http://www.ipred.org/MainPage (the first block).
Patents are out, so the entire EU software industry will not be
criminalised overnight. However the text about "inciting" remains, so
presumably also does the "aiding and abetting" part. The JURI definition
of "commercial scale" also went through; this may or may not protect
individual consumers using filesharing.
So potentially: (IANAL!)
- Developing freenet is aiding, abetting and/or inciting copyright
infringement, and will be illegal, and imprisonable.
- Running it likewise.
- Inciting somebody to run a node might conceivably be covered.
- As might providing tools that can be used for copyright infringement
(e.g. operating systems which don't have all of Vista's crippleware
may be regarded as inciting infringement, if we are very unlucky).
- The definition of "commercial scale" is attacked by FFII and libraries
as weak, so we'll see whether it protects downloaders.
- However existing "liability systems" allowed for ISPs are preserved:
Directive 2000/31/EC. For a node operator to hide behind art 12's "mere
conduit" status this they would have to a) provide their name, physical
address and email address to users and competent authorities (art5(1);
no idea how the latter point is implemented), and b) remove and block
keys on demand (art 12, 13, 14). Not doing so would presumably remove
them from this system and subject them to IPRED2's criminal penalties.
(Incidentally this appears to allow for compelling an ISP to block
access to a specific website).
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32000L0031&model=guichett
Timeline: IPRED2 still has to go through the Council. It might have to
go all three readings, or it might be passed quickly. Once it has
passed there will be 18 months for member states to implement it.
More information:
http://press.ffii.org/Press_releases/Carte_Blanche_criminal_law_a_threat_to_innovation
And links from there. And see the below first.
----- Forwarded message from Ante Wessels <ante@???> -----
From: Ante Wessels <ante@???>
To: ipred2@???
Cc: bxl@???
Subject: Legal certainty,
the young generation and innovation at stake in the European Union
initial reaction, after the EP vote:
http://www.ipred.org/MainPage
vriendelijke groet,
cordialmente,
Ante
----- End forwarded message -----
