Daniel Boos writes:
we are still in the process of implementing WPPT/WCT and the parlament discussion only will start in the next months. A comission is meeting before and the public draft is available online. As far as I understood we won't implement the whole EUCD. We do not need to do that, as we are not a member of the European Union.
The draft oft law is online at:
With some minor remarks, the following webpage is quite useful: http://www.urheberrecht.ch/E/ (It was done by interest groups together with the intelectual property institute)
The current situation is interpreted differently. The last copyright law revision was 1992.
The FAQ of the institute says: http://www.ige.ch/faq/f06e.shtm "What about copyright and peer-to-peer networks? A distinction must be made between data uploading and data downloading. Uploading works without the permission of the rights holder is a (punishable) infringement, whether or not the upload is of a legally obtained CD. Buying a CD does not mean that you have the right to upload its content.
Downloading works is a grey area. The majority of copyright lawyers are of the opinion that downloading is permitted for personal use. The IFPI, an international association of phonogram producers, is of the opinion that private users who download and save illegal music offered on the internet are breaking the law. according to its opinion private copying is only be permiitted if the source is legal Until this issue is clarified in a court of law, the legality of downloading from P2P networks remains risky."
I would say downloading is legal at the moment.
If the new proposed law enters in force without changes, then downloading for personal use will remain legal, while uploading will become clearly illegal. I can't tell you, what directions the law will take, while they debate it in the parliament.
In the current proposal we would have a new article. It would be article 24c. It is available at: http://www.admin.ch/ch/d/ff/2006/3443.pdf
It would allow to make copies in an accessible form for disabled persons (Zif 1). They must be only produced for disabled persons and without commercial interests (Zif 2. Authors have a right to be compensated by an officially registred collecting society (Zif 3+4).
This article is espacielly interesting in combination with the not absolute circumvention provision mentioned in the last e-mail or by Urs Gasser Blog post.