歐盟也在 301 特別觀察名單內 – EU Listed in USTR’s Special 301 Report

1) 著作權法修正草案新聞 – – 賣盜版光碟最高罰八百萬 (2003/03/27)

2) US Department of State – U.S. Releases Special 301 Report
On Global Intellectual Property Rights (2003/05/01)

3) 美國在台協會新聞稿 – USTR 2001 SPECIAL 301 REPORT (2003/05/01)

4) 台灣部落格新聞 – 支持美國的下場 (2003/05/08)

有趣的是，在第二則新聞稿中，其中的一段是這樣子寫的：

Another 10 trading partners, including the European Union (EU) were placed on the priority watch list, which entails a greater level of scrutiny. The 11 trading partners are Argentina, the Bahamas, Brazil, EU, India, Indonesia, Lebanon, the Philippines, Poland, Russia, and Taiwan.

EU(歐盟)也跟台灣一樣位列在優先觀察名單之內。請續讀參考以下的資料… 5) EFFI – Finland kills EUCD(for now)

6) IP Justice – Italy Implements EU Copyright Directive: Consumer Rights Restricted with Little Debate (2003/04/16)

7) Association Electronique LIBRE – Status of the national law application of the EUCD

Just to name a few some very controversial issues.

此外，EU 這個 directive 中的排除條款是這樣子說的：

(33) The exclusive right of reproduction should be subject to an exception to allow certain acts of temporary reproduction, which are transient or incidental reproductions, forming an integral and essential part of a technological process and carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made.

(34) Member States should be given the option of providing for certain exceptions or limitations for cases such as educational and scientific purposes, for the benefit of public institutions such as libraries and archives, for purposes of news reporting, for quotations, for use by people with disabilities, for public security uses and for uses in administrative and judicial proceedings.

(38) Member States should be allowed to provide for an exception or limitation to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use , accompanied by fair compensation […]

(40) Member States may provide for an exception or limitation for the benefit of certain non-profit making establishments, such as publicly accessible libraries and equivalent institutions, as well as archives.

Article 2.

2. Member States may provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases:

(a) in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders receive fair compensation;

(b) in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned;
[…]

(n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections;

歐盟各會員國對於衍生自 DMCA 的 EUCD 有著不同的意見，結果今年也上了 301 特別觀察名單。歐盟和會員國的相關動作，請參考 IP Justice。

延伸閱讀：
E-Learning 上的影響，格爾尼卡你闔上眼 updated