http://www.ipred.org/MainPage Introduction http://www.ipred.org/analysis Analysis http://www.ipred.org/howto How To http://www.ipred.org/factsheet Fact sheet http://www.ipred.org/download Downloading

Legal Affairs committee votes on criminalising downloading

[http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2005/0127 Monday January 29 and Tuesday January 30], 2007, the European Parliament's Legal Affairs committee will discuss and vote on a proposal by Mr Manders, MEP, to criminalise downloading. His proposal is an amendment to the Criminal Measures IP directive. The amendment obliges member states of the European Union to ensure that any purchase of goods infringing an intellectual property right is considered as fencing. In two Dutch radio shows Mr. Manders explained his amendment covers downloading too. [1]

See [http://www.europarl.eu.int/registre/commissions/juri/amendments/2007/382372/JURI_AM(2007)382372_EN.doc amendment 83] (.doc)

Currently, downloading is not an infringement in Europe. The directive is supposed to be about enforcement only - this amendment changes substantive law considerably.

Comment ipred.org: "Many people send emails with articles from magazines, etc, as attachements. Whoever reads such an attachment is a fencer, according to Manders' amendment. Anyone checking his mail at the beginning of the day may be a criminal before coffee break. Acquiring information becomes a criminal offense in many cases. Kids visiting Youtube are criminals."

Mr Manders explained in a Dutch radio show he wants to fight organised crime with his amendment.

Comment ipred.org: "People sharing files do not make money that way, criminals are normally not involved in filesharing. The amendment is especially beneficial for record companies. These companies lost their monopoly on distribution. By criminalising downloading they hope to restore their position of power. Criminal law isn't meant for that."

In the U.S, a twelve year old girl paid a 2.000 dollar settlement for filesharing.

Comment ipred.org: "Recording companies would like to create a similar climate of terror in Europe. Manders' amendment is instrumental in this. The Internet may necessitate fundamental changes to copyright law, but this is not the way to go."

[1] This takes a broad interpretation of purchase. Loose conditions are not uncommon here.

The amendment was signalled by the FFII in a [http://press.ffii.org/Press_releases/EP_Member%3A_confused_consumers_are_dealers_of_stolen_goods press release.] Vrijschrift made a [http://mailman.vrijschrift.nl/pipermail/news/2006-December/000067.html Dutch version.]

Dutch sources:

[http://www.planet.nl/planet/show/id=62967/contentid=788533/sc=02b1f8 Planet.nl:] Downloaden is heling (Downloading is fencing)

[http://www.radio-online.nl/pivot/entry.php?id=862 Radio Tros Online:] Downloaden in de toekomst wel strafbaar (Downloading punishable in the future)

[http://kassa.vara.nl/portal?_scr=thema_artikel&number=3139676&thema=2607288 Vara Radio Kassa]

[http://www.xs4all.nl/opinie/2007/01/07/euro-strafrecht-bedreigt-onze-vrijheid/ XS4ALL Opinie]

Agenda

After the vote in the Legal Affairs committee, the European Parliament will have a plenary vote. After that the European Council will decide on the directive.