W3C home > Mailing lists > Public > www-tag@w3.org > January 2014

Re: The legal status of linking and EC consultation

From: Daniel Appelquist <Daniel.Appelquist@telefonica.com>
Date: Tue, 14 Jan 2014 14:54:15 +0000
To: www-tag <www-tag@w3.org>
CC: Konstantinov Sergey <twirl@yandex-team.ru>, Henri Sivonen <hsivonen@hsivonen.fi>
Message-ID: <CEFAFD2A.37F28%daniel.appelquist@telefonica.com>
On 14/01/2014 14:34, "Henri Sivonen" <hsivonen@hsivonen.fi> wrote:


>On Tue, Jan 14, 2014 at 4:21 PM, Konstantinov Sergey
><twirl@yandex-team.ru> wrote:
>> I don't understand purpose of this Consultations, since Berne
>>Convention and
>> its later additions (notably WIPO Copyright Treaty aka WCT) contain all
>>answers
>> to these questions. Do they want to change Berne Convention or mere to
>>have
>> a more detailed explanations of technical terms?
>
>It's not clear to me how exactly the Commission envisions their
>actions in response to this Consultation to interact with the Berne
>Convention, but to me it looks like the general tone is that
>especially when it comes to the realization of the Single Market (lack
>thereof for audiovisual works at present) and when it comes to
>competition issues, the Commission might be willing to take steps that
>would end up limiting how sovereignly copyright holders are allowed to
>exercise their exclusive right under Article 8 of the Berne
>Convention.

That’s how I took it.  I understood that the consultation was more to do
with local regulatory and enforcement regimes than with actually rewriting
international copyright conventions.  Right now there is a patchwork of
copyright enforcement across the EU (and in general) that does not make
for a healthy market.  I’ve put my (personal) €.02 in by responding to the
consultation - including my view that the right to link should be
protected as a form of speech in accordance with the UN convention on
human rights (cf http://www.w3.org/TR/publishing-linking/#linking).

But beyond spreading awareness of the consultation I don’t think there is
any technical work to be done here.

Dan

This electronic message contains information from Telefonica UK or Telefonica Europe which may be privileged or confidential. The information is intended to be for the use of the individual(s) or entity named above. If you are not the intended recipient be aware that any disclosure, copying distribution or use of the contents of this information is prohibited. If you have received this electronic message in error, please notify us by telephone or email. Switchboard: +44 (0)113 272 2000 Email: feedback@o2.com Telefonica UK Limited 260 Bath Road, Slough, Berkshire SL1 4DX Registered in England and Wales: 1743099. VAT number: GB 778 6037 85 Telefonica Europe plc 260 Bath Road, Slough, Berkshire SL1 4DX Registered in England and Wales: 05310128. VAT number: GB 778 6037 85 Telefonica Digital Limited 260 Bath Road, Slough, Berkshire SL1 4DX Registered in England and Wales: 7884976. VAT number: GB 778 6037 85
Received on Tuesday, 14 January 2014 14:55:42 UTC

This archive was generated by hypermail 2.3.1 : Wednesday, 7 January 2015 15:33:23 UTC