Those members living in the EU might want to review these amendments (PDF) to the Second Intellectual Property Rights Enforcement Directive (IPRED2) 2005/0127 (COD) that have been produced by a coalition of groups representing librarians, consumers and innovators. The main thrust of the coalition’s amendments would:
- LIMIT the scope of IPRED2 to true criminal enterprises, involving copyright piracy and trademark violations done on a commercial scale, with malice and the intention of earning a profit from the enterprise, rather than criminalizing all intellectual property infringement as the current directive does;
- AVOID creating an unprecedented scope of secondary liability for Internet intermediaries, ICTs, software vendors and a range of legitimate business activity, by removing the words “aiding or abetting and inciting” from Article 3.
- PROVIDE LEGAL CERTAINTY by adopting precise and appropriate definitions of “on a commercial scale” and “intentional infringement” in Article 2 as commercial activity done with the intent to earn a profit directly attributable to the infringing activity.
If you agree with them you should write your MEPs and ask them to support these amendments. ASAP as they will be voting on the 24th April!
One area that concerns me is how many P2P technologies might come under the heading of ‘intermediaries’ and might be inhibited because of fears of secondary liability.