[Sheflug] EC Copyright Directive consultation paper - a review

[Richard Ibbotson <xxxxx [at] xxxxxxxxxxxxx>]

Hi

Paul Mobbs sent this in to the Oxlug list earlier today.  At the 
bottom of his message he says >>"Also, feel free to forward this 
email."<<

So, this is his e-mail forwarded to our list....


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Date: Tue, 13 Aug 2002 14:02:31 +0100
From: Paul Mobbs 
To: oxlug

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Hi,

GreenNet have agreed to fund me to do a very small amount of work on
 the DTI/Patent Office consultation paper on implementing the new EC
 Directive on copyright.

I've put my initial thoughts online, in HTML and PS/PDF, at:
http://www.fraw.org.uk/docs/consultation_review.html
http://www.fraw.org.uk/docs/consultation_review.pdf


The review is an initial reading of the consultation paper in order
 to pull-out the key issues. It is not intended to define a
 particular response on behalf of any particular interest group.

Re: recent discussions on "is this the UK's version of the DMCA", in
 my view it isn't. It hits ordinary users of information far harder
 than more specialist computer users. This is because computer
 software and databases are actually *exempted* from the terms of the
 directive (read the small print). But mainly because it seriously
 interferes with the traditional 'fair dealing' provisions that
 restrict copyright over certain types or quantities of information.
 It also potentially affects academic and journalistic freedoms to
 quote and critically review information.

I think this actually has far more interesting civil
 liberties/passive surveillance issues, because of the proposals to
 permit monitoring of digital copyright over networks, and to make it
 potentially criminal to interfere with such monitoring (e.g., using
 a two-way firewall, anonymising/proxying your connection, etc.).


The key points of the review are:

#The implementation of the Directive does not create a tight
 copyright control over computer software/databases, as that's
 already been done under other European legislation.

# The Directive does create a strict system of control for all other
non-software/database digital information. This is one of the most
 damaging aspects of the new legislation because it could restrict
 the 'fair dealing' conditions of existing copyright law.

# Certain breaches of copyright become criminal offences rather than
 just civil offences.

# The tracking of the use of information online will be legally
 enabled, and any measure to counteract such tracking could be a
 criminal offence. This potentially enables a system of online
 surveillance far superior to ordinary network logging.


If you'd like to network a little more on these issues, please get in
 touch.

Also, feel free to forward this email.


P.


- - --
- - -------------------
Paul Mobbs, Mobbs' Environmental Investigations,
3 Grosvenor Road, Banbury OX16 5HN, England
website - http://www.fraw.org.uk/mobbsey.html
public key - http://www.fraw.org.uk/keylist.html

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