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FC: More on anti-piracy going too far -- or not -- and Italy's law
From: Declan McCullagh <declan () well com>
Date: Thu, 22 Feb 2001 12:11:56 -0500


From: Mark.F.Schultz () BakerNet com
To: declan () well com
Subject: RE: Where anti-piracy goes too far: A disturbing law in Italy
Date: Wed, 21 Feb 2001 14:39:13 -0600


If the interpretation offered by Associazione Software Libero of Italian law
248/2000 is correct (i.e., if you do not have an official stamp on ANY
software media in Italy you could go to jail), then it is indeed quite bad
for both commercial and open-source developers.  However, lest this
interpretation spreads without challenge, I should tell you that my Italian
colleagues find this interpretation doubtful.

To put it as short as possible:  This portion of the law is very
controversial and confusing, industry people are contending that it applies
only to software that contains "sounds, voices or images" (I don't know what
is meant exactly by images), and everybody is waiting for a regulation that
is mandated by the law and that will provide further guidance.  Until the
regulation comes out, things are uncertain.  Will the result be as harsh as
the Associazione predicted?  Possibly, but a lot of people seem to think not
and have a stake in making sure that this is not the case.  As usual, your
mileage may vary, please consult competent Italian counsel before selling or
importing software into Italy.

So, is it possible that Italian advocacy groups use worst case scenarios to
make a point, just like American advocacy groups?  Yup.


Mark Schultz
IT/E-commerce Practice Group
Baker & McKenzie
Chicago, IL


From: Richard Lyons <richard () the-place net>
Date: Wed, 21 Feb 2001 20:09:13 GMT
Subject: Re: FC: Where anti-piracy goes too far: A disturbing law in Italy
To: declan () well com

Anyone want to start an internet business selling trendy italian stickers
to decorate your CDroms -- purely for recreational use of course...



Date: Wed, 21 Feb 2001 14:48:35 -0500
From: "Dana Colarulli" <dcolarulli () verner com>
To: <declan () well com>
Cc: <Prsdnt16 () aol com>
Subject: Re: FC: Where anti-piracy goes too far: A disturbing law in

In reference to your email with the above subject line, I also saw the below clip from the National Journal - - which might interest you. IIPA referenced the Italian requirement in its submission to the USTR Special 301/"Watch List" process. The comment period for the process ended Friday, 2/16 at noon. The USTR received 18 submissions in total. I'll be over at USTR tomorrow (imagine: basement federal office/no windows/surrounded by file cabinets) looking at the IIPA and other comments on international IP violations (music/software).

On the 16th, the IIPA reported that its submission said "Taiwan, Indonesia and the Philippines remain home to some of the world's largest organized crime syndicates that are actively engaged in the distribution of pirated CDs. The report notes that while Egypt, Russian, Malaysia, and Brazil are still hotbeds of bogus goods, governments in those countries have made efforts to adopt new regulations aimed at clamping down on such activities." (Newsbytes, 02.16.01)
- dana

National Journal's Technology Daily February 20, 2001
February 20, 2001

PIRACY: Watchdogs Target Italian Piracy Protections

A cadre of software publishers, moviemakers, record companies and other intellectual property heavyweight Monday asked the U.S. government to turn up the heat on Italy to abide by international piracy protection guidelines, reports Newsbytes. The International Intellectual Property Alliance (IIPA) Friday unveiled its proposals for the internationally dreaded "Special 301" list. Updated each year by the U.S. Trade Representative's office, the Special 301 list identifies countries that officials say are not living up to their obligations to prevent piracy of U.S. intellectual property products. Business Software Alliance President Robert Holleyman said the IIPA focused on Italy mainly because the Italian government has imposed a new requirement that legitimate software and other media be adorned with a sticker issued by an Italian agency. Products not bearing the sticker will not receive full piracy protection under Italian law.

Mr. Dana Colarulli
Law Clerk, Internet Ventures Group
Verner, Liipfert, Bernhard, McPherson & Hand
202.371.6217 (ph)
202.371.6279 (fax)
dcolarulli () verner com

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