[SWLUG] Fwd: EC Copyright Directive consultation paper - a review

[Neil Jones]

Interesting!

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Subject: EC Copyright Directive consultation paper - a review
Date: Tue, 13 Aug 2002 14:12:25 +0100
From: Paul Mobbs <mobbsey at gn.apc.org>
To: mobbsey at gn.apc.org


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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.


- - --
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"We are not for names, nor men, nor titles of Government, nor are we for
this party nor against the other but we are for justice and mercy and
truth and peace and true freedom, that these may be exalted in our nation,
and that goodness, righteousness, meekness, temperance, peace and unity
with God, and with one another, that these things may abound."
(Edward Burroughs, 1659 - from 'Quaker Faith and Practice')


Paul Mobbs, Mobbs' Environmental Investigations,
3 Grosvenor Road, Banbury OX16 5HN, England
tel./fax (+44/0)1295 261864

email - mobbsey at gn.apc.org
website - http://www.fraw.org.uk/mobbsey.html
public key - http://www.fraw.org.uk/keylist.html

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Neil Jones- Neil at nwjones.demon.co.uk http://www.butterflyguy.com/
NOTE NEW WEB ADDRESS
"At some point I had to stand up and be counted. Who speaks for the
butterflies?" Andrew Lees - The quotation on his memorial at Crymlyn Bog
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