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Intellectual Property Enforcement

CETA: EU ditches criminal sanctions.... almost

31 October, 2012
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In documents seen by EDRi, the current Cyprus Presidency of the Council of the European Union made a proposal at the beginning of October to delete the criminal sanctions section of the proposed EU/Canada Free Trade Agreement.

Portugal: File-sharing for personal use is not infringing the law

10 October, 2012
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This article is also available in:
Deutsch: Portugal: Filesharing für private Zwecke verstößt nicht gegen das G...


The Portuguese prosecutors division DIAP (Department of Investigations and Criminal Acts) have recently ruled against ACAPOR (the Association of Audiovisual Commerce of Cultural Works and Entertainment of Portugal) in a case the latter initiated in 2011 against approx.

First victim of French 3 strikes law is found guilty for negligence

26 September, 2012
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This article is also available in:
Deutsch: Erstes Opfer des Three-Strikes-Gesetzes in Frankreich


After almost two years since the 3-strikes law has entered into force in France, the first Internet user was sentenced by the court to a 150 euro fine for negligence for not using the Internet access security measures and because the user has innocently confessed it.

Since October 2010, about 3 million French IP addresses have been identified by rightholders of being possible infringers.

The Netherlands against ACTA in all its forms

26 September, 2012
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This article is also available in:
Deutsch: Niederlande gegen ACTA in jeder Form


In response to an open letter sent by EDRi-member Bits of Freedom (BoF), the Dutch government has confirmed that it opposes any controversial ACTA-provisions in whatever form.

This confirmation was provoked by the news, only six days after ACTA was rejected by the European Parliament, that a draft text of the Canada – EU Trade Agreement contained provisions that were virtually identical to provisions from ACTA.

Ancillary copyright madness in Germany and France

26 September, 2012
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This article is also available in:
Deutsch: Leistungsschutzwahn in Deutschland und Frankreich


On 29 August 2012, the German government decided to pass a draft legislative proposal for ancillary copyright (so-called "Leistungsschutzrecht") aimed at “protecting” publishing houses' online content from being quoted in news aggregation sites and on search engines.

This draft law would give publishers the right to limit or forbid any publication or reproduction by third parties of snippets of their content.

ENDItorial: CET(A)CTA – Criminal sanctions provisions broadly identical

12 September, 2012
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This article is also available in:
Deutsch: CET(A)CTA – Strafrechtliche Sanktionen weitestgehend identisch


Towards the end of July 2012, a rather strange and surprising e-mail was sent from the General Secretariat of the Council of the European Union to the Member States and the European Commission. The e-mail explained that the criminal sanctions provisions of the draft EU/Canada trade agreement are modelled on those in ACTA.

Spanish website gets back seized domain names. After 18 months.

12 September, 2012
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This article is also available in:
Deutsch: [Spanische Webseite bekommt beschlagnahmte Domain zurück. Nach 18 Monaten.

The French government wants to reinforce Internet control

29 August, 2012
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On 21 August 2012, Prime Minister Jean-Marc Ayrault asked three ministers to work on relating CSA (the Superior Council of the Audiovisual) and Arcep (Telecommunications and Post regulator) asking them to coordinate their work with that of Pierre Lescure on Hadopi future.

The request made by the prime minister is obviously intended to take Internet regulatory powers from Hadopi and give them to CSA. This is a real concern having in view CSA’s intentions to filter content and give up net neutrality.

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