[Fsfe-ie] Copyright Developments

David O'Callaghan david.ocallaghan at cs.tcd.ie
Sat Jun 19 20:39:29 CEST 2004

Hi All,

Walking past the RDS today I noticed a sign for "Copyright for
Creativity in the Enlarged European Union: Profile, Perception,
Awareness" on June 20-22. This is an EU presidency event. There will be
debate on rights management, WIPO, etc. More information on the entemp
I'll see if I can pop in tomorrow, but don't expect to have time on
Monday or Tuesday.

While I was there I noticed some disturbing Orders in the works:

Copyright and Related Rights (Notice of Seizure) Order 2004

This allows a copyright holder (or rather someone claiming to be a
copyright holder!) to seize allegedly illegal copies, illicit recordings
or protection-defeating devices. Apparently the claimant simply has to
notify the Garda that he is going to make a seizure, and the victim must
then apply to the district court for his property to be returned.

This has many problems: the victim is assumed to be guilty; it
effectively puts the law into the hands of the copyright claimant; and
there's a great chance of "denial of service", i.e. making a seizure
under this Order just to make things difficult for the victim. As far as
I can see, at least within the order itself, there is no way to deal
with abusive seizures.

The next one is:

Copyright and Related Rights (Notify and Take Down) Order 2004

This is has similarities with the Order above, and with the DMCA
takedown stuff. Again a copyright claimant can get an ISP or other
facilitator to remove allegedly illegal copies or illicit recordings.
Again (it appears to me) the facilitator and victim are assumed guilty
and must prove their innocence.

I'll have a go drafting a response for the IPU of Entemp, but others
with more experience please have a look and give your opinions.

The drafts of these Orders are also available from



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