[Fsfe-ie] Enforcement Directive mark two

Malcolm Tyrrell malcoh0l at yahoo.ie
Wed Jul 13 14:31:33 CEST 2005

> My immediate reaction is that copyright, trademark or patent 
> infringements should be treated as civil matters and not as criminal 
> activities. The complainant must make their case that a particular 
> alleged infringer has in fact infringed on their rights/privileges. 
> Turning these infringements into crimes is an expensive form of 
> "corporate welfare", which shifts the burden of pursuing infringement
> cases from the individuals and organisations involved to police and 
> customs officials.

If the economic effect is significant enough, then an argument for
centralised policing could be made along the following lines:
1. Companies which produce IP are valuable to the economy.
2. They cannot themselves afford to persue all individuals and
infringing their property.
3. The economic damage due to the infringement of their IP is high.
4. Even though there is a cost attached to policing on their behalf,
the net benefit is positive.

Some hypothetical examples:
* Musician who sells his/her own music on the net cannot afford
to persue everyone who obtains his/her music without paying.
* A small Irish designer clothing company couldn't afford to persue
numerous counterfit outfits importing fake goods ariving
from oversees?

Personally I couldn't care less about designer clothes but, as an
economic balance, such policing might make sense. Please note the
"might", i.e. I'm not saying it does!


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