[Fsfe-ie] IFSO response to Commission copyright consultation?

Teresa Hackett teresahackett at eircom.net
Mon Oct 18 21:11:15 CEST 2004

I wonder do IFSO want to respond to the Commission copyright consultation
(deadline 31.10.2004)?

The UK AFFS are drafting a response at

I am involved in the FIPR response to which organisations can sign up to or
use as a base for their own responses.

There are a couple of specific proposals related to the software directive
(1991) to which IFSO may wish to comment.

(1) Decompilation. Proposal: Argument that the scope of Art 6 on
decompilation is too limited and doesn’t meet current market demands. The
Commission upholds the view that the provisions on decompilation are still
valid, but these should be monitored along with technical developments.
Justification: lack of case law and other evidence. Do IFSO agree?

(2) Protection of technical measures. Proposal: Not to introduce the legal
protection of TPMs as in Art 6(1) of the EUCD, even though Art 7 of the
Software Directive doesn’t explicitly provide for protection against
circumvention, and even if this were to be counterbalanced by a mechanism to
ensure availibility of some exceptions, such as in Art 6(4) of the EUCD.
Justification: “
this might in practice inhibit or prevent the application
of the exceptions in the Software Directive”. The Commission believes that
the current Art 7 fulfills the terms of Art 11 of the WCT by providing for
“adequate protection”.
Question: Do IFSO wish to endorse this recommendation and use it in
arguments against Art 6 of the EUCD.

Note: The Commission takes the EUCD as its benchmark, which is the most
recent and also the most horizontal measure in the field of copyright,
reviews four earlier Directives: software Directive (1991); Rental Right
Directive (1992); Term Directive (1993); Database Directive (1996) and
compares these with the EUCD.


PS I plan to be at the meeting tomorrow.

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