European Parliament must prevent criminalisation of software vendors and users
FSFE criticises the proposed "second Intellectual Property Enforcement Directive" (IPRED2) for sweeping criminalisation across various areas of law and loosely described areas of activity, including for 'attempting, aiding or abetting and inciting.' The proposed text criminalises these acts for infringement of many dissimilar laws including copyright, trademark, and patents. "This threatens" according to a press release of FSFE "to introduce intimidating degrees of punishment to activities which individuals, community-based projects, and other small to medium-sized groups participate in - groups that may not have sufficient money or lawyers to defend their rights in court."
"The proposed text greatly increases the number of criminalised activities and is very unclear on where the limits are", explains Ciaran O'Riordan, FSFE's Brussels Representative, and continues "we understand criminal sanctions might form a useful part of consumer protection and can deter and help prosecution of cases of counterfeit pharmaceuticals or equipment that could create public safety risks. But it is obvious that applying the same sanctions to publishers and software developers is completely unnecessary and is harmful for society."
The Directive will be voted on next week when the MEPs are in Strasbourg. If member states already have such consumer protection laws in place, then rejecting the Directive outright would also be a good option.
"This directive targets users, distributors, developers and publishers of software in general, including those of Free Software," explains Georg Greve, President of FSFE. "In combination with the lack of a strong directive against software patentability, the directive would create incalculable risk for all participants of the information society."
In a broad coalition with FFII, EFF, EBLIDA, and BEUC, FSFE calls on all participants of the information society in EU member states to support the joint amendments published on FFII's site. FSFE's open letter has been sent to MEPs in six languages so far.
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a non-profit non-governmental organisation active in many European countries and involved in many global activities. Access to software determines participation in a digital society. To secure equal participation in the information age, as well as freedom of competition, the Free Software Foundation Europe (FSFE) pursues and is dedicated to the furthering of Free Software, defined by the freedoms to use, study, modify and copy. Founded in 2001, creating awareness for these issues, securing Free Software politically and legally, and giving people Freedom by supporting development of Free Software are central issues of the FSFE.
[1] http://fsfeurope.org/projects/ipred2/letter-april-2007.en.html
-- Joachim Jakobs <jj@office.fsfeurope.org Media Relations - FSF Europe (http://fsfeurope.org) Tel: +49 700 - 373387673, Ext.: 404 Mobile: +49-179-6919565
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