[Ecommerce] Excellent EDRI-gram newsletter - Number 4.3, 15 February 2006
Manon Ress
manon.ress@cptech.org
Wed Feb 15 21:04:02 2006
I snipped from this excellent EDRI newsletter but there are a lot of
interesting stories in this issue.
Manon
From: "EDRI-gram newsletter" <edrigram@edri.org>
Date: February 15, 2006 11:03:20 AM EST
To: <edri-news@edri.org>
Subject: EDRI-gram newsletter - Number 4.3, 15 February 2006
biweekly newsletter about digital civil rights in Europe
Number 4.3, 15 February 2006
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
Contents
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
EDRI-gram in Macedonian
1.Government communication illegally wiretapped in Greece
2. European Commission starts antitrust procedure against CISAC
3. Dispute over data retention costs in Czech Republic
4. French Big Brother Awards 2006
5. Worldwide overview of freedom of information laws
6. No private copy for DVD in France?
7. DVD circumvention device released in Ireland
8. Civil Rights and Consumer Protection in ICANN's policies
9. Recommended reading
10. Recommended action : European Commission Consultation on IPv6
11. Agenda
12. About
SNIP
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
2. European Commission starts antitrust procedure against CISAC
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
The European Commission has decided to open formal proceedings
against the
International Confederation of Societies of Authors and Composers
(CISAC)
and its individual national members and has sent them a Statement of
Objections, as a first step in antitrust investigations
The Commission objects to parts of the contracts closed amongst
national authors and composers societies. Bilaterally the societies
close agreements on internet, satellite and cable transmissions.
The Commission is concerned that the royalty collectors are trying, by
various methods, to ensure that each of them maintain exclusive
access to
broadcast royalties in the countries they operate. This might
infringe on
the prohibition of restrictive business practices in the EC Treaty.
The occurrence of a network between the collecting societies by means of
these interlocking agreements ensures the collective societies a
monopoly on
their domestic markets and prevent the new entrants from getting into
the
copyright management market.
The contracts also include membership restrictions obliging the
authors to
transfer their rights only to their own national collecting society
as well
as territorial restrictions obliging the commercial users to get a
license
only from the domestic collection society, limited to the domestic
territory.
CISAC has two months to present its defence in writing.
The procedure looks like a logical follow-up to the decision in 2005 to
create one European internet rights clearinghouse for internet content
providers. The Commission concluded that the current territorial system
"is a source of considerable inefficiency" and proposed a serious
reform.
Following these actions the Belgian and Dutch music copyright collecting
societies, SABAM and BUMA, announced last year their intention to
drop their
claims of national exclusivity on the licensing of online rights.
Competition: Commission sends Statement of Objections to the
International
Confederation of Societies of Authors and Composers (CISAC) and its EEA
members (07.02.2006)
http://europa.eu.int/rapid/pressReleasesAction.do?reference=3DMEMO/06/63
EC marks copyright monopoly's cards (09.02.2006)
http://www.theregister.co.uk/2006/02/09/ec_probes_cisac/
EDRI -gram NL and BE collecting societies to drop national exclusivity
(24.08.2005)
http://www.edri.org/edrigram/number3.17/onlinemusic
EDRI-gram: Music: commission wants 1 internet clearing house
(14.07.2005)
http://www.edri.org/issues/copyright/collecting
SNIP
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
5. Worldwide overview of freedom of information laws
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
Roger Vleugels, an independent Netherlands-based legal consultant,
published
on 1 February, with the help of the Freedom of Information Advocates
network, a very comprehensive overview of the situation of of freedom of
information laws all over the world.
The document offers a complete image of the adoption of FOI laws in the
world and is structured into 5 lists of countries.
A first list (A) covers the 68 countries where FOI laws has been
approved or
adopted and provides the formal adoption dates, the dates for
entering into
force as well as the name of the law. The countries are listed in
chronological order of adoption, in alphabetical order as well as
grouped on
continents.
List B is a list of countries where FOI law is either not yet in
power or is
pending and list C is a list of countries where nothing has been done in
this direction.
The last list (Z) is a list with countries where the author considers
FOI
laws is applied only in name. In the EU there are three countries still
lacking formal access to information legislation: Cyprus, Luxemburg and
Malta. Besides, the situation in some mini states is unclear: Andorra,
Monaco, San Marino and the Vatican.
The latest news regarding the application of of access to information in
Europe stems from Germany, where a federal FOI law
(Informations-freiheitsgesetz [IFG]) came into force on 1 January 2006
(previously there were in power FOI laws in 4 out of 16 German regions
(Bundesl=E4nder)) and in Macedonia where a brand new FOI law will come
into
power June 2006.
