[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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