[Fsfe-uk] EC Copyright Directive consultation paper - a review

[Paul Mobbs]

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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 - address@hidden
website - http://www.fraw.org.uk/mobbsey.html
public key - http://www.fraw.org.uk/keylist.html

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