Mr. Vleugels expressed his intention of updating the lists once or
twice a
year and welcomes any comments and corrections.
Overview of FOIA Countries Worldwide (1.02.2006)
'The Fringe'- monthly e-mail newslettter from the Dutch legal advisor
FOI
Roger Vleugels. For subscription send mail to roger.vleugels@planet.nl
(contribution of 24 euro per individual per year).
EDRI-gram : Freedom of information in Germany and the UK (29.05.2005)
http://www.edri.org/edrigram/number3.13/FOI
EDRI-gram : Freedom of Information Act in Macedonia (19.01.2006)
http://www.edri.org/edrigram/number4.1/macedoniafoia
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
6. No private copy for DVD in France?
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
According to information published by the newspaper Les Echos a working
document of the Ministry of Culture on the draft copyright law
excludes the
DVD from the private copy exception.
Representatives of the industry such as SEV (The Audio Edition Union)
consider such an approach will only acknowledge a reality. As Jean-Yves
Mirski, general delegate of SEV put it =AB for the DVD sold in the
commerce
equipped with anti-copying systems, the notion of the private copy
(which is
not a right but an exception) is not applied."
On the other hand consumers associations such as UFC-Que Choisir
think the
draft law also threatens the private copy of CDs and the legal
downloading
of files. Mr. Dourgnon from UFC Que Choisir says the new law will create
confusion between the notion of the private copy and the exclusive
copyright
of an author. The consumer will keep on paying for the private copy when
buying blank CDs and DVDs, while at the same time being restricted by
DRM.
The debate follows a French court decision (in January 2006) protecting
the right to be able to read CDs on any device, in spite of any copy
protection. (See EDRI-gram 4.2)
This is not the first debate about the new draft copyright law that has
raised a lot of controversies after the adoption by the French National
Assembly of amendments that would legalise the exchange of music and
video
files on the Internet, as private copies.
In order to stop criticicism about not having consulted opponents to
the draft law, the Minister of Culture will open a new debate website
on 22
February 2006.
The Minister of Culture would like to forbid copying DVD (in French,
8.02.2006)
http://www.01net.com/editorial/304141/droit-d-auteur/le-ministere-de-
la-culture-souhaiterait-interdire-la-copie-de-dvd/
EDRI-gram : A CD should work on any device, says French court
(2.02.2006)
http://www.edri.org/edrigram/number4.2/privatecopy
DADVSI : one official site for debate (in French, 10.02.2006)
http://www.ratiatum.com/
news2845_DADVSI_un_site_officiel_pour_debattre.html
French Parliament is making the first step in legalising P2P
(18.01.2006)
http://www.edri.org/edrigram/number4.1/frenchp2p
New French debating website (after 22.02.2006)
http://www.lestelechargements.com
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
7. DVD circumvention device released in Ireland
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
SlySoft, a company registered in Ireland, has released software that
allows users to convert their own DVDs to formats they can watch on
mobile phones, Playstation Portables, video iPods and similar devices.
This is one of the first examples seen in the wild of a "circumvention
device" which bypasses the copy restriction technology contained in the
DVD format - something that is illegal under the Irish law
transposing the European Union Copyright Directive of 2001.
Those publishing DVDs now have the right to sue SlySoft for copyright
infringement. Will they risk the bad publicity and possibility that
Irish courts might set a precedent not to their liking?
SlySoft Software
http://www.slysoft.com/en/clonedvd-mobile.html
Guide to the EU Copyright Directive
http://www.fipr.org/copyright/guide/
Irish copyright law
http://www.irishstatutebook.ie/ZZA28Y2000.html (s.370)
http://www.entemp.ie/publications/sis/2004/si16.pdf
(Contribution by EDRI board member Ian Brown)
SNIP
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
10.Recommended action : European Commission Consultation on IPv6
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
As the current generation of the internet will "run out of space"
because of
its lack of addresses, IPv6 -the sixth version of the Internet Protocol-
will succeed and provide a wide range of addresses and services. It will
underpin the convergence process between fixed and mobile, as well as
between data, voice and video. With IPv6, addresses can be assigned
to a new
breed of internet-capable devices -mobile phones, car navigation
systems,
home appliances, industrial equipment and much more. All of these
devices
can be linked together, constantly communicating wirelessly. After
intense
developments and investments, first IPv6 deployments are happening at
European and global level. The European Commission is engaging in a
process
of identifying the hurdles and triggers for IPv6 deployment and
ultimately
to define policies moving forward its wide adoption. As part of this
process, a consultation on IPv6 evolution is now launched (closing
date : 24
February 2006).
