Link to the Petition to ‘Stop SOPA Ireland’
by C Murray
http://stopsopaireland.com/breaking-news-sean-sherlock-promises-to-publish-bill-online/
Consultation with arts-originators , visual-artists , bloggers ?
In 2011, I wrote a post about an open consultative process here in Ireland to address radical copyright reform, wherein the Minister promised innovation and jobs through radicalising our copyright laws. I submitted, along with countless others, on issues pertinent to copyright and advances in digital technology. My submission was based in requesting the opening out of this consultation to arts organisations and originators of creative works. I am aware today that my submission was ignored and that originators of art-works are treated with disdain by a government which kow-tows to industry. Discussions by actual originators of works in the arts can be studied at this link. (Center for Social-Media discussion on fair-use in the arts.)
The Blacknight release on Stop Sopa Ireland is here excerpted :
“Jan 24, 2012 - Irish registrar and hosting company Blacknight (http://www.blacknight.com) urge the Irish Internet community to join them in saying no to a “SOPA” style law being enacted by ministerial order.
The Minister of State at the department of Enterprise, Jobs and Innovation, Sean Sherlock, is introducing a statutory instrument that very closely mirrors SOPA, which was recently defeated in the US. This statute will affect all 3.5 million people in Ireland is about to become law with no vote in the Oireachtas.
An outspoken leader in Irish tech, Blacknight has long been opposed to censorship and restriction of the Internet and is committed to ensuring freedom online. If passed, sites of all sizes from YouTube, Twitter and Facebook to personal sites may be blocked in Ireland. The impact of such a move could be detrimental to Ireland’s digital economy” (from Blacknight release, 24/01/2012)
Article link to McGarr Solicitors, Dublin on the issue of ISP-Blocking .
” However, unlike that US law, people here can’t even expect to have this blocking law debated in their legislature. The Minister has said that he intends to deal with the matter by way of a Ministerial Order. Nor has he published the text of the law. The first we, the people of Ireland, will know about the text of this law will be when it is signed and brought into force.
This is grossly wrong. This is why we were so enthusiastic when Sabrina Dent suggested that we launch a petition website to let other people (a) know what was going to happen and (b) tell the Ministers responsible that they object to the proposal.” Full article here The link to the Irish Petition to STOP SOPA is available here.
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Personal note : Why bother with Irish Political consultations when they are shredded, ignored or limited by decisions already taken?
In what amounts to an ignorant rejection of the consultative process the Minister, Richard Bruton and Seán Sherlock T.D intend to introduce isp-blocking in Ireland. This event follows on quickly from the PP in Spain’s innovation in this area, and the SOPA/PIPA protests of last week in the U.S. I don’t expect much discussion on in it in the Irish media, who often publish press-releases and soundbites , rather than anything approaching contextualisation. I am annoyed that the consultative-process that I participated in amounted to optics , and that our government is basically pushing through aggressive legislation without debate, discussion or reference to the experience of other E.U countries. It looks like FG/Lab will also attempt to tax the internet. How quickly opposition parties dump their principles when they get to play with the big boys.
Stop SOPA-Ireland Petition link: http://stopsopaireland.com/
Irish Times article of 27/01/2012 http://www.irishtimes.com/newspaper/finance/2012/0127/1224310799439.html#.TyJ-QjbpQfs.twitter
The Millions, a discussion on U.S SOPA http://www.themillions.com/2012/01/copyrights-wake-sopa-james-joyce-and-the-future-of-intellectual-property.html
Response from Lucinda Creighton T.D re The Statutory Instrument soon to be signed by Seán Sherlock TD follows,
“Dear Christina,
Thank you for getting in touch with me expressing your concern about proposed legislation in the area of copyright law.
First, I’d to clarify that Minister of State, Sean Sherlock TD, has emphasised that he has not put forward any proposals to enact a “Stop Online Piracy” type Law.
Second, I’d like to emphasise that the need to legislate arises from a finding of the High Court in October 2010 that Ireland was not in compliance with its EU obligations under Copyright Directive 2001/29/EC as the High Court found itself unable, under existing primary legislation, to grant an injunction against an intermediary. As you will appreciate, failing to be in compliance with our obligations under EU law is a very serious matter.
Third, I believe it is important to emphasise that no policy change is proposed in the Statutory Instrument. It had been the intention of the Copyright and Related Rights Act, 2000 to provide civil remedies such as injunctions and it was assumed that the Act did, in fact, provide for such remedies until the High Court found otherwise in the case of EMI Ireland & others v. UPC in October 2010. The wording of the proposed Statutory Instrument has been framed in a way which gives effect to the wording of the EU Copyright Directive rather than extending its scope.
The intended purpose of the proposed Statutory Instrument is not to enact new EU legislation but, rather to restate the position that was though to exist in the Copyright legislation prior to the EMI Ireland case.
Last July Minister Sherlock held a public consultation in relation to the wording of a proposed Statutory Instrument amending Section 40 of the Copyright and Related Rights Act, 2000. More than 50 submissions were received from interested parties, providing an excellent overview of all the issues and concerned involved. Minister Sherlock has engaged extensively with interested parties in respect of their views and concerns.
The legislative measure is expected to be introduced shortly.
I hope this clarifies matters.
Kind regards,
Lucinda Creighton TD
Minister of State for European Affairs
Department of an Taoiseach
Government Buildings
Merrion Street
Dublin 2
+353 1 6194399