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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
>> to these questions. Do they want to change Berne Convention or mere to
>> 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

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.


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Received on Tuesday, 14 January 2014 14:55:42 UTC

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