Europe's 40 largest fixed-line telecommunications
operators have warned that a proposed law on intellectual property
enforcement will hamper the rollout of broadband services if it is
worded too broadly.
The European telecommunications network operators association
(ETNO), said an amendment being proposed in the European Parliament
would stretch the reach of the proposed European Union law too
far.
Janelly Fourtou, the EMP charged with shepherding the draft law
through the parliament, has suggested an amendment removing the
words "for commercial purposes" from the original text published by
the European Commission. If amended in this manner, the law, if
passed, would allow prosecution of private individuals as well
companies for copyright-infringing activities including illegal
swapping of music files.
"Amendments to expand the directive's scope would make its
measures applicable to any and all infringement of IPR, regardless
of intent, purpose or harm caused," said ETNO director.Michael
Bartholomew.
"This could have important consequences for the sector and the
consumer if random, trivial or innocent acts are pursued with the
full weight of this proposed rigorous enforcement system."
Peer-to-peer file sharing shows there is great demand for
content on the internet, Bartholomew said. "Industry should respond
by offering attractive business models that match this demand, and
not by seeking to sue or prosecute customers," he added.
If Fourtou's amendment is adopted as law it would "hamper
broadband's development", ETNO said.
Only last month, some of Europe's most eminent intellectual
property law professors said the draft law is too far-reaching.
"Instead of relating only to piracy and counterfeiting, the draft
is couched in more general terms," the academics said.
They questioned whether there is a need for such a law, and if
there is, whether the text proposed by the commission is
proportional to the problem it seeks to address.
"It is vitally important that this directive strikes the right
balance between protecting the interests of rightholders without
unfairly impeding others from competing in the same market," said
Tim Frain, director of intellectual property at Nokia.
Paul Meller writes for IDG News Service