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| The aim of IPRED 2 is to stop piracy. But not all commercial violations of "intellectual property" rights are piracy. If we want to stop piracy, the thing to do is to stop counterfeiting. Beyond counterfeiting, things are unclear and very complicated. | The aim of IPRED 2 is to stop piracy. But not all commercial violations of intellectual property" rights are piracy. If we want to stop piracy, the thing to do is to stop counterfeiting. Beyond counterfeiting, things are unclear and Take copyright. The question whether something is an independent recreation" or a violation of copyright" is a though question. Questions like these should be handled in civil courts, not in criminal courts. For reasons of human rights, criminal laws require precise definitions. And criminal law should be the ultimum remedium. IPRED 2 covers 11 intellectual property" rights. Trade marked and copyrighted works may be counterfeited. The other 9 intellectual property" rights shouldn't be in IPRED 2. The aim of IPRED 2 is to stop piracy. But piracy is already forbidden in European countries. On a world-wide scale, the TRIPS treaty sees to that. The Commission made no assessment of the current situation. Are there any real problems today due to unintended legal limitations? How would the directive work out in various criminal law systems? Prison sentences go up more than a 100 times in some cases. IPRED 2 is excessive and distorts carefully balanced national procedural law systems. |
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| In copyright, parodies, independent recreations and citations are free. The question whether something is an "independent recreation" or a violation of copyright is a though question. Questions like these should be handled in civil courts, not criminal courts. For reasons of human rights, criminal laws require more precise definitions. And criminal law should be the ultimum remedium. IPRED 2 covers 11 "intellectual property" rights. With copyright and trade marks we see counterfeighting. But what are the other 9 "intellectual property" rights doing in IPRED 2? The aim of IPRED 2 is to stop piracy. But piracy is already forbidden in European countries. On a world-wide scale, the TRIPS treaty sees to that. The Commission made no assessment of the current situation. Are there any real problems today due to unintended legal limitations? How would the directive work out in various criminal law systems? Outside counterfeighting cases, trademark infringement in general is very complicated and subtle. In some cases, like trade names, prison sentences go up more than a 100 times. IPRED 2 is excessive and distorts carefully balanced national procedural law systems. Patent law definitions are unclear and drifting. In some sectors, like the software industry, it is impossible not to violate patents. Microsoft has been violating many patents, and had to pay huge damages. But do we really want to see Bill Gates in prison? Do we really want to see our neighbor, that hardworking owner of a Small or Medium Sized Enterprise, put away for 4 years? IPRED 2 sets the framework. |
Patent law definitions are unclear and drifting. In some sectors, like the software industry, it is impossible not to violate patents. Microsoft has been violating many patents, and had to pay huge damages. But do we really want to see Bill Gates in prison? |
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| For the sake of responsible lawmaking, protection of carefully balanced national procedural law systems, subsidiarity and legal security, we ask you to say No to these superfluous and detrimental proposals. On July 6th the European Parliament rejected the software patents directive. We heartily thank you for that. The IPRED 2 directive is even more absurd. It should be rejected in first reading. We wish the Parliament the wisdom it had on July 6th 2005. Thank you. FFII |
For the sake of protection of carefully balanced national procedural law systems, subsidiarity and legal security, we ask you to say No to these superfluous and detrimental proposals. The European Parliament rejected the software patents directive. We heartily thank you for that. The IPRED 2 directive and framework should go the same way. Thank you. |
IPRED 2:
Do we really want to see Bill Gates behind bars?
The aim of IPRED 2 is to stop piracy. But not all commercial violations of intellectual property" rights are piracy. If we want to stop piracy, the thing to do is to stop counterfeiting. Beyond counterfeiting, things are unclear and
Take copyright. The question whether something is an independent recreation" or a violation of copyright" is a though question. Questions like these should be handled in civil courts, not in criminal courts. For reasons of human rights, criminal laws require precise definitions. And criminal law should be the ultimum remedium.
IPRED 2 covers 11 intellectual property" rights. Trade marked and copyrighted works may be counterfeited. The other 9 intellectual property" rights shouldn't be in IPRED 2.
The aim of IPRED 2 is to stop piracy. But piracy is already forbidden in European countries. On a world-wide scale, the TRIPS treaty sees to that. The Commission made no assessment of the current situation. Are there any real problems today due to unintended legal limitations? How would the directive work out in various criminal law systems?
Prison sentences go up more than a 100 times in some cases. IPRED 2 is excessive and distorts carefully balanced national procedural law systems.
Patent law definitions are unclear and drifting. In some sectors, like the software industry, it is impossible not to violate patents. Microsoft has been violating many patents, and had to pay huge damages. But do we really want to see Bill Gates in prison?
Big companies want to lock in customers, lock out competitors, acquire as many rights as possible and make these rights as strong as possible. The lawmaker has to strike a fair balance. IPRED 2 is not balanced.
For the sake of protection of carefully balanced national procedural law systems, subsidiarity and legal security, we ask you to say No to these superfluous and detrimental proposals.
The European Parliament rejected the software patents directive. We heartily thank you for that. The IPRED 2 directive and framework should go the same way.
Thank you.