FFII

Commissioner Malmström delays revocation of EU data retention directive

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Brussels, April 18th – Today the European Commission adopted an evaluation report of the data retention directive. EU Commissioner Cecilia Malmström presented the report at a Brussels press conference. “Cecilia Malmström artificially delays an overdue revocation of the data retention directive and only presents an evaluation report instead”, comments FFII network expert Stephan Uhlmann. Transposition of the directive has been uneven, controversial and the differences between the legislations adopted by Member States create irritations. Malmström admitted the directive does not guarantee that data is stored, retrieved and used in full compliance with the right to privacy and protection of personal data, and this has led courts to annul the legislation transposing the Directive in some Member States.

Democracy

Document Freedom Day Award in Berlin, Germany

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On the 30th of March, 2011, the FFII and FSFE awarded tagesschau.de the DFD Award for its use of Open Standards in broadcasting content. Berlin and Hamburg Fellows joined the event to celebrate the important role of tagesschau.de in spreading Document Freedom, eat a piece of pie, and have a chat about Freedom and Open Source Software and Open Document formats. Press review for the Berlin event:

2011-03-30 DE Heise: Tagesschau.de wegen Ogg-Theora-Unterstützung ausgezeichnet
2011-03-30 EN The H: Tagesschau.de receives Document Freedom Day award from FSFE and FFII
2011-03-30 DE Golem: FFII und FSFE ehren Tagesschau.de für Inhalte im Ogg-Theora-Format
2011-03-30 DE Readers Edition: Die Netzversion der Tagesschau ist “offen”
2011-03-30 DE Linux Community: Eine Torte für offene Formate FSFE und FFII zeichnen ARD für freie Formate bei Online-Tagesschau aus
2011-03-30 DE Linux Magazin: FFII und FSFE zeichnen ARD für Einsatz von Ogg aus
2011-03-30 DE Netzpolitik.org: Offene Standards: Singapur, München, Tagesschau und der Rest der Welt
2011-03-30 DE Prolinux: Auszeichnungen für den Einsatz offener Standards für Tagesschau.de und München

FFII

FFII recommends EU to remove barriers for startups

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Berlin, March 31st 2011 — The FFII answered a consultation call from the European Commission General Directorate Internal Market on the enforcement of intellectual property rights. For the EU to help startup companies, the FFII advises to reduce market entrance risks for innovative companies. Most SME and startup companies that support FFII operate in digital markets. In digital markets innovators are often confronted with patent minefields. “You have to draw a clear distinction between counterfeiting and business conflicts over the scope of intellectual property rights.

FFII

Tagesschau.de awarded for the use of Open Standards

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Berlin, 30. March 2011 – Today the ARD internet platform Tagesschau.de will receive an award for the use of Open Standards at the “Document Freedom Day”. The prize is awarded by the Free Software Foundation Europe (FSFE) and the Foundation for a Free Information Infrastructure e.V. (FFII) for offering the broadcasted shows also in the free video format “Ogg Theora”. In Berlin FSFE and FFII will hand over a certificate and a cake with the “rOgg On!” label on to Sven Bruns, technical manager at tagesschau.de.

FFII

Patent wars on – Microsoft sues Android retailers

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Berlin, March 25th 2011 — This week Microsoft sued the retailers Barnes&Noble, Foxconn and Inventec for distributing devices using the Android platform. The Android is a Linux derivate from Google. It is the most recent lawsuit in a battle of dominance on the tablet and smartphone market. “What a desperate sales argument to sue retailers which use a competing platform. It’s ‘Take our platform or get sued’.

FFII

European Parliament wants to make software producers liable for defects

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Brussels, March 21st 2011 — The European Parliament wants to make software producers liable for defects. Ahead of the vote on the Consumer Rights Directive on Thursday 24 March, a political agreement amongst the groups in the European Parliament would put software and webservices providers liable for damages under the goal of providing consumer protection. “During the software patent debate we underlined that Data processing is no field of technology”, explains FFII president Benjamin Henrion. “The physical world is different from the digital environment”. He continues: “Similar to the software patent directive, it is another piece of legislation that makes software development a much more risky business”.

FFII

FFII supports asking an ECJ opinion on ACTA

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Brussels, 11 March 2011 — The Foundation for a Free Information Infrastructure (FFII) supports asking the European Court of Justice an opinion on the Anti-Counterfeiting Trade Agreement (ACTA). On Monday 21 March 2011 the European Parliament Legal Affairs Committee may vote on a proposal for such a request. Unbalanced enforcement measures may heighten market entrance risks for innovators, according to the FFII. Startup companies are often confronted with patent minefields. Even a mere allegation of infringement may easily lead to market exclusion.

Digital

Whitehouse annual IP report: ACTA as “first-of-its-kind agreement”

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A Whitehouse Intellectual Property annual report Feb 2011 unsurprisingly mentions ACTA
In the Strategy, we committed to promote enforcement of U.S. intellectual property rights through trade policy. On November 15, USTR concluded negotiations on the Anti-Counterfeiting Trade Agreement (ACTA) and the text of the agreement was finalized on December 3. ACTA is a first-of-its-kind agreement and, once it enters into force, ACTA will aid rightholders and the U.S. Government to combat infringement. While the European Commission trade negotiators consider ACTA as forum shopping of TRIPS+ the letter from United States coordinator Victoria A. Espinel speaks of ACTA as a first-of-its-kind agreement. Indeed the use of trade agreements for trading IPR enforcement laws on other nations is new.

EU

Commission’s lost answer to Schaake question arrived

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Here it is, the missing answer to Dutch MEP M. Schaake, which as the document shows was indeed published far too late although referenced in earlier statements to other parties. The Commission arrogant as ever simply disputes the substance. For the first time the Commission states that the provisions in ACTA such as civil and criminal sanctions relate to the “commercial aspects of IPR” legal base in Art 207 of the Treaties, a legal opinion that you would like to see get tested at the ECJ. Furthermore the answer contains an outright contradiction to an earlier statement (“will not require any legislative implementation in Europe.” [1]).

FFII

Open Letter to MEPs on Unitary Patent as Enhanced Cooperation

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Brussels, 19 January 2011 — The European Union advances on a super-fast track on the “enhanced cooperation” for unitary patent protection among a coalition of the willing after an envisaged Community Patent has once again failed to reach consensus in the Council, attributed to the linguistic divide. The fast move puts aside democratic scrutiny, questions on legality and European unity. The new Unitary Patent is proposed to put patent granting outside the EU in the hands of EPO. The EPO is controversial for its granting of software patents without a prior legislative authorisation. A Unitary Patent without a link to EU-innovation policy influence might be a toll on innovation and SME interests.