Does anybody know whether there is an EUCD 'compare and contrast' page anywhere on the net, analysing the differences between different member states' implementations ?
Before we communicate a position to the powers that be, I think it would be ++advisable to check in the text of the proposed Irish implementation with the key campaigners in other countries, who have already walked this road, and are likely to have a ++better idea of where the bodies are buried.
All best,
James.
On Thu, 11 Dec 2003, James Heald wrote:
Does anybody know whether there is an EUCD 'compare and contrast' page anywhere on the net, analysing the differences between different member states' implementations ?
http://www.fipr.org/copyright/guide/
Hope this helps,
From: "Alexandre Dulaunoy" alexandre.dulaunoy@ael.be
On Thu, 11 Dec 2003, James Heald wrote:
Does anybody know whether there is an EUCD 'compare and contrast' page anywhere on the net, analysing the differences between different member states' implementations ?
http://www.fipr.org/copyright/guide/
Hope this helps,
The page on Ireland dates from before anyone had seen the draft.
Suggest somebody contacts FIPR fast to tell them about the draft and ask for their analysis, especially
Ian Brown (ian (at) fipr.org) Rachel Kramer (couldn't find her email) Martin Keegan (mk (at) ukcdr.org)
James Heald j.heald@ucl.ac.uk writes:
Does anybody know whether there is an EUCD 'compare and contrast' page
The page on Ireland dates from before anyone had seen the draft.
Suggest somebody contacts FIPR fast to tell them about the draft and ask for their analysis, especially
Ian Brown (ian (at) fipr.org) Rachel Kramer (couldn't find her email) Martin Keegan (mk (at) ukcdr.org)
I'll talk to Martin Keegan later today but people with knowledge of the Irish Copyright Act of 2000 are the most useful.
(currently reading Ben's mail)
Ciaran O'Riordan wrote:
I'll talk to Martin Keegan later today but people with knowledge of the Irish Copyright Act of 2000 are the most useful.
A general question, sorry if it is dumb:
How does the 2000 act affect us here? (I am not implying that it doesn't, I am just asking how it does ;)
Wouldn't any additional restrictions imposed by the Irish EUCD implementation override any specific "fair dealing" provisions in the 2000 act?
In other words, even if the ICA2000 specifically states that the law does not prevent fair dealing, this wouldn't necessarily prevent a later law from protecting technologies that (among other things) prevent fair dealing?
I guess this is the gist of the point I am trying to make in this thread.
Ian.
Ian Clarke ian@locut.us writes:
Ciaran O'Riordan wrote:
I'll talk to Martin Keegan later today but people with knowledge of the Irish Copyright Act of 2000 are the most useful.
How does the 2000 act affect us here? (I am not implying that it doesn't, I am just asking how it does ;)
Implementation of the directive is carried out by amending the 2000 act.
Wouldn't any additional restrictions imposed by the Irish EUCD implementation override any specific "fair dealing" provisions in the 2000 act?
The directive is of no consequence to the Irish people. All that matters is Irish law.
A directive is a set of requirements for our laws. We implement the directive by changing our law to fulfil these requirements. So no text from the directive is require to be added directly to our law books. This leaves room for interpretation.
In other words, even if the ICA2000 specifically states that the law does not prevent fair dealing, this wouldn't necessarily prevent a later law from protecting technologies that (among other things) prevent fair dealing?
This is probably a trickle-down misunderstanding cleared up at the top of this mail, but the important thing is that after implementing the EUCD, there will (still) only be one law for copyright in Ireland.
So there is no "later law". Just the ICA2000. The debate is over what changes we should make to the ICA2000 in order to comply with the EUCD.
(the draft implementation is a patch for ICA2000)
Ciaran O'Riordan wrote:
(the draft implementation is a patch for ICA2000)
Gotchya ;-)
So this may still leave open the question:
Even if one part of the ICA2000 explicitly states that it does not restrict fair dealing, that still wouldn't necessarily prevent another part from protecting technology that restricts fair dealing.
I mean, it *should* be a contradiction, but from my limited knowledge of how the law works, one cannot rely on leaps of deductive reasoning in interpretation of the law.
Ian.