[Linux-bruxelles] [Fwd: URGENT Request for help to oppose EU IPR Enforcement Directive]
Jérôme Warnier
jwarnier at beeznest.net
Jeu 4 Mar 20:38:12 CET 2004
-----Message transféré-----
> From: Robin Gross <robin at ipjustice.org>
> To: Robin Gross <robin at ipjustice.org>
> Subject: URGENT Request for help to oppose EU IPR Enforcement Directive
> Date: Thu, 04 Mar 2004 07:43:12 -0800
>
> Dear colleagues,
>
> Since you are a European leader in the Linux users community, I am
> writing to you on behalf of the Campaign for Open Digital Environment
> (CODE) to request your assistance in publicizing a digital rights rally
> to oppose the European Union Intellectual Property Rights Enforcement
> Directive.
> http://www.ipjustice.org/CODE/
>
> The digital rights rally is set for Monday, 8 March in Strasbourg at the
> EU Parliament Building from 16:30-18:30 as MEPs enter to debate the
> proposal.
>
> I hope you can attend this rally, encourage your colleagues to attend
> this rally, and help to spread the word about it.
> http://www.ipjustice.org/CODE/rally.shtml
>
> This directive endangers consumers' traditional rights and would permit
> recording industry executives to raid and ransack the homes of alleged
> P2P file-sharers. Please see (below) the CODE media release:
> http://www.ipjustice.org/CODE/release20040302_en.shtml
>
> Also, it is *urgent* that people contact MEPs *TODAY* and urge them to
> sign-on to a set of amendments that would protect consumers' privacy
> rights and narrow the directive to only commercial infringements. These
> amendments were drafted by FFII/FIPR/EDRi and proposed by MEP Marco
> Cappato. Several more MEP signatures are needed by 10am on Friday (5
> March) to table these amendments for the final vote next week. The
> amendments can be viewed at:
> http://www.ffii.org.uk/ip_enforce/andreas2.html
> http://www.ipjustice.org/CODE/FIPR_Cappato_Amendments.doc
>
> Additional MEPs should contact Cappato's office directly (+32 (0) 2 284
> 7496) < mcappato at europarl.eu.int> to lend their support as he is busy
> collecting signatures now. If you can, please act on this immediately.
>
> Please do not hesitate to contact me or any of the organizers (listed at
> the end of this email) if you have questions or suggestions for this
> rally. Thank you very much for whatever assistance you can lend to this
> campaign.
>
> Peace,
> Robin Gross
> IP Justice Executive Direcor
> (robin at ipjustice.org)
>
> ~~~~~~~~~~~~~~~~~
>
> March 2, 2004 IP Justice Media Release
>
> Consumer Rights Rally at EU in Strasbourg on 8 March:
> Coalition Urges Rejection of Controversial EU IP Directive
>
> An international coalition of civil liberties and consumer rights groups
> are holding a digital rights rally and press conference to oppose the
> controversial European Union Intellectual Property Rights Enforcement
> Directive on the eve of its final vote in EU Parliament.
>
> The meeting is set for 8 March, 2004 in Strasbourg, France, where a
> broad coalition will urge EU Members of Parliament to reject the
> controversial directive due to its excessive treatment of users and
> consumers for minor and non-commercial infringements.
>
> Members of the Campaign for an Open Digital Environment (CODE) including
> IP Justice, European Digital Rights (EDRi), the Foundation for
> Information Policy Research (FIPR), the Foundation for a Free
> Information Infrastructure (FFII) and others have joined to rally
> against the EU IP Enforcement Directive.
>
> Consumers oppose this directive because it treats them as if they were
> large commercial counterfeiters – even for a single, unintentional,
> non-commercial infringement. The powerful new enforcement provisions it
> creates to combat infringement apply even to people who believed their
> activities were lawful.
>
> First introduced in January 2003 by the EU Commission, the proposed EU
> IP Rights Enforcement Directive has undergone a complete re-drafting
> behind closed doors in so-called informal trilogue meetings chaired by
> French MEP and Rapporteur Janelly Fourtou. Mrs. Fourtou has, together
> with the Council, now placed the Directive on a fast-track approval
> process, which schedules adoption by the EU Council only four days after
> the publication of the amendments for the EU Parliament's Plenary.
> Public consultation has been sacrificed in an attempt to pass a disputed
> piece of legislation in a "First Reading" procedure, which is intended
> for uncontroversial reports, when the directive should be fully debated
> in a "Second Reading" procedure.
>
> Consumers and users from all over the EU are invited to attend the
> meeting in Strasbourg on 8 March to support upholding traditional civil
> liberties against the over-zealous enforcement of intellectual property
> rights. The meeting will be held just outside the EU Parliament Building
> at 16:30-18:30, when the Members of Parliament arrive for the evening’s
> debate. More details about the 8 March meeting and press conference at
> the EU will be announced as they become available at
> http://www.ipjustice.org/CODE/rally.shtml
>
> Top 8 Reasons to Reject the EU IP Rights Enforcement Directive:
>
> 1. The directive’s scope is much too wide: it should be limited to
> intentional commercial infringements only. Certain types of intellectual
> property rights such as patents should be excluded in their entirety
> from the scope of the directive.
>
> 2. The directive lacks balance and proportionality since average
> consumers face the same treatment as major commercial counterfeiters for
> minor infringements with no commercial impact.
>
> 3. The proposal provides no definition for "intellectual property
> rights", although the directive applies to all types of intellectual
> property. Since EU Member States define "intellectual property rights"
> differently, it is unclear which rights actually apply.
>
> 4. The directive permits Hollywood attorneys to hire private police
> forces to invade the homes of alleged infringers. Known as Anton Piller
> orders, these measures were previously only available in extremely rare
> cases in the UK against large commercial infringers. But the directive
> permits rightsholders to carry out these private raids against citizens
> throughout the EU for minor infringements that involve no financial
> motivation or benefit at all.
>
> 5. Mareva injunctions, which permit rightsholders to freeze the
> bank accounts and other assets of alleged infringers before a court
> hearing, become EU law under this proposal.
>
> 6. The directive creates a new "Right of Information" that allows
> rightsholders to obtain personal information on users of Peer-2-Peer
> (P2P) file-sharing software. Similar broad subpoena powers created under
> the controversial US Digital Millennium Copyright Act have been abused
> by the recording industry to obtain personal information on thousands of
> consumers in the US.
>
> 7. An Internet Service Provider’s (ISP’s) servers and equipment can
> be seized and destroyed without any hearing for the allegedly infringing
> activity of their customers.
>
> 8. Directives of this importance must undergo adequate debate and
> consideration by the entire EU and not be rushed through on a "First
> Reading." This proposal should properly be sent into a "Second Reading"
> where its controversial provisions can be publicly considered.
>
> Media Contacts:
>
> IP Justice/CODE: Robin Gross
> robin at ipjustice.org
> phone: +1 415 553 6261
>
> FFII: James Heald
> j.heald at ffii.org.uk
> phone +44 14 83 57 51 74
> mobile +44 77 89 10 75 39
>
> FIPR: Ian Brown
> ian at fipr.org
> mobile +44 79 70 16 45 26
>
> EDRi: Andreas Dietl
> brussels at edri.org
> phone +32 2 660 47 81
> mobile +32 498 34 56 86
>
> More information and commentary available at http://www.IPJustice.org/CODE/
>
> This page: http://www.IPJustice.org/CODE/release20040302_en.shtml
>
>
>
--
Jérôme Warnier
Consultant
Beeznest
http://beeznest.net
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