[Fsfe-ie] New Draft

teresahackett at eircom.net teresahackett at eircom.net
Sat Dec 13 17:49:54 CET 2003

Hello Ian,

These regulations are the Irish govt implementation of the EUCD. They cannot change the provisions of the EUCD, these were decided 3 years ago. Unfortunately, circumvention of TPMs is illegal in the EUCD (like the DMCA). So, if they keep section 374 as it is (and as we would like), they are probably implementing the directive incorrectly and will most likely be brought to court by the Commission (see http://europa.eu.int/comm/internal_market/en/intprop/infr/index.htm for past infringements e.g. Ireland were taken to the ECJ for incorrect implemention of the lending right directive). So, our only effective course of action to change this is to influence the review of the EUCD, which is supposed to happen after 3 years (but the review of the database directive was 3 years late). There are people working on the review already. We should of course still say exactly what we want, but in the meantime, we must call for an improvement of what's on offer. The battle is not over...


Ian Clarke <ian at locut.us> wrote:

> Hmmm, so are we conceding defeat on the anti-circumvention issue?
> So far as I can see, the litmus test of whether we have succeeded or 
> failed is whether DeCSS would be illegal in Ireland after ICA2000 is 
> modified.  Are we now accepting that it would be illegal and there is 
> nothing we can do about it?
> Ian.
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Teresa Hackett
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