Re: Involuntary Information Gathering

From: Abraham de Wolf <abraham.de.wolf[_at_]sap-ag.de>
Date: Sun, 11 May 1997 13:42:02 +0200 (METDST)

I noticed that we have two opinions on wether the collection of data of visitors to a web site by socalled cookies would be in violation of the European Databases Directive. I say no and Cem says yes. May I ask Cem to give his reasoning? The Directive only protects the "makers" or "rightholders" of a database (and then they also must be "nationals of a Member State or have their habitual residence in the territory of the Community".), according to Article 11 of the Directive. A visitor to a web page is not the maker or rightsholder to that page or better does not become one by visiting it ;-).

By the way, violators of the laws which are passed in accordance with this Directive will provide both civil and criminal remedies as is already provided for by the national copyright laws of the Member States But, so my position, using "cookies" does not violate European Copyright law or the refered Directive.

Abraham de Wolf
abraham.de.wolf[_at_]sap-ag.de Received on Sun May 11 1997 - 11:43:39 GMT

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