5 Amendments of Tadeusz ZWIEFKA related to 2015/0287(COD)
Amendment 169 #
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 not apply to goods such as DVDs and CDs, incorporatingdigital content integrated in goods such as household appliances or toys where the digital content is embedded in such a way that ithe goods function only as a carrs are subordinate to the main functionalitiers of the digital contentgoods and it operates as an integral part of the goods. Theis Directive should apply to the digital content supplied on a durable medium, independently whether it is soldlso not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only ats a distance or in face-to-face situationscarrier of the digital content, so as to avoid fragmentation between the different distribution channels. The Directive 2011/83 should continue to apply to those goods, including to 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 393 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. 'embedded digital content' means pre-installed digital content which operates as an integral part of the goods and cannot easily be de-installed by the consumer;
Amendment 463 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, tThis Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital content.
Amendment 470 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. This Directive shall not apply to embedded digital content.
Amendment 599 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. Parties to the contract may agree to deviate from the objective criteria required in accordance with paragraphs 1 and 3 under the condition that, at the time of the conclusion of the contract, the consumer knew of this specific characteristic of the digital content and expressly agreed to it when concluding the contract.