Switzerland has completed a major government study on whether new measures are need to address online copyright infringement. The study concludes that no new legislative action is needed, citing the high costs and negative effects of three strikes and you’re out policies. It is noteworthy that Switzerland participated in the Anti-Counterfeiting Trade Agreement negotiations and has enacted digital lock rules that link circumvention to copyright infringement.
Switzerland formally enacted legislation to ratify the WIPO Internet treaties in 2008. Article 39a(4) includes a full exception for circumvention of TPMs for legal purposes, providing “the prohibition of circumvention can not be applied to People who are primarily circumventing for the purpose of a legal use.” This broad approach, which effectively preserves all exceptions in the digital environment, provides further evidence that linking circumvention to actual copyright infringement meets the adequacy standard required in the WIPO Internet treaties and is precisely the technical amendement that dozens of groups in Canada are calling for in Bill C-11.