[Fsfe-ie] EUCD: comparison with other countries' versions ?

Ciaran O'Riordan ciaran at member.fsf.org
Thu Dec 11 13:45:58 CET 2003

Ian Clarke <ian at locut.us> writes:
> Ciaran O'Riordan wrote:
> > I'll talk to Martin Keegan later today but people with knowledge of the
> > Irish Copyright Act of 2000 are the most useful.

> How does the 2000 act affect us here?  (I am not implying that it
> doesn't, I am just asking how it does ;)

Implementation of the directive is carried out by amending the 2000 act.

> Wouldn't any additional restrictions imposed by the Irish EUCD
> implementation override any specific "fair dealing" provisions in the
> 2000 act?

The directive is of no consequence to the Irish people.  All that
matters is Irish law.

A directive is a set of requirements for our laws.  We implement
the directive by changing our law to fulfil these requirements.  So no
text from the directive is require to be added directly to our law
books.  This leaves room for interpretation.

> In other words, even if the ICA2000 specifically states that the law
> does not prevent fair dealing, this wouldn't necessarily prevent a
> later law from protecting technologies that (among other things)
> prevent fair dealing?

This is probably a trickle-down misunderstanding cleared up at the top
of this mail, but the important thing is that after implementing the
EUCD, there will (still) only be one law for copyright in Ireland.

So there is no "later law".  Just the ICA2000.  The debate is over what
changes we should make to the ICA2000 in order to comply with the EUCD.

(the draft implementation is a patch for ICA2000)

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

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