Italy Implements EU Copyright Directive
Consumer Rights Restricted with Little Debate

(Rome)   Italy is the third European nation to implement the controversial European Union Copyright Directive (EUCD) into national law.  On March 28 the Italian Council of Ministers approved the "Decreto Legislativo", implementing in Italy EU Directive 2001/29/CE, which outlaws computer programs or other devices that could be used to bypass technological controls on digital media.   Previously, only Greece and Denmark had passed national legislation implementing the EUCD, even though all 15 EU member states were given a deadline of last December to do so.  The Italian copyright bill and the EUCD were modeled on the US Digital Millennium Copyright Act (DMCA).

The new Italian law makes it illegal to attempt to create computer programs or devices that would help an owner of a CD, DVD, or other digital media to bypass technological restrictions in order to gain access to her own property.  The law also outlaws the mere possession of such software, as well as banning the dissemination of information that could assist in its development.   While the law permits limited circumvention for personal use copying, many other legitimate consumer circumventions and technical speech are still forbidden under the Italian law.

Music CDs are often sold with technological restrictions that prevent playback on personal computers.  The new Italian law makes it illegal to bypass these controls despite the CD owner’s lawful right to listen to her music.   DVD movies are distributed with region code restrictions that one is unable to bypass under this law, so Italians will not be able to view their foreign movies.

“The DMCA has already proven a disastrous mistake in the US,” said Robin Gross, Executive Directive of IP Justice, an international civil liberties group that works for balanced intellectual property laws.  “The DMCA’s ban on bypassing digital controls is so broad it has been used to jail an employee of a competing Russian software company, threaten journalists and researchers over scientific publications, and prevent innovation and competition of printer cartridges and garage door openers.  With several bills pending before the US Congress to amend the DMCA, the lessen of the US experience is to avoid passing overly broad circumvention bans such as the DMCA and EUCD,” Gross said.

Italian consumer rights groups were given little opportunity to raise their concerns with Parliament before the law’s enactment.  Most groups did not learn of the parliamentary vote until only days before Members voted on it.  Italy’s Associazione Software Libero sent an open letter to the Italian Parliament’s "Commissione Cultura" that was signed by over 34 organizations pointing out the dangers to consumer rights posed by the EUCD.  And over 2000 signatures were collected in only ten days in an online petition against the EUCD in Italy.   Despite the last minute populist criticism, the Italian Bill passed without any of the modifications proposed by consumer rights groups.

In January 2003 Finland’s Parliament rejected its EUCD proposal due to overwhelming public opposition.  Presently, similar measures outlawing legitimate consumer circumvention are pending before lawmakers in Germany, France, UK, Belgium, and the Netherlands.

Links:

The Italian Act "Decreto Legislativo" (in Italian):
http://softwarelibero.org/progetti/eucd/bozza-legge-italiana.shtml

Associazione Software Libero Open Letter to Italy’s Culture and Education Commission on EUCD (translated into English):
http://softwarelibero.org/progetti/eucd/open-letter.shtml

Italian On-Line Petition Against EUCD:
http://softwarelibero.org/progetti/eucd/firme/firmatari.php

Textof European Union Copyright Directive (EUCD)

Monitor Status of EUCD:
http://wiki.ael.be/index.php/EUCD-Status

Background article information on new Italian law (in Italian):
http://www.ilsole24ore.com/fc?cmd=art&artId=220436&chId=14&artType=News&back=0