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Copyright

Finish CSS decision overturned

4 June, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The Helsinki Court of Appeal overturned the initial decision taken by the Helsinki District Court ruling that Content Scrambling System (CSS) used in DVD movies is "ineffective".

The decision of the Court of Appeal was taken a year after the first ruling concluded that "CSS protection can no longer be held 'effective' as defined in law."

The defendant's counsel Mikko Välimäki explains on his blog that the Appeal Court said that circumventing an access control would have been lawful. But the court considered that the defendants circumvented a full copy protection system (CSS), not just an access control, which is actually wrong.

Also Välimäki points out that the court considered that "it is ok to

Microsoft appeals the EC fine but faces even more complaints

21 May, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

While new accusations have been brought to Microsoft, the giant company announced on 9 May 2008 that it has appealed, at the Court of First Instance in Luxembourg, the 899 million euro fine imposed in February 2008 by the European Commission (EC) for having abused its dominant position on the market.

"We are filing this appeal in a constructive effort to seek clarity from the court," was the company's statement. The basic question of the dispute is the way in which patents and interoperability protocols are licensed by Microsoft to competitors. In February, Microsoft announced a series of interoperability initiatives that would provide more interoperability between Microsoft's products and those of competitors, including publishing

ENDitorial: Will France Introduce the Digital Guillotine in Europe?

23 April, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Ever since DADVSI, the French implementation of the European Copyright Directive, Internet users in France have faced increasingly disproportionate threats of punishment for claims of copyright infringement. The latest scheme promoted by the content industry against unauthorized sharing of music and films on Internet is called "flexible response" or "three strikes, you're dead".

The principle is simple: repeated infringements result in getting cut off from the Internet. A claimed copyright infringer is identified by automated Internet traffic filtering and by a rightsholders' denunciation. After a complaint to the ISP, a letter is sent warning the alleged infringer that he might be being cut off from the Internet. In the

Changes in the German copyright law

23 April, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The extension of the copyright law aimed at fighting illegal file-sharing adopted on 11 April 2008 by the German Government creates concerns on how the p2p-related lawsuits will be considered under the new law.

The new text forces the ISPs to reveal the names and IP addresses of the file sharers. However, some lawyers warn that the procedure is limited by conditions that could turn against the music industry in court procedings .

The present procedure is as follows: industry detectives report the IP numbers of file sharers to the German police who traces the suspects and prosecutes those who offer more than 1000 tracks. However, the industry can demand the police files of all file sharers and

ENDitorial: CoE - The Good, the Bad and the Ugly

9 April, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The 9th meeting of the Council of Europe (CoE) group of specialists on Human Rights in the Information Society (MC-S-IS) was held in Strasbourg from 31 March to 2 April 2008. At the same time, on 1-2 April, another division of the CoE was holding in a building across the street its 2008 Octopus conference on cooperation against cybercrime. This schedule overlapping is not the only sign that CoE's left hand seems to ignore what its right hand is doing: different divisions are also addressing same issues, though from different points of view and with different results.

It happened this time with the guidelines for Internet Service Providers (ISPs). While the Octopus conference was discussing and then adopting its

ENDitorial: The battle for Sound Copyright

12 March, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Commissioner Charlie McCreevy's announcement in February 2008 that he proposes to nearly double the term of copyright protection for sound recordings from 50 to 95 years came as a shock to UK digital rights campaigners. Back in 2006, here in the UK, the case against copyright term extension was robustly made - by campaigners such as my organisation, the Open Rights Group, and more importantly, by economists from one of the UK's leading universities. It led to a firm commitment from our Government that they would never seek to extend copyright term retrospectively.

There is no case for copyright term extension. Term extension would reduce, yet again, the size of the public domain, harming public

EDRi's Statement at WIPO SCCR

12 March, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

On 11 March 2008 Ville Oksanen, representing EDRi at the WIPO SCCR, made the following statement on the agenda item related to limitations & exceptions:

"European Digital Rights, EDRI, represents 28 privacy and civil rights organisations from 17 different countries in Europe. As this is the first time EDRI takes the floor, we'd like to congratulate you and your vice chairs on your election.

Not surprisingly, we are strongly in favour of starting the work that would hopefully lead to new international instrument on limitations and exceptions of copyright. EDRI therefore warmly supports the proposal presented by the honourable delegate of Chile.

However, EDRI firmly believes that any new instrument should have also

MEP pressures for criminalizing copyright infringements

27 February, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Nicola Zingaretti, Socialist Member of the European Parliament (MEP) asked the EU member states to speed up the plan to criminalise copyright infringement that was first proposed in 2005 and agreed upon in 2007. The implementation of the EU Intellectual Property Rights Enforcement Directive (IPRED2) creating new rules on copyright protection would require the Member States to pass laws that would penalise the infringement of intellectual property rights.

At the beginning of February, Nicola Zingaretti, who was in charge of the adoption of the new rules and a supporter of IPRED2, sent a letter to the European Council asking member states to take "urgent action" to address the

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