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

James Heald j.heald at ucl.ac.uk
Thu Dec 11 12:12:38 CET 2003

Let's make sure we've thought it through first, and checked in with people
who have gone the whole journey on this in other countries, before we
finalise a submission.

The most important thing about the EUCD, as far as I remember, is probably
not the detailed wording; but instead which of the possible allowed
exceptions Ireland will or will not permit; and what mechanisms are being
put in place for substantive things not specified by the directive -- eg how
to gain 'fair dealing' access to access-protected works.

On both of these it is v. important to be aware of all the possible options
that other countries may have selected instead.


All best,


----- Original Message -----
From: "Ciaran O'Riordan" <ciaran at member.fsf.org>
To: <fsfe-ie at fsfeurope.org>
Sent: Thursday, December 11, 2003 10:06 AM
Subject: Re: [Fsfe-ie] EU direcitves being rushed into Ireland before

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
> >     b 
(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.b 

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

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