3 Amendments of Pascal ARIMONT related to 2015/0287(COD)
Amendment 157 #
Proposal for a directive
Recital 11
Recital 11
(11) The Directive should address problems across different categories of digital content and its supply. In order to cater for fast technological developments and to maintain the future-proof nature of the notion of digital content, this notion as used in this Directive should be broader than in Directive 2011/83/EU of the European Parliament and of the Council.30 In particular it should cover services which allow the creation, processing or storage of dataor digital services and their supply. In order to ensure consistency with the acquis the notion of digital content should correspond with the one used in Directive 2011/83/EU of the European Parliament and of the Council and should cover for example video, audio, applications, digital games and any other software.30 In order to cater for fast technological developments and to ensure this Directive is future-proof, this Directive should also cover digital services which allow the creation, processing or storage of data, for example cloud storage or file hosting services. It should also cover digital services allowing sharing and other interaction, for example social media, video or audio sharing websites or platforms. While there are numerous ways for digital content or digital services to be supplied, such as transmission on a duratangible medium, downloading by consumers on their devices, web- streaming, allowing access to storage capabilities of digital contentservices or access to the use of social media, this Directive should apply to all digital content or digital services independently of the medium used for its transmission. Differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers. A level- playing field between suppliers of different categories of digital content or digital services should be ensured. However tThis Directive should notalso apply to digital content which is embedded in goods, in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalitiescluding DVDs and CDs, unless the supplier proves that the defect lies in the hardware of the goods. _________________ 30 OJ L 304, 22.11.2011, p.64.
Amendment 165 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a durable medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporating digital content in such a way that the goods function only as a carrier of the digital content. The Directive should apply to the digital content supplied on a duratangible medium, independently whether it is solupplied at a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. The Directive 2011/83 should continue to apply to those goods, including tohe obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied. The Directive is also without prejudice to the distribution right applicable to these goods under copyright law.
Amendment 466 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)