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View Full Version : Piracy could be legal in Europe as long as it's not for profit


TiE23
04-17-2007, 07:35 PM
http://www.europarl.europa.eu/news/expert/infopress_page/057-4356-078-03-12-909-20070319IPR04284-19-03-2007-2007-false/default_en.htm


Nicola Zingaretti (PES, IT), Parliament's rapporteur, said: "We are turning a new page: this is the first directive where criminal law is included. […] To harmonise criminal codes will be a radical new thing". If approved by Parliament and the Council, the proposed directive would oblige all Member States to consider as a criminal offence all intentional infringements of an intellectual property right carried out on a commercial scale. The text proposes, as a deterrent, measures ranging from fines to imprisonment, according to the gravity of the crime.

Members of the Legal Affairs' committee backed the overall aim of the Commission proposal, while amending some of its provisions. They excluded patent rights from the scope of the Directive, and decided that criminal sanctions should only apply to those infringements deliberately carried out to obtain a commercial advantage. Piracy committed by private users for personal, non-profit purposes are therefore also excluded.

The report aims to ensure that national judicial authorities will always be able to impose sufficiently serious penalties by setting out minimum levels for the upper limits on punishments imposed by national law. In cases of serious crimes committed by a criminal organisation, the maximum penalty must be at least €300 000 and/or four years' imprisonment. The same applies where the offences carry a health or safety risk. For less serious infringements, the maximum penalties should include criminal and civil fines of at least €100 000. In some cases, remedies can include the seizure and destruction of counterfeited goods.

A series of provisions on investigations was also approved. Member States are asked to ensure that the possibility of initiating investigations is not dependent on a formal accusation, at least when acts were committed in the territory of the Member State. Moreover, EU countries, if the directive is adopted, would have to allow holders of violated intellectual property rights to assist investigations undertaken by joint investigation teams.

The proposed directive reflects the Commission's interpretation of the European Court of Justice’s judgment of 13 September 2005. According to the Commission, this ruling allows for measures under the Community method to insist on criminal sanctions, when these are required for the effective implementation of Community law. This view is contested by those who believe criminal law cannot be a competence of the Community - but amendments rejecting the entire proposal on this basis were defeated in the vote.

Dang. Pretty interesting. I should move there...

IG-64
04-17-2007, 09:18 PM
Sounds good to me. X)

BongoBob
04-17-2007, 10:56 PM
*rubs hands together maniacally*

Gooooooood...

:xp:

Samuel Dravis
04-18-2007, 02:50 AM
Unless I'm misreading that, it's not going to be less of an infringement to copy it than now, it's actually being made criminal to copy instead of just being a civil issue like it currently is. Not much of an inprovement in the situation, guys...

Det. Bart Lasiter
04-18-2007, 03:04 AM
Unless I'm misreading that, it's not going to be less of an infringement to copy it than now, it's actually being made criminal to copy instead of just being a civil issue like it currently is. Not much of an inprovement in the situation, guys...
I think it's just piracy for profit/commercial reasons that will be made a criminal matter.

MTV2
04-18-2007, 01:03 PM
it's legal in Canada to some extents, you just can't upload anything, uploading is illegal.

Lightsaberboy
04-18-2007, 04:52 PM
if you can dl illegal stuff but not upload, then how does everything get spread around like for p2p and torrents?

MrWally
04-18-2007, 05:00 PM
Because some people upload illegally :p

tk102
04-18-2007, 05:21 PM
Unless I'm misreading that, it's not going to be less of an infringement to copy it than now, it's actually being made criminal to copy instead of just being a civil issue like it currently is. Not much of an inprovement in the situation, guys...

I agree SD -- this thread's title is misleading. Civil cases regarding piracy appear to remain in effect.

I wonder why criminal sanctions were deemed necessary to enforce copyright law. :confused: It seems a bit draconian and will probably slow technology growth. Good news for lawyers I guess.

Rogue15
04-18-2007, 07:21 PM
i copy most of my cds to my hard drive for easy listening and setting up my own playlists....has this become illegal to do?!

BongoBob
04-18-2007, 07:47 PM
It's not that it's illegal in Canada, from what I understand, it's that Canadians are protected from infringement lawsuits.

TiE23
04-18-2007, 10:45 PM
if you can dl illegal stuff but not upload, then how does everything get spread around like for p2p and torrents?
It's just... there...

Lorden Darkblade
04-19-2007, 11:38 AM
It's just... there...

Oh yeah lol... The archives just magically appear on the internet ready for download!!! ;)

MrWally
04-19-2007, 05:10 PM
Or people just upload it illegally in different countries :p

MTV2
04-19-2007, 07:19 PM
It's not that it's illegal in Canada, from what I understand, it's that Canadians are protected from infringement lawsuits.
it's just really confusing. some say it is totally legal, some say that you can only download audio files. i have yet to see the actual document.

Commander Obi-Wan
04-19-2007, 07:23 PM
The advertise against piracy here in Canada. With commercials and posters, etc saying piracy is illegal.

Hey, as long as it's not for profit. Sounds good to me.

Hallucination
04-20-2007, 12:01 AM
it's just really confusing. some say it is totally legal, some say that you can only download audio files. i have yet to see the actual document.
I looked it up a while ago. Too bad I forgot after an hour.:xp: Whatever, I only download music.

Go Europe! Fight 'The Man'!

MTV2
04-20-2007, 08:18 PM
The advertise against piracy here in Canada. With commercials and posters, etc saying piracy is illegal.

Hey, as long as it's not for profit. Sounds good to me.
really? i've never seen a anti-piracy ad anywhere here. they have the commercial on like all the movies, but thats for america.

Commander Obi-Wan
04-20-2007, 08:22 PM
really? i've never seen a anti-piracy ad anywhere here. they have the commercial on like all the movies, but thats for america.

That commercial is for all of North America. If it was just for America, we wouldn't have seen it. It also depends on where you see the posters and commercials, specifically theatres. Some theatres have that commercial before every movie, some don't.

But, I've seen anti-piracy ads here in there. Specifically on TV.

Negative Sun
04-21-2007, 03:48 AM
if you can dl illegal stuff but not upload, then how does everything get spread around like for p2p and torrents?
P2P doesn't technically upload anything, since other people download it straight of your PC and vice versa, it's more like long distance file sharing, but it's not as if it's hosted on a server...
Not saying that makes it any less illegal, just a nuance.

tk102
04-21-2007, 04:17 AM
If someone is downloading from your computer, you are uploading. Torrents are also a two-way street -- as you download, you are also uploading. Not that any of this is on-topic... :xp:

MTV2
04-21-2007, 06:37 PM
That commercial is for all of North America. If it was just for America, we wouldn't have seen it. It also depends on where you see the posters and commercials, specifically theatres. Some theatres have that commercial before every movie, some don't.

But, I've seen anti-piracy ads here in there. Specifically on TV.
ya, but all the movies we have in canada are coming from the states so that commercial is for the states only. doesn't it like say at the bottom of the ad, "Paid for by the MPAA" or something? i know in theatres they have like don't record movies with a camera, now that is illegal.