[p2p-research] Fwd: [opennetcoalition] Dogmatic IPR enforcement fails to address the challenges of the Internet-based creative economy

Michel Bauwens michelsub2004 at gmail.com
Thu Nov 19 03:39:18 CET 2009

---------- Forwarded message ----------
From: Jérémie ZIMMERMANN - La Quadrature du Net <jz at laquadrature.net>
Date: Thu, Nov 19, 2009 at 6:08 AM
Subject: [opennetcoalition] Dogmatic IPR enforcement fails to address the
challenges of the Internet-based creative economy
To: opennetcoalition at laquadrature.net

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La Quadrature du Net's response to the European Commission's
communication on “Enhancing the enforcement of intellectual property
rights in the internal market”
COM(2009) 467

Download the memo in pdf:

On September 11th, 2009, the European Commission released a new
communication on the enforcement of intellectual property rights (IPR)
in the Internal market. The communication addresses a broad range of
issues, notably copyright infringements. In line with the recent leaked
information regarding the Anti-Counterfeiting Trade Agreement (ACTA)1
currently under negotiation, the document calls for voluntary agreements
between Internet Service Providers (ISPs) and rights holders to deal
with copyright infringement over the Internet.

La Quadrature du Net, along with many other advocacy groups across the
world2, believes that the position of the Commission on the matter
suffers from several misconceptions. These errors, which are discussed
below, reflect for the most part the influence of a few corporate
interests on IPR public policy. Such inaccuracy in the analysis of the
phenomenon of file-sharing is all the more illegitimate given that the
Commission and the Member States3 have failed to consider alternatives
to the repression of non-commercial uses of copyrighted works by
Internet-users. We also take the view that the proposals put forward in
the communication, if they are carried on, will inhibit many of the
socio-economic benefits that the Internet offers.

This memorandum uncovers the undesirable outcome of the Commission's
mention of voluntary agreements between stakeholders (1.). It also
outlines how the view regarding copyright enforcement laid out in the
communication could eventually severely undermine the rights and
freedoms of European citizens (2.). From original analytical mistakes
(3.) stems a wrongful assessment of the impact of file-sharing (4.), and
so we urge the Commission to reconsider its copyright policies (5.).

Read more (pdf):

1. Since Spring 2008, the European Union, the United States, Japan,
Canada, South Korea, Australia as well as a few other countries have
been secretly negotiating a trade treaty aimed at enforcing copyright
and tackling counterfeited goods. See our web-dossier:

2. See for instance the resolution of the TransAtlantic Consumer
Dialogue (TACD) on enforcement of copyright, trademarks, patents and
other intellectual property rights:

3. On 25 September 2008 the Council adopted a Resolution on a
Comprehensive European Anti-counter­feiting and Anti-piracy Plan. The
resolution is available at:

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