2007-06-09 12:18:35

Heise article on the copyright revision

Heise has published an article about the swiss copyright revision. In this article, Heise claims that the revision permits the circumvention of copyright protection on a non-commercial scale.

Unfortunately, this is more or less wishful thinking. The current copyright revision proposal does not explicitly exclude non-commercial use from neither the paragraph which forbids the circumvention of copyright protection systems nor the paragraph which forbids the development and publication of software to circumvent copyright protection measures. Additionally and not very well remarked, the revision even eliminates the right to share a private copy of a works with friends.

How is that? As already explained on the FFII Switzerland website, while the revision text is largely based on the EUCD version, it deviates from it in a subtle way concerning the right to a private copy.

The texts produced by the revision state:

The producer/performing artist/broadcasting corporation has the exclusive right to

  • make the broadcast available in a way that permits people to access it from locations and times of their choice, using any tool.

However, the EUCD version is slightly more focused on public infringements:

The producer/performing artist/broadcasting corporation has the exclusive right to

  • make the broadcast publically available in a way that permits members of the public to access it from locations and times of their choice, using any tool.

This means that while the EUCD text permits people to share the protected work in a closed circle of friends, as it has always been permitted by traditional copyright, the swiss version does not grant these rights, as they are explicitly prohibited by Art. 33 § 2, Art. 36 § 1 and Art. 37 § 1.

It seems however that the community is way too focused on the regulations of Art. 39a through c. While leading experts in the area of copyright have called to return to the EUCD variants of the above articles, it seems that only FFII has so far recognized the threat.


Posted by Tonnerre Lombard | Permanent link | File under: news, politics