[Fsfe-ie] EU direcitves being rushed into Ireland before presidency

Ciaran O'Riordan ciaran at member.fsf.org
Thu Dec 11 11:06:00 CET 2003

I got a mail yesterday from Tony McGrath, the guy in charge of
implementing the EUCD/InfoSoc in the Department of Trade, Enterprise,
and Employment.  Our of courtesy, I'd like to send him a mail by
lunchtime today acknowledging his mail.

Due to the short amount of time-to-implementation, I'd like to include a
paragraph summarising what revisions we might be asking for.

So, do I suggest Ian Clarkes rewording for the definition of "protection
defeating device":

 "which has only a limited commercially significant purpose or use other
  than to circumvent a rights protection measure to facilitate the
  infringement of copyright law"

Or is David O'Callaghan right in pointing out that legal access to works
cannot be blocked.

Or is David right, but we should still ask for Ians rewording?

Or should I not say anything?

Note: I haven't read the Irish copyright act of 2000, but some people
have.  So could someone more qualified tell me what to say?


Exerpt highligthed by David O'Callaghan:
> > 5. The Act of 2000 is amended by substituting for section 374
> >    the following:
> >    Rights Protection Measures and Permitted Acts
> >     “(1) Nothing in this Chapter shall be construed as operating to
> >         prevent any person from undertaking the acts permitted -
> >         (a) in relation to works protected by copyright under Chapter 6
> >          of Part II,
> >         (b) in relation to performances, by Chapter 4  of Part III, or
> >         (c) in relation to databases, by Chapter 8  of Part V.
> >            (2) Where the beneficiary has legal access to the
> >             protected work or subject-matter concerned, the
> >             rightsholder shall make available to the beneficiary the
> >             means of benefitting from the permitted act.
> >            (3) In the event of a dispute arising, either party may
> >             apply to the High Court for an order requiring a person
> >             to do or to refrain from doing anything the doing or
> >             refraining from doing of which is necessary to ensure
> >             compliance by that person with the provisions of these
> >             Regulations.”.

Ciaran O'Riordan - http://www.compsoc.com/~coriordan/

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