WRITTEN QUESTION E-1393/03 by Elly Plooij-van Gorsel (ELDR) to the Commission. Protection of CDs against copying.
Date: 2003-04-15
Institutions: European Parliament, Provisional data
Subjects: Internet, computer piracy, copyright, downloading, fraud, harmonisation of standards, production technique, record, sound reproduction equipment

21.11.2003

EN

Official Journal of the European Union

C 280 E/135

It has to be borne in mind that the DRC is only just emerging from a long period of warfare which has
totally laid waste the country’s society, economy and institutions. It is therefore having to deal with
fundamental structural problems such as restoring its territorial integrity, re-establishing the administration
and setting up functioning state structures that are capable of managing the transition to lasting stability
and of raising the human development standard of all Congolese.

It is against the background of this post-conflict situation that the Commission has identified its short- and
medium-term priorities, namely:

(cid:1) Support the State in rebuilding its structures. Here the Commission has committed EUR 16 million to
the eighth European Development Fund (EDF), which is to provide institutional support for the key
departments and ministries, whilst EUR 28 million is going from the sixth EDF to support the judicial
system and a further EUR 10 million from the ninth EDF will also go towards institutional support.

(cid:1) Help re-establish access to health care since, as a result of the war, 37 % of the population does not

have access to primary health care and mortality is rising steadily.

Given these priorities and the limited funding available for the DRC, the Commission cannot deal with all
the problems arising out of the absence of state structures. Nevertheless it hopes that, once such structures
have been re-established, problems such as those at Shinkolobwe can be raised through the normal
channels in relations between the European Union and the DRC. Bringing to book those responsible for
failures is not part of the Commission’s remit in its relations with the DRC.

(2003/C 280 E/154)

WRITTEN QUESTION E-1393/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(15 April 2003)

Subject: Protection of CDs against copying

The illegal distribution of music recordings via the Internet and the copying of CDs has become very much
more common in recent years. Consumers often make illegal copies in protest at the high price of CDs.
In addition, the greater prevalence of copied CDs can be explained by the dramatic rise in the number of
households which own several CD players. Many cars, for example, are now equipped with CD, rather
than cassette, players.

Consumers are complaining about the measures taken to protect CDs against copying. A number of record
labels have brought on to the market CDs whose unusual design is causing serious playing problems.
The aim is to make the playing of CDs via personal computers more difficult so that those computers
cannot be used to make copies of the CDs. In practice, however, this also gives rise to many problems in
playing these protected CDs on car CD players, DVD players which double as CD players and many types
of portable CD players. It is precisely those honest consumers who pay for their CDs who are frequently
being made to suffer, even though such CDs can generally be copied perfectly without problem on
standard CD players and recorders.

Is the Commission aware of the problems in connection with the playing of protected CDs? If so, is

1.
it planning to carry out an investigation and does it regard this protection method as lawful?

2.
Does the Commission take the view that consumers who are unable to play CDs which have been
protected against copying on (often more expensive) DVD and CD players are suffering unfairly as a result
of these measures? If so, how does the Commission plan to protect consumers against this practice?

Does the Commission take the view that

3.
interoperability of content and equipment?

the industry has a responsibility to ensure the

C 280 E/136

Official Journal of the European Union

EN

21.11.2003

Answer given by Mr Bolkestein on behalf of the Commission

(11 June 2003)

Directive 2001/29/EC of the Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society (1) provides the legal framework
for the protection of effective technological measures. The term ‘technological measure’ means any
technology or device which is designed to prevent or restrict acts, which are not authorised by the
rightholder of the copyright or related right. Such measures are typically those used by rightholders to
protect their works or subject matter such as those which are enshrined in a CD, which are protected by
copyright or related rights from unauthorised copying. The Community and its Member States are required
to protect such measures in accordance with the provisions laid down in the World Intellectual Property
Organisation (WIPO) Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty
(WPPT) which were adopted in 1996 under the auspices of the WIPO. The Directive is the means by
the Treaties,
which the Community and its Member States will
by introducing, inter alia, such protection for technological measures. The Directive was required to be
implemented into Member States’ law by 22 December 2002.

its obligations under

implement

The Commission is indeed aware of the problems in connection with the playing of protected CDs.
1.
A separate issue is whether those who market CDs may, in principle, lawfully limit their playability to
standard CD players and exclude playability on other platforms, such as PC operated systems. Playability
on various platforms is of relevance not only to consumers but also to the consumer electronics and
information technology (IT)
legacy arises i.e. how to accommodate
technological progress and new requirements while respecting consumer investments in earlier systems.
The issue of playability on various platforms may arise irrespective of whether a technical measure in the
sense of the above Directive is applied to the CD. This issue is therefore not limited to the scope of legal
protection of technical measures provided by the Directive which is aimed at acts which are not authorised
by the rightholder.

industries as the question of

The Directive also provides that the legal protection of technical measures should not prevent the
2.
normal operation of electronic equipment and its technological development.
the
Commission, consumers are entitled to be clearly informed, at the time of purchase of a CD or other
product, about all its features and notably all effects of technical protection measures that have been
applied including those affecting playability.

In the view of

3.
The Commission encourages the compatibility and interoperability of the different systems. However,
achieving interoperability and compatibility between content carriers and equipment requires cooperation
amongst all stakeholders including rightholders, the consumer electronics industry, the IT industry and
In dynamic markets, achieving interoperability and compatibility is a rolling process, as new
users.
technology is constantly entering the market.
interoperability and
compatibility are desirable and should be achieved through processes that are voluntary, industry led and
driven.

the Commission,

In the view of

(1) OJ L 167, 22.6.2001.

(2003/C 280 E/155)

WRITTEN QUESTION E-1399/03

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Consumer confidence (cid:1) Directive 93/13/EC

(16 April 2003)

The subject of unfair terms in contracts is of particular concern to Member States and national authorities.
As part of the CLUB project, and in the report on the application of Council Directive 93/13/EEC (1) on
unfair terms in consumer contracts, the Commission has found evidence of unfair terms which leave
consumers without protection.

Will the Commission step up controls to prevent or address the problem of unfair terms in contracts?
What measures will it take regarding unfair provisions (taxes) in loan contracts between credit institutions,
particularly banks, and businessmen which, as a result of provisions on limited liability, excessive