EU
culture ministers yesterday (20 November) rejected French proposals to
curb online piracy through compulsory measures against free
downloading, instead agreeing to promote legal offers of music or films
on the Internet.
Il documento dei ministri recita
“although the use of technical systems for protection (Technical Protection Measures (TPM)) or rights-management information (Digital Rights Management (DRM)) may in some cases, while taking due account of the principle of personal-data protection, contribute to protecting and managing rights in the digital world, the lack of interoperability or transparency of these systems creates insecurity for consumers and limits their use of the content offered by the various platforms”
“in pursuing these objectives account should be taken of:
INVITES THE MEMBER STATES AND THE COMMISSION (…) to
“in pursuing these objectives account should be taken of:
- the need to ensure a fair balance between the various fundamental rights, particularly the right to personal data protection, freedom of expression and information and the protection of intellectual property, and to seek, when implementing Community law, solutions in compliance with the general principles of Community law, in particular the principle of proportionality [referring to the “Promusicae” ECJ decision];
- consumers' expectations in terms of access and the ease of use of services and the diversity and quality of the content offered online;
- the diversity and transformation of the business models of enterprises in this sector, particularly small and medium-sized enterprises, and the constant rapid evolution of technologies;
- launch or encourage concerted approaches by the parties concerned, as soon as possible, designed to find concrete, effective, fair and proportionate solutions promoting the development of legal online offer and the prevention and combating of piracy; (…)”
INVITES THE MEMBER STATES AND THE COMMISSION (…) to
- (…) contribute to consumer information on the conditions for the use of content on different equipment and platforms and on the restrictions applying to the use of technical measures to protect and manage rights;
- initiate or encourage efforts by industry, right holders and consumers to work together to promote the interoperability and ensure the transparency of technical measures to protect and manage rights, for example by means of a system of identification/labelling; (…)”
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