http://europa.eu.int/yourvoice/ipm/forms/dispatch?form=3DConsultationIPv6
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
11. Agenda
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
15-17 February 2006, M=E1laga, Spain
Second Open Source World Conference
http://www.opensourceworldconference.com/malaga06/en/modules/wiwimod/
16-17 February 2006, Geneva, Switzerland
Consultation on convening Internet Governance Forum (IGF)
http://www.intgovforum.org/index.htm
20-24 February 2006, Geneva, Switzerland
Provisional Committee on Proposals Related to a WIPO Development Agenda:
First Session
http://www.wipo.int/meetings/en/details.jsp?meeting_id=3D9643
21-22 February 2006, Copenhagen, Denmark
Where to go from Tunis? Implementation of and follow-up to the World
Summit
on the Information Society and the role of Civil Society in this process
http://www.una.dk/wsis
1-3 March 2006, Geneva, Switzerland
WIPO - Open Forum on the draft Substantive Patent Law Treaty (SPLT)
http://www.wipo.int/meetings/2006/scp_of_ge_06/en/
9 March 2006, Hannover, Germany
The RFID Revolution
To address the RFID challenges, and to launch a wide-ranging public
debate,
the European Commission is organising a high-level Conference within the
CeBIT Fair (9-15 March, Hanover, Germany).
http://www.cebit.de/34733?x=3D1
20-21 March 2006, Brussels, Belgium
The Politics and Ideology of Intellectual Property
The TACD conference will provide an opportunity to stand back from
specific
legislative proposals and consider the broader intellectual and
philosophical aspects of the debate.
http://www.tacd.org/docs/?id=3D286
29-30 March 2006, Brussels, Belgium
European Spectrum Management Conference 2006
http://www.epsilonevents.com/pdf/SPECTRUM%20BROCHURE.pdf
27-28 April 2006, Washington, USA
IP Disputes of the Future - TACD
This conference will ask what will be the IP disputes in new fields of
technology, and how advances in biotechnology and information
technologies
will change the nature of IP disputes.
http://www.tacd.org/docs/?id=3D287
2-5 May 2006, Washington, USA
CFP2006
The Sixteenth Conference on Computers, Freedom & Privacy
http://www.cfp2006.org
2-4 August 2006, Bregenz, Austria,
2nd International Workshop on Electronic Voting 2006
Co-organized by Council of Europe (CoE) ESF: European Science
Foundation (ESF) within the project TED: Towards Electronic Democracy
International Federation of Integrated Processing, Working Group 8.5
Information Systems in Public Administration, Vienna University of
Economics and Business Administration. The deadline for contributing
papers is set on 24 February 2006. Students may apply for funds to
attend the workshop until 30 June 2006.
http://www.e-voting.cc/stories/1246056/
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D
11. About
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 21 members from 14 European countries and 5 observers
from 5 more countries (Italy, Ireland, Poland, Portugal and Slovenia).
European Digital Rights takes an active interest in developments in
the EU
accession countries and wants to share knowledge and awareness
through the
EDRI-grams. All contributions, suggestions for content, corrections or
agenda-tips are most welcome. Errors are corrected as soon as
possible and
visibly on the EDRI website.
Except where otherwise noted, this newsletter is licensed under the
Creative Commons Attribution 2.0 License. See the full text at
http://creativecommons.org/licenses/by/2.0/
Newsletter editor: Bogdan Manolea <edrigram@edri.org>
Information about EDRI and its members:
http://www.edri.org/
- EDRI-gram subscription information
subscribe by e-mail
To: edri-news-request@edri.org
Subject: subscribe
You will receive an automated e-mail asking to confirm your request.
unsubscribe by e-mail
To: edri-news-request@edri.org
Subject: unsubscribe
- EDRI-gram in Macedonian
EDRI-gram is also available partly in Macedonian, with delay.
Translations
are provided by Metamorphosis
http://www.metamorphosis.org.mk/index.php?
option=3Dcom_content&task=3Dview&id=3D626&Itemid=3D4&lang=3Dmk
- Newsletter archive
Back issues are available at:
http://www.edri.org/edrigram
- Help
Please ask <edrigram@edri.org> if you have any problems with
subscribing or
unsubscribing.
************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org
Consumer Project on Technology
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.: +1.202.332.2670, Ext 16 Fax: +1.202.332.2673
Consumer Project on Technology
1 Route des Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727
Consumer Project on Technology
24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607