WIPO Copyright Treaty - Worldwide DMCA (was: European DMCA)

Claus Färber list-fsf-eu-discussion at faerber.muc.de
Wed Aug 1 18:18:00 UTC 2001

Joao Miguel Neves <joao at silvaneves.org> schrieb/wrote:
> For those who think that Dmitry Sklyarov's arrest was just possible in
> the USA, think again. The "Directive 2001/29/EC of the European
> Parliament and of the Council of 22 May 2001" simply brings DMCA-like
> laws to all the EU space.

Actually, we have to expect the coming of such laws in much more  
countries than just the US and EU members:

The WIPO Copyright Treaty, signed in 1996 in Geneva, includes the  

| Article 11
| Obligations concerning Technological Measures
| Contracting Parties shall provide adequate legal protection and
| effective legal remedies against the circumvention of effective
| technological measures that are used by authors in connection
| with the exercise of their rights under this Treaty or the Berne
| Convention and that restrict acts, in respect of their works,
| which are not authorized by the authors concerned or permitted
| by law.
| Article 12
| Obligations concerning Rights Management Information
| (1) Contracting Parties shall provide adequate and effective
| legal remedies against any person knowingly performing any of
| the following acts knowing, or with respect to civil remedies
| having reasonable grounds to know, that it will induce, enable,
| facilitate or conceal an infringement of any right covered by
| this Treaty or the Berne Convention:
| (i) to remove or alter any electronic rights management
| information without authority;
| (ii) to distribute, import for distribution, broadcast or
| communicate to the public, without authority, works or copies of
| works knowing that electronic rights management information has
| been removed or altered without authority.
| (2) As used in this Article, "rights management information"
| means information which identifies the work, the author of the
| work, the owner of any right in the work, or information about
| the terms and conditions of use of the work, and any numbers or
| codes that represent such information, when any of these items
| of information is attached to a copy of a work or appears in
| connection with the communication of a work to the public. [See
| the agreed statement concerning Article 12]

This treaty was signed by (altough not yet ratified by all of  
them): Argentina, Austria, Belarus, Belgium, Bolivia, Burkina  
Faso, Canada, Chile, Colombia, Costa Rica, Croatia, Denmark,  
Ecuador, Estonia, Finland, France, Germany, Ghana, Greece,  
Hungary, Indonesia, Ireland, Israel, Italy, Kazakhstan, Kenya,  
Kyrgyzstan, Luxembourg, Mexico, Monaco, Mongolia, Namibia,  
Netherlands, Nigeria, Panama, Portugal, Republic of Moldova,  
Romania, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden,  
Switzerland, Togo, United Kingdom, United States of America,  
Uruguay, Venezuela, European Communities (51).

More Info:

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