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Intellectual Property Enforcement

IPR Enforcement Report - Second Exchange of Views on the EP

18 November, 2009
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This article is also available in:
Deutsch: Durchsetzungsbericht der IPR – zweiter Meinungsaustausch im EP


A discussion on the IPR Enforcement report took place in the European Parliament (EP) on 9-10 November 2009. At the beginning of the discussion, the Parliamentarian in charge of the dossier, Marielle Gallo (EPP, France) gave details of the current timetable for the dossier. The presentation of the draft report is estimated for 27-28 January 2010, while the deadline for amendments is 6 February.

Spain will not apply a three strikes law

18 November, 2009
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This article is also available in:
Deutsch: Spanien wird kein Drei-Treffer-Gesetz anwenden


As a ray of sunshine in a European environment favouring the disconnection of Internet users downloading allegdly copyrighted material, Spain (that will hold the EU Presidency from 1 January 2010) and Germany have decided not to join France and UK in promoting three strikes laws.

On 5 November 2009, the Spanish culture Minister Angeles González-Sinde stated during a TV show that the government "is not considering punitive measures for the end user of Internet" and that what needs to be done first was to "attack the origin of all these products that are on the Web sites, as well as those who benefit from them."

The minist

Free as in Free Culture

5 November, 2009
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This article is also available in:
Deutsch: Frei wie in freie Kultur


Free Culture Forum (FCF), organized by the Spanish NGO Exgae together with Networked Politics and the Free Knowledge Institute turned Barcelona in the capital of free culture for 3 days.

France: Second version of the three strikes law is in place

5 November, 2009
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This article is also available in:
Deutsch: Frankreich: Die zweite Version des Drei-Treffer-Gesetzes ist durchgese...


In a disappointing decision in comparison with its initial assessment on the first three strikes law (called HADOPI 1), on 22 October 2009, The French Constitutional Court validated the three strikes law with only one minor change.

The so-called Hadopi 2 law that was recently passed through both French chambers was referred to the Constitutional Council by the opponents of the law in the hope that the Court will once again find the text as unconstitutional as it did in June 2009.

This time, the Court failed to acknowledge the infringement of several liberties rights such as the right to due pro

Three strikes plans in UK

5 November, 2009
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This article is also available in:
Deutsch: Pläne für ein britisches Drei-Treffer-Gesetz


Europe seems to take no notice of the strong opposition against measures to cut down Internet access.

ENDitorial: ACTA revealed, European ISPs might have a big problem

5 November, 2009
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This article is also available in:
Deutsch: ENDitorial: ACTA enthüllt, europäische Internet-Service-Provider dü...


Negotiations on the highly controversial Anti-Counterfeiting Trade Agreement have started in Seoul, South Korea. This week's closed negotiations will focus on "enforcement in the digital environment." Negotiators will be discussing the Internet provisions drafted by the US government. No text has been officially released but as Professor Michael Geist and IDG are reporting, leaks have surfaced. The leaks confirm everything that we feared about the secret ACTA negotiations.

The Pirate Bay may be banned in Italy

7 October, 2009
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This article is also available in:
Deutsch: The Pirate Bay könnte in Italien verboten werden


An appeal won on 24 September 2008 against the decision of the Italian court enforced on 10 August 2008 ordering the seizure of The Pirate Bay (TPB) in Italy, has been reversed by the Italian Court of Cassation.

The Order of the Justice for preliminary investigation of the Court of Bergamo issued on in August 2008 was asking for the "seizure" of the PirateBay website for displaying links to allegedly illegal duplicated material and was forcing Italian ISPs to block the access to that site. Following the EDRi-member ALCEI report to the Italian Data Protection Authority showing violations of the law in the seizure order, the

Deja-vu: France's three-strikes law referred to Constitutional Council

7 October, 2009
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This article is also available in:
Deutsch: Deja-vu: Frankreichs 3 Treffer-Gesetz an den Verfassungsrat weitergele...


As expected, on 28 September 2009 the socialist group of the French National Assembly submitted their referral to the Constitutional Council against the second version of the three strikes law (so-called Hadopi 2) passed in September through both chambers of the French Parliament.

The text of the referral, obtained exclusively by Liberation, challenges the law article by article.

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