IANAL but AFAIK here in Italy, if with a new law something BECOMES illegal, then that law can't be retroactive and you can't be judged for what you did BEFORE the law came out. But if with a new law something that was illegal becomes legal, then in pending judicial cases defendants are acquitted because "the fact isn't offence anymore".
The law wouldn't be effective until ministry's decree... the lawyer says that the only hope for politicians to correct the mistake would be to slow down the decree's process and meanwhile hurry up to amend the law (but italian parliament is currently in turmoil for government's crisis), FIMI guys (Federation of the Italian Music Industry) say they are unalarmed because the decree would limit "educational and scientific purpose" to those websites that deal officially with didactics, like those of academic institutions and universities. But the lawyer says such a decree would be impossible to apply because the Italian Constitution authorizes every citizen to make educational and scientifical divulgation.
Who is right? I hope (and I would bet) the lawyer is... Anyway if all politicians agree that a law must be changed they usually do that, sooner or later, but if they won't be able to correct their mistake in time for the law to become effective, it would be very funny to see the consequences... also if they'll last only until they change the law again...:)
In general yes, a technical definition can have a completely different meaning when used in a legal context.
But in this case it seems that those words, in the LEGAL CONTEXT of that law, of italian laws in general, and of italian constituition, will have the effects described in the article...
According to the interviewed lawyer this law, written as it is, would for example permit to make a websites that publishes the entire discography of an author for review and comment purpose, or to make a p2p public network of public academies that bring music available to students for study purpose. And so on (use your imagination). I hope he's right!:)
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IANAL but AFAIK here in Italy, if with a new law something BECOMES illegal, then that law can't be retroactive and you can't be judged for what you did BEFORE the law came out.
But if with a new law something that was illegal becomes legal, then in pending judicial cases defendants are acquitted because "the fact isn't offence anymore".
The law wouldn't be effective until ministry's decree... the lawyer says that the only hope for politicians to correct the mistake would be to slow down the decree's process and meanwhile hurry up to amend the law (but italian parliament is currently in turmoil for government's crisis), FIMI guys (Federation of the Italian Music Industry) say they are unalarmed because the decree would limit "educational and scientific purpose" to those websites that deal officially with didactics, like those of academic institutions and universities.
:)
But the lawyer says such a decree would be impossible to apply because the Italian Constitution authorizes every citizen to make educational and scientifical divulgation.
Who is right?
I hope (and I would bet) the lawyer is... Anyway if all politicians agree that a law must be changed they usually do that, sooner or later, but if they won't be able to correct their mistake in time for the law to become effective, it would be very funny to see the consequences... also if they'll last only until they change the law again...
In general yes, a technical definition can have a completely different meaning when used in a legal context. But in this case it seems that those words, in the LEGAL CONTEXT of that law, of italian laws in general, and of italian constituition, will have the effects described in the article...
According to the interviewed lawyer this law, written as it is, would for example permit to make a websites that publishes the entire discography of an author for review and comment purpose, or to make a p2p public network of public academies that bring music available to students for study purpose. And so on (use your imagination). :)
I hope he's right!