[p2p-research] Fwd: [opennetcoalition] Gallo Report: Copyright & patent dogmatism at its worst at the European Parliament

[Michel Bauwens]

---------- Forwarded message ----------
From: Jérémie ZIMMERMANN - La Quadrature du Net <jz at laquadrature.net>
Date: Fri, Jan 29, 2010 at 5:59 PM
Subject: [opennetcoalition] Gallo Report: Copyright & patent dogmatism at
its worst at the European Parliament
To: opennetcoalition at laquadrature.net


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La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/gallo-report-copyright-patent-dogmatism-at-its-worst-at-the-european-parliament


Gallo Report: Copyright & patent dogmatism at its worst at the European
Parliament



*** The draft [1] of the Gallo [2] report on strengthening the
enforcement of "intellectual property rights" (IPR) in the Internal
Market has been presented in the JURI commission of the European
Parliament. This initiative report [3] is a response to a communication
of the Commission on the same topic, which La Quadrature has already
strongly condemned [4]. The document has only one merit: it provides a
perfect example of the worst kind of IPR dogmatism. ***


This new draft report contains so many unsubstantiated claims,
misrepresentations, amalgams and horrendous recommendations that it is
not possible to list them all:

 * The key strategy, already criticized by knowledgeable Members of the
European Parliament (MEPs) from all political groups, is to identify
counterfeiting of physical goods with online piracy, and in particular
non-commercial file sharing. The report explicitly asks the Commission
"to submit a legislative proposal or to amend existing legislation,
particularly Directive 2004/48/EC, so as to upgrade the Community legal
framework in this field on the basis of national experiences" (read
three-strike laws and their privately enforced equivalents,
criminalization of the provision of filesharing tools).

 * The report alleges a connection between organized crime and
counterfeiting (a fact) and piracy (an absurd notion when relating to
non-commercial activities). Similarly, it confuses patent and trademark
infringements of drugs with the trade of fake drugs (which is of course
fraudulent and severely endangers consumers).

 * The report criticizes the wisdom of the Commission who - during
Nellie Kroes' hearing in front of the Parliament - hinted that the
IPRED2 directive would not be re-introduced. Mrs. Gallo and Mrs.
McCarthy (known for her past and unsuccessful pro-software patent
action) want the criminalization of inciting and abetting non-commercial
sharing back on the legislative agenda, together with criminal sanctions
for patent infringements and non-commercial copyright infringements
(that is when they do not exist already).

 * The report goes as far as proposing to brainwash children in order to
deter filesharing, through communication campaigns.

 * The report calls to "further the negotiations" on the horrendous
ACTA, a still secret international agreement that could radically expand
the powers of rights holders over the whole Internet.

 * Despite a mention of "consumers", there isn't the smallest indication
that the rapporteur is aware of the dangers of excessive IPR protection
and its brutal enforcement for innovation and creativity.


"The report is such a caricature of copyright and patent dogmatism that
it is almost impossible to amend so as to make it acceptable. MEPs who
want to achieve an innovation-friendly European Union in which citizens'
rights are respected should reject it. At the very least, they must
ensure that all mentions of "digital piracy" are removed from the text.
Criminalizing kids who share music and films as harshly as the
counterfeiters of luxury products or the producers of fake medecine is
absurd and totally unacceptable", says Jérémie Zimmermann, co-founder
and coordinator of La Quadrature du Net.

"Mrs. Gallo has just replaced Mr. Toubon as the head of the JURI
commitee working group on authors' rights. Instead of taking a fresh
look at this complex issues and admitting the failure of fifteen years
of unjustified extension and hardening of IPR enforcement, she is
endorsing it blindly and calls for more of the same doomed policies",
concludes Philippe Aigrain, co-founder of La Quadrature du Net.


* Références *


1. Marielle Gallo, rapporteur of this "IPR enforcement" report, is a
French EPP Member of the European Parliament

2. http://www.laquadrature.net/files/GalloReport-20100128.pdf

3. A non-legislative position of the European Parliament preparing or
encouraging legislative initiative

4.
http://www.laquadrature.net/en/dogmatic-ipr-enforcement-fails-to-address-the-challenges-of-the-internet-based-creative-economy



** About la Quadrature du Net **


La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates
for the adaptation of French and European legislations to respect the
founding principles of the Internet, most notably the free circulation
of knowledge.

As such, La Quadrature du Net engages in public-policy debates
concerning, for instance, freedom of speech, copyright, regulation of
telecommunications and online privacy.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific
and pertinent information and tools, La Quadrature du Net hopes to
encourage citizens' participation in the public debate on rights and
freedoms in the digital age.

La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net


** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room



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