[A2k] EU-wide public consultation on the issue of online copyright

Joe McNamee joe at mcnamee.eu
Wed Jun 6 12:22:35 PDT 2012


There are one or two inaccuracies in this article. 

Firstly, the consultation is about "notice and action" (action=takedown,
disabling, reporting to law enforcement, reporting to accused party, etc)
rather than just "take-down". 

Secondly, it is not (only) about copyright. The e-commerce Directive is a
horizontal instrument covering all forms of online infringing content
whether copyright, defamation or whatever.

Thirdly, a minor point, but I seem to remember that the new Irish
legislation was implemented due to a very dubious analysis of the
2001/29/ec Directive (copyright in the information society Directive) and
not the e-commerce Directive. The judge that made the dubious analysis
wanted to impose injunctions of the kind that were prohibited by the
European Court of Justice before the Irish courts had the opportunity to
impose them. Somebody closer to the coalface in Ireland might be able to
correct me on this, if I'm not remembering the details correctly!

Best regards,


On Wed, 6 Jun 2012 13:28:47 -0400, Manon Ress <manon.ress at keionline.org>
> Brussels launches EU-wide public consultation on internet copyright
> enforcement
> THE EUROPEAN COMMISSION has kicked off an EU-wide public consultation
> on the issue of online copyright, ahead of possibly introducing new
> EU-wide rules on the matter.
> The public consultation specifically deals with the presence of
> illegal content on a website, and how website hosts should be notified
> about its presence.
> The questionnaire specifically identifies three major failings with
> the current regime of how a host is notified about illegal content
> being kept on their facilities – the legal uncertainty surrounding 27
> different legal regimes, the lack of clear rules and identifiable
> procedures, and the potential for abuse where legal content is the
> subject of a take-down request.
> Current EU directives – specifically the E-commerce Directive under
> which Ireland was forced to introduce new legislation earlier this
> year – include exemptions for ‘intermediary service providers’, and
> provide that web hosts can not be held liable for hosting illegal
> content if they are unaware of its presence, and if they act
> “expeditiously” to remove it.
> The Commission is now seeking the input of all stakeholders in order
> to address the shortcomings in the current system, which the
> Commission says will assist it in bringing forward new initiatives on
> the ‘notice-and-action’ procedures which now exist.
> The questionnaire will remain open until September and can be accessed
> here.
> A similar consultation being run by the Department of Jobs, Enterprise
> and Innovation on Ireland’s copyright laws, spurred by February’s
> enactment of legislation dubbed the ‘Irish SOPA’, remains ongoing with
> submissions accepted until mid-July.

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