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After a delay of almost a year, the
European Copyright Directive will now be implemented in Britain and, "As well as giving new protections to DRM and anti-copying technologies, it creates an offence that could, at least in theory, be committed by using a P2P service like KaZaA," says
OUT-LAW.com.
"It may not be the intention of the Government, nor of its Copyright Directorate, the Patent Office department responsible for drawing up the implementing regulations; but that does not change the fact that this will be written into our laws."
Moreover, European nations are repeating the US' mistakes over the draconian Digital Millenium Copyright Act in their implementation of the equivalent EU law, says a UK think tank.
In a ZDNet UK story,
Matthew Broersma warns: "Far-reaching European copyright legislation making its way into UK law is likely to tighten the grip of large companies on consumers, according to a British IT policy think tank, because of the way it is being implemented across the European Union.
"In an analysis of the EU Copyright Directive (EUCD) of 2001, the UK's Foundation for Information Policy Research (FIPR) found that most countries were failing to protect researchers, business competition and consumers in their implementations of the directive, while giving full force to measures that criminalise the circumvention of copyright controls. Once the Brussels government has approved a directive, member states are required to implement its provisions in local law."
The result, FIPR says, is legislation that closely mirrors the US' DMCA.
Back at OUT-LAW, "For the companies behind the P2P services, the new regime gives no cause for panic," says editor Struan Robertson. "The law on the provision of P2P services was ambiguous before and it remains ambiguous. But those using the services in this country are facing a new threat."
Under existing British legislation, "it infringes copyright to convert a song from a CD into MP3 format, or even just to copy a CD to cassette to play in your car," says Robertson. "There is a widespread misconception that this is legal in the UK. It's not. It is legal in many other countries – the US, France and Germany, for example. But Britain has long resisted giving individuals a 'private use' exception in its copyright laws."