[Discussioni][robin a ipjustice.org: [IP-Enforce] Internet operators say tighter law is unfair]

[Leandro Noferini]

----- Forwarded message from Robin Gross <robin a ipjustice.org> -----

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Date: Tue, 04 Nov 2003 06:31:30 -0800
To: ip-enforce a ipjustice.org
From: Robin Gross <robin a ipjustice.org>
Subject: [IP-Enforce] Internet operators say tighter law is unfair

   http://news.ft.com/servlet/ContentServer?pagename=FT.com/StoryFT/FullStory&c=StoryFT&cid=1066565586650

   Internet operators say tighter law is unfair
   By Tobias Buck and Raphael Minder in Brussels
   Published: November 3 2003 18:59 | Last Updated: November 3 2003 18:59

   European and US telecommunication and internet businesses have voiced
   concerns over moves in the European parliament to tighten up a law
   protecting intellectual property rights.

   They claim that a string of amendments to the original proposal, made by
   the European Commission, could subject to criminal sanctions tens of
   thousands of internet users who regularly download music from the web.

   The European Net-Alliance, which includes Deutsche Telekom, Vodafone,
   British Telecom, Telecom Italia and MCI, argue that the law should focus
   only on counterfeiting for commercial purposes.

   In a letter sent to the members of parliament's legal affairs committee,
   which will debate the legislation today, the alliance states: "The harsh
   and intrusive measures provided by the directive are not proportionate and
   adequate to apply to all types of intellectual property infringements.

   "It has to be assured that the directive does not deal with cases where
   the boundaries of fair use have been innocently infringed but applies
   where criminal energy is notably involved on commercial grounds."

   That was also the original intention of the European Commission, which
   made clear in its draft version of the law that it would apply only to
   cases "where the infringement is committed for commercial purposes, or
   causes significant harm to the right holder".

   Its stance has met harsh criticism from music companies, which have
   recently blamed a fall in profits at least partly on the widespread
   practice of downloading music from the web.

   The music industry has now found an ally in a group of European parliament
   members under the guidance of Janelly Fourtou, a conservative French
   deputy and the wife of Jean-Rene Fourtou, the chief executive of Vivendi
   Universal, the French telecommunication and media group that owns
   Universal Music.

   Ms Fourtou, who is charged with steering the legislation through
   parliament, said the right to intellectual property was a principle that
   should be protected on broad ethical grounds and not weakened by
   "subjective" distinctions.

   "We must send a signal that Europe can really count on intellectual
   property and this principle cannot be attacked," she said. "We cannot say
   there are small and big mistakes: if you steal, you steal."

   She also said that distinguishing between commercial and non-commercial
   usage would put an unnecessarily heavy burden of proof on companies, which
   would need to demonstrate exactly what had led to the copyright
   infringement.

   She also said the new rules would not have some of the doomsday
   consequences opponents had predicted, particularly since there was no
   proposal to impose criminal penalties against individuals who downloaded
   music from the internet or were guilty of other forms of "soft piracy".

   The aim was to "strengthen a principle, but it is then up to member states
   to decide what should be done in terms of criminal law."

   Ms Fourtou denied any link between her push for intellectual property
   legislation and Vivendi's interest in protecting music and other forms of
   media copyright.

   "I started looking at this subject in 1999 when my husband was not at all
   in music and I think that I have shown proof of impartiality," she said.
   "I am not trying to give more to the music industry, but I am trying to
   prevent theft."

   IP JUSTICE
   Robin D. Gross, Esq.
   Executive Director     www.ipjustice.org
   robin a ipjustice.org    +1 415.553.6261

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----- End forwarded message -----

-- 
Ciao
leandro
Lei è come tutti i dilettanti: le importa far qualcosa piuttosto che
qualcosa sia fatto.
(Goethe - Le affinità elettive)
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