EFF warns over harshness of EU content copyright directive

February 26, 2004

The Electronic Frontier Foundation (EFF) is warning that the EU content copyright directive could give intellectual property holders the ability to punish individuals that infringe their copyrighted work unintentionally as severely as those involved in large-scale commercial infringement. The problem is that the EUCD does not distinguish between large scale organised crime operations and non-commercial or accidental infringement by individuals.

If the EU Parliament adopts this directive, authorities would be allowed to search and seize an individual's property, freeze their bank account(s) and seize assets without prior notice in the event of suspect infringement. The EFF is urging its members ask their MEPs to seek an amendment to the proposed European Intellectual Property Enforcement. GristyMcFisty submitted the following news from PCPRO via our news submit :

An imminent EU Directive could give intellectual property holders tough new tools and punishments to exact on individuals that infringe copyright accidentally, unintentionally and without profit motives, warns the Electronic Frontier Foundation (EFF).
'EFF is urging its members to ask their MEPs to seek an amendment to the proposed European Intellectual Property Enforcement directive because it does not distinguish large-scale commercial infringement and counterfeiting enterprises from unintentional, non-commercial infringement by individuals,' said EFF Staff Attorney Gwen Hinze. 'If the European Parliament adopts this directive, a person who unwittingly infringes copyright - even if it has no effect on the market - could potentially have her assets seized, bank accounts frozen, andhomeinvaded.

Once incorporated into national law, the Directive could allow the authorities to search and seize property without prior notice, freeze the bank accounts and seize the assets of an alleged infringer and force ISPs to monitor or close infringing accounts. While the EFF agrees that strong measures are appropriate in dealing with organised criminal piracy of a commercial nature, it fears that IP holders such as the recording industry will use these powers on the more casual - even unwitting - individual offenders with no financial motive.

An action alert available on the EFF website makes it possible for Europeans to contact and voice their concerns to key members of the European Parliament.

The EFF warning and letter can be accessed here.

It looks like the directive is aiming to go beyond what the RIAA have enjoyed doing last year with its sending out of subpoenas. In this case the authorities would be much more power than simply obtaining users identity by also having the ability to search and seize property for example. While this would be useful in cracking down on large scale organised crime, copyright holders could easily evade individual's privacy by just claiming they are suspect copyright infringers thus making this directive even open to abuse.

Source: PCPRO.co.uk