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Dave Wyatt wrote: > > Thanks Scott. Do you have the directive reference number and any date of > when estimated to come into force? > > David > > ----- Original Message ----- > From: Blackmer, Scott <[log in to unmask]> > To: <[log in to unmask]> > Sent: 12 February 1999 17:47 > Subject: RE: Your views please > > >The European Commission has introduced a proposed Electronic Commerce > >Directive that includes a section on intellectual property protection that > >would address this liability issue. It essentially says that the operator > >of a website, listserver, bulletin board, etc. is not liable for posting > the > >content of others until he or she has notice or knowlege of a potential > >infringement. There is then a procedure for taking down the material, and > >for re-posting it if the complaining party fails to follow through with a > >legal action against the allegedly offending party who posted the content. > > > >This procedure is based largely on the 1998 Digital Millenium Copyright Act > >in the United States, and it would introduce a degree of certainty for site > >operators that is lacking today in the law of most Member States. > > > >The German Information and Communications Act similarly protects the site > >operator from liability until there is actual knowledge of a violation. > >However, it does not include detailed procedures for taking down and > >re-posting material, leaving the operator to take his chances in assessing > >the seriousness of the allegations. > > > >The US Act concerns only intellectual property infringement; there will > >probably be further debate on the proposed EU Directive on the question of > >applying the same principle and procedures to other content liability > issues > >(such as libel, obscenity, --- and violations of data privacy laws). > > > >Scott Blackmer > >Wilmer Cutler & Pickering > >Washington, DC > >[log in to unmask] > > > >-----Original Message----- > >From: Charles Oppenheim [mailto:[log in to unmask]] > >Sent: Friday, February 12, 1999 4:26 AM > >To: [log in to unmask] > >Subject: Re: Your views please > > > > > >>THIS IS FORWRAD MAIL FROM Dave Wyatt > >> > >>Any member have any views regards liability responsibility on the > >>following: > >> > >>The following factors apply. > >> > >>Web site hosted by an educational establishment for free. > >> > >>Employee of the educational establishment edits the site on behalf of a > >>non profit making group without any specific direction from the group. > >> > >>Group consists of employees of commercial organisations who fund the > >>groups activities via annual subscriptions. > >> > >>No agreed charter for the group concerning liability. > >> > >>Site inadvertently publishes material content which becomes subject to a > >>legal challenge e.g. Breach of Intellectual property rights, or holds > >>personal data without registration e.g. names of delegates and their > >>employing company. > >> > >>Who is liable? > >> > >>Host, its employee, delegates or their employers. > > > >In my view, the individual placing the illegal material on the site is > >liable; the university will also probably be liable if it knew, or had > >good reason to know that illegal material was on the site, or was likely to > >be put on the site. > > > > > >Professor Charles Oppenheim > >Dept of Information Science > >Loughborough University > >Loughborough > >Leics LE11 3TU > > > >Tel 01509-223065 > >Fax 01509-223053 > > > > This "directive" is still in draft form and has been assigned to the Legal Affairs Committee of the European Parliament. The Rapporteur is Madame Christien Margaret Oddy, assisted by Kartsten Hoppenstedt, economic etc. commission, and Renate Heinrisch, commision of culture etc.Already she has accepted some amendments to the draft, mainly around the issues of the derogations in the original draft for "unsolicited commercial communications, contractual clauses for consumer transactions. There may still be some issues about recognition of the Rome and Brussels Conventions over EC law as the first article would recite that the Directive is without prejudice to the rules of international private law in relation to conflict of laws and jurisdiction.It would also specifically refer to the application to a service provider of the Data Protection Directive, Articles 10, 11, 12, and 14. The Legal Affairs Committee will discuss this report on February 22. Regards -- Charles A. Prescott Vice President, International Business Development and Government Affairs Direct Marketing Association 1120 Avenue of the Americas New York, NY 10036 U.S.A. Tel. (1) 212-790-1552 Fax. (1) 212-790-1499 e-mail: [log in to unmask] website: www.the-dma.org %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%