New Copyright Directive. (IT News).

The Federation Against Software Theft (FAST) has expressed concern regarding the new proposed legislation arising out of the Copyright Directive, to be released shortly by the UK government. It is concerned that the new law will not address the serious issue of "software pirate's circumvention" of software technical protection, designed to prevent the copying of a software publisher's content.

Paul Brennan, General Counsel of FAST comments: "While the Copyright Directive closes up many loop holes in the law, its lack of application to computer programs means software pirate's can continue to disregard the law at the expense of the software publisher. Increasingly we are receiving complaints from members about this issue and we are doing everything we can to change the outcome." Computer programmes appear to have been omitted from the legislation because they are already covered under the Software Directive which was brought into law by s.296 Copyright Designs and Patent Act 1988 ("CDPA"). However, this act simply does not give enough protection for software publishers because it is not as wide ranging as the Copyright Directive which like the US Digital Millennium Copyright Act includes a ban on any devices or services designed specifically to circumvent.

For example, at present if a pirate wants to get around the rules regarding software protection, as set out in the Software Directive, they can claim the software they are selling has an added commercial purpose, such as a spell checker, which they are solely selling the copied software for. This type of `wrapping up' of copied software as something else could have devastating effects for software publisher's revenue if something is not done about it soon. Baker & McKenzie solicitors, a member o' the FAST Legal Advisory Group says: `Strong and effective legal protection against circumvention of technical measures is very important. It is therefore crucial to correct the current anomaly whereby protection for software is weaker than for other copyright works. "The 2001 Copyright Directive (Art 6), like the equivalent US law, not only makes intended acts of circumvention unlawful, but device or services will be illegal if they have only a limited commercially significant purpose or use other than to circumvent. However, the 1991 Computer Programs Directive (Art 7.1), which continues to apply to software has a more onerous test, making it illegal to put into circulation or possess for commercial purposes any means whose SOLE intended purpose is to facilitate circumvention of technical protection."

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