Re: Consumer Association blasts iTunes pricing

On Mon, 20 Sep 2004, Chris James wrote:

> Hello Martin and all,
> 
> Yes I missed that, thanks. The root of it is in Article 295 EC (ex. 222)
> which excludes matters of regulating property from EU competence
> (although typically the ECJ has sought to interpret it in a limited
> sense). You are right about Art. 28, its Art 36. which allows
> quantitative restrictions in the freedom of movement of licensed IP.

(I'm sure you meant Art 30 (ex Art 36))

I've already disclaimed that I don't know this area, I am going defer to
what I presume is Dr Adams better knowledge here. 

Anyway what I am trying to understand is the distinction of principle
between the case of a rail or plane ticket which costs a different amount
according to the country of residence of the buyer, and an IP licence with
the same characteristics. The transport case (a service rather than the
transfer of a (pseudo) property interest) apparently exists in real life
and is being dealt with.

> Does the EUCD really extend as far as printed batch codes on products?
> If so does anyone know if this has been considered further in the
> process of the Commission's DRM workshops and DRM consultation?

For sufficiently electronic / digital batch codes, yes. The IPR
Enforcement Directive will probably generalise this. Note that the EUCD
Article 9 allows a competition-policy get-out clause which no-one has had
cause to use yet.

Mk