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By Andy McCue, 8 March 2004 11:50

NEWS The European Parliament will on Tuesday undertake its final, long-delayed vote on the controversial new directive on intellectual property rights. The directive is aimed at tackling organised criminal piracy and counterfeiting gangs.

But civil liberties groups are warning that the remit of the draft law in its current form is too wide and will cover any infringement of IP rights by consumers - however small, unintentional or non-commercial.

The Foundation for Information Policy Research (FIPR) reckons not only could the homes of alleged music file-sharers be raided using the new law but large companies could also use it to raid premises, seize evidence and freeze the bank accounts of smaller competitors in highly technical alleged-patent infringement cases.

Ian Brown, director of FIPR, said the law has been watered down because the criminal sanctions have had to be taken out in response to demands from record companies for the directive to be widened to cover file-sharers and consumers.

"The record companies have shot themselves in the foot," Brown told silicon.com. "We're not saying they don't have legitimate problems but because they have widened [the law] it means you can't have the criminal sanctions as well."

Industry groups, such as the International Federation of the Phonographic Industry, have been calling for the law to be more draconian. But FIPR and other civil liberties groups have likened it to the US Digital Millennium Copyright Act, which has been used to crack down on casual file-sharing internet users.

Brown warned this will not only lead to a massive "RIAA-style" crackdown on European file-sharers but that the lack of criminal punishment will let the organised counterfeiting and piracy gangs off the hook.

"A lot of MEPs said they wanted to send a message to the youth of Europe," he said. "But this is much more of a serious problem to be just worrying about sending a message to the youth of Europe."

FIPR is backing amendments tabled by MEP Marco Cappato, the Green/EFA Group, the GUE Group and the EDD Group, and will be meeting at the Parliament in Strasbourg today to discuss the issues ahead of the final debate and vote tomorrow.