Text 17606, 41 rader
Skriven 2007-04-30 11:26:20 av Rich Gauszka (1:379/45)
Ärende: EU to Harmonize Anti-Piracy Laws
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From: "Rich Gauszka" <gauszka@dontspamhotmail.com>

Looks like YouTube is toast in the EU

http://www.cdrinfo.com/Sections/News/Details.aspx?NewsId=20318

 EU directive aiming at harmonising national criminal law was backed by the
European Parliament when it adopted on Wednesday a first-reading report on
legislation imposing criminal sanctions for the infringement of intellectual
property rights.

If ultimately adopted, the directive will oblige all Member States to regard
any intentional infringement of an intellectual property right carried out on a
commercial scale as a criminal offence.

The European Parliament decided that criminal sanctions should apply only to
infringements deliberately carried out to obtain a commercial advantage. Piracy
committed by private users for personal, non-profit purposes is therefore also
excluded.

The proposed directive aims to ensure that national judicial authorities will
always be able to impose sufficiently serious penalties by setting out minimum
levels for the upper limits on punishments imposed by national law.

At present maximum fines for violating intellectual property rights range from
œ586 in Greece to œ67,000 in Holland.

Under the new directive, in cases of serious crimes committed by a criminal
organisation, the maximum penalty must be at least ?300,000 and/or four years'
imprisonment. The same applies where the offences carry a health or safety
risk. For less serious infringements, the maximum penalties should include
criminal and civil fines of at least ?100,000. Aiding or abetting and inciting
anyone to infringe intellectual property rights will also be treated as a
criminal offence. In some cases, remedies can include the seizure and
destruction of counterfeited goods.

This is the first directive using criminal law. The text adopted by the
Parliament will be sent to the Council for discussion by national governments.

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