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List:       dmca-discuss
Subject:    [DMCA_Discuss] EC Proposal for Noncommercial Music Transfers
From:       "Seth Johnson" <seth.johnson () realmeasures ! dyndns ! org>
Date:       2003-01-31 22:30:24
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(Forwarded from Pho list)

-----Original Message-----
From: Chris Grigg <chris@grigg.org>
Date: Fri, 31 Jan 2003 12:45:45 -0800
Subject: pho: EC allows music downloading in antipiracy proposal

It's only a draft so far, but if it eventually passes, why oh why do I 
anticipate that the camp who argued for alignment of US copyright terms 
to Europe's won't be as keen to align enforcement policy to Europe's...?

from http://maccentral.macworld.com/news/0301/31.piracy.php

"No tougher sanctions are introduced against individuals who download 
tracks for noncommercial use. Criminal sanctions only apply when 
copyright infringement is carried out intentionally and for commercial 
purposes, the Commission said."

If adopted, that should bring some pressure -- or at least influence -- 
to bear on the US policy discussion.  Points up the NET Act already.

"Peer-to-peer file-sharing services that encourage copyright 
infringement and make money from advertising are commercial, according 
to the Commission. "That is illegal and should be stopped," the 
Commission said. Examples of file sharing services are Kazaa and 
Morpheus."

Interesting.  No stick against non-commercial donor/open-source P2P 
nets.  They're following the money.  And they're adapting public policy 
to accommodate what the public has demonstrated it wants to do.

-- Chris

----------------------------
EC allows music downloading in antipiracy proposal
By Joris Evers, IDG News Service
January 31, 2003 1:40 pm ET

The European Commission on Thursday presented a draft directive that  
punishes copyright infringement for commercial purposes, but leaves  
the home music downloader untouched, infuriating the entertainment  
industry.

The proposed directive, meant to harmonize intellectual property  right 
enforcement laws in the 15-nation European Union (EU), aims to  
strike "a fair balance" between interests of right holders and the  
opportunities the Internet offers to consumers, according to  
Commission documents accompanying the draft.

No tougher sanctions are introduced against individuals who download  
tracks for noncommercial use. Criminal sanctions only apply when  
copyright infringement is carried out intentionally and for  commercial 
purposes, the Commission said.

Peer-to-peer file-sharing services that encourage copyright  
infringement and make money from advertising are commercial,  according 
to the Commission. "That is illegal and should be stopped,"  the 
Commission said. Examples of file sharing services are Kazaa and  
Morpheus.

Even though the individual is let off the hook, the Commission uses  
strong words to condemn piracy and counterfeiting, which is also part  
of the draft directive. The Commission estimates over 17,000 jobs are  
lost annually through piracy and counterfeiting in the EU.

"There is also evidence that counterfeiting and piracy are becoming  
more and more linked to organized crime and terrorist activities  
because of the high profits and, so far, the relatively low risks of  
discovery and punishment," the Commission said in a statement.

"Pirates and counterfeiters are in effect stealing from right  
holders," Frits Bolkestein, internal market commissioner said in a  
prepared statement. "If we don't stamp that out, the incentives for  
industrial innovation and cultural creativity will be weakened."

The industry in a statement issued jointly by 10 organizations,  
including the Business Software Alliance (BSA), International  
Federation of the Phonographic Industry (IFPI) and Motion Picture  
Association (MPA), blasted the proposal, calling it "inadequate" 
and  "unambitious."

"The proposal creates a two tier system of enforcement where some  
types of piracy are acceptable and others not," the industry  
organizations said.

Furthermore, the Commission underestimates the size of the piracy  
problem and falls short of providing the legal framework to fight it,  
the organizations said. The film, video, music and leisure software  
industries in Europe claim they lose over ¤4.5 billion (US$4.9  
billion) annually as a result of piracy.

The industry also charges that the Commission fails to achieve its  
goal of harmonizing national laws on intellectual property rights  
enforcement in the EU, instead perpetuating a patchwork of different  
legal measures and procedures across the EU.

There is enough time for the industry to lobby for tougher sanctions.  
The Commission's draft directive has to pass the European Parliament  
and the European Union's Council of Ministers before it is officially  
adopted.

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