[Fsfe-ie] Enforcement Directive mark two
david.ocallaghan at cs.tcd.ie
Wed Jul 13 13:29:43 CEST 2005
On 13/07/05 11:43, teresahackett at eircom.net wrote:
> This is a Commission proposal introducing criminal sanctions for IP
> infringements under the "correct" legal basis, aka IPR Enforcement
> Directive Mark Two.
My immediate reaction is that copyright, trademark or patent
infringements should be treated as civil matters and not as criminal
activities. The complainant must make their case that a particular
alleged infringer has in fact infringed on their rights/privileges.
Turning these infringements into crimes is an expensive form of
"corporate welfare", which shifts the burden of pursuing infringement
cases from the individuals and organisations involved to police and
> It applies to all types of infringements and no
> financial benefit is required by the "commercial scale" standard. It has
> been described as a worse threat to free software than software patents.
> FFII and others have been alerted.
"Commercial scale" sounds extremely vague to me, especially when
combined with the "aiding or abetting and inciting" clause. If someone
releases some software that could be used on a "commercial scale" to
copy data CDs (the unix dd command, for example) then they would appear
to be liable.
I'm no fan of organized crime, but I think it's unfair to weight the
laws so strongly in favour of the copyright, trademark or patent
holders. This law could be used to define a company producing generic
medicines without a patent licence as a "criminal organization".
I don't know how this directive should be written to specifically target
what most of us think of as "organized crime".
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