have an official stamp on ANY
   >software media in Italy you could go to jail), then it is indeed quite bad
   >for both commercial and open-source developers.  However, lest this
   >interpretation spreads without challenge, I should tell you that my Italian
   >colleagues find this interpretation doubtful.
   >
   >To put it as short as possible:  This portion of the law is very
   >controversial and confusing, industry people are contending that it applies
   >only to software that contains "sounds, voices or images" (I don't know what
   >is meant exactly by images), and everybody is waiting for a regulation that
   >is mandated by the law and that will provide further guidance.  Until the
   >regulation comes out, things are uncertain.  Will the result be as harsh as
   >the Associazione predicted?  Possibly, but a lot of people seem to think not
   >and have a stake in making sure that this is not the case.  As usual, your
   >mileage may vary, please consult competent Italian counsel before selling or
   >importing software into Italy.
   >
   >So, is it possible that Italian advocacy groups use worst case scenarios to
   >make a point, just like American advocacy groups?  Yup.

Well, in a sense.  Have you read the article
<fttp://softwarelibero.it/dos/siae-en.shtml>?  Interpretation of the law
is foggy at best.  In practice, what we know is that cdroms have been
seized at a bookshop, and all cdroms you currently see around have their
stamp.  As far as the rest, we asked Siae officers and lawyers, as the
article details, and we just reported their answers and tried to draw
some conclusions.

And yes, most of the logical conclusions are paradoxical, but that's not
our fault.




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