The European Parliament LIBE committee ACTA hearing last Tuesday took an unexpected turn when Commissioner De Gucht said that there will not be a definition of commercial scale in ACTA. (at 41.45 minutes).
Since then, the new text leaked. This text does contain a definition of commercial scale on page 15. The bracketed text shows the EU contributed to the new definition. Do we have to conclude the EU Member States decided later on that the definition will be removed? Or did De Gucht provide Parliament with wrong information?
The definition goes much further than the definition adopted in the WTO US - China dispute: "the magnitude or extent of typical or usual commercial activity." The new formulation in ACTA uses "end consumers". Will someone who remixes music be considered an end consumer? Or will he be criminaly prosecutable?
Thursday, July 15. 2010
No definition of commercial scale in ACTA
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