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Music Media Your Rights Online

Germany's Version of DMCA/DRM 26

ribbiting writes "Germany has prepared the first draft of legislation (in German) to implement the provisions of the EU version of the DMCA/DRM. Aside from the well-known issues, this draft specifically requires that private copies also require some form of payment to GEMA, the German version of RIAA, regardless if the copying process is using digital or analog technology. DRM technologies are explicitly protected/encouraged by this legislation. The law also "clarifies" that people do NOT have a legal right to fair use, ie making copies for their own use. Pre-payments of royalties are required by levying taxes on media (how about paper?!?) and any device that could be used for copying (HP is in a major legal battle with GEMA about royalties on CD-burners). The article does not state if/how individuals are to pay GEMA for the actual copies they make." Google's translation is useful if your German is a little rusty.
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Germany's Version of DMCA/DRM

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  • here [google.com]
  • I've been trying to explain most of the
    things like the DMCA, SSSCA / CBDTPA and
    software patents to (regular) people.

    The problem is that they don't seem to
    understand and think I'm talking "bullshit",
    and the governments (USA, EU) are not that
    dumb to allow laws like this (even though,
    software patents and the DMCA are already
    active).

    After showing them some websites they still
    don't understand (as it's too difficult for
    them to understand) and think I'm paranoid.

    These are the:
    - how more expensive how better
    - and if that less people are doing/using it it
    cannot be good
    - I do what most people do, cause that's in the mode
    - if someone is different than me, he's stupid
    - I only know what I know and nothing more
    kind of people

    And it's a pitty these kind of people are
    the majority, so please don't flame me by
    saying this, cause it's just what I noticed.

    Anyway, can someone please tell me where
    I can find an easy explanation of these laws
    for everyone to understand.

    • That's my experience too. I'm labeled as the "copyright nut" in my small group of friends. They go out of their way to not mention copyright related things around me, because I'll end up saying things I've said 1000 times before.


      They really do think that laws like this won't pass because "the people won't stand for it" or "politicians aren't that stupid". They've literally thrown me in with the "black helicopter" crowd. Maybe when the CBDTPA becomes law, they'll finally realize what I've been saying all this time. Of course, by then, it'll be too late.

      • by Anonymous Coward
        They actually said "politicians aren't that stupid"? Jeez, and they think you're "out there."

        [Cue laugh track.]

      • I'm working on a website about this
        issue, easy for everyone to understand ;)

        I hoped this article to make it on the
        frontpage, but there are only 10
        comments currently.

        You can mail me at machuidel@NOSPAMyahoo.com
        without the NOSPAM of course :)
    • Maybe you would get further if you weren't so arrogant?
  • I fear more and more Americanism get imported to
    Germany. If this gets through, rights that were
    deeply ingrained into our behaviour change, and
    no one will be able to see what's next...

    I found that Symlink (http://www.symlink.ch/) has
    an article of a member of the German Party SPD
    covering this very topic. See there if you understand
    German, the article is from this week - dunno
    exactly.
    Symlink is quite a nice Slashdot on German.
  • This is not a slam, but German society seems really big on having lots of restrictive laws. Having to pay to make a copy (of any type) fits right in with that mindset. Lots of activities that can be engaged in freely in the US seem to require permission or an actual license from the government before they may be done in Germany.

    I'm sure German readers who think for a moment will be able to identify specific examples (why don't you see any lowriders on the autobahn?) - but remember I'm not trying to start a flamewar..


    • Having to pay to make a copy (of any type) fits right in with that mindset. Lots of activities that can be engaged in freely in the US seem to require permission or an actual license from the government before they may be done in Germany.


      LOL

      probably you should come over to germany and look around before writing such a bullshit.

      You pay a kind of tax for empty media, like tapes and CD-Rs.

      You can then copy on them what you like. We do not need "fair use" laws. As our copyright law is not that stupid like the US version.

      I can copy EVERYTHING, as long as I pay a fee to the athor depending on the amount I copy.

      However I my not PUBLISH it without permission of the author.

      Citation is allowed for free, of course.

      Regards,
      angel'o'sphere

      P.S. the /. header of this post has nearly no relation to the yaho link it referes too. The yahoo link publishes a comment of GEMA people and not the draft for the law.

      P.S.S.
      In Europe a company is liable for 2 years for goods it sells. I do not need a savety back up of a music CD. I get a new one for free if the old one fails.
  • Not SO bad... (Score:2, Insightful)

    by koto54 ( 539444 )
    The fact that you have to pay for private copy could be an advantage. For example, in France, there are taxes on every blank tapes or CDs, be it audio or video tape, or be it any CD-R or CD-RW.
    Ok, this sucks. But the advantage is that it is written in the law [celog.fr] (sorry, it's a French law, so it HAS to be in French) that in return for the taxes, people HAS LEGAL RIGHTS for what is called "fair use" in US, meaning :
    • copies for their own use;
    • familial usage;
    • short citations.

    So, somehow, we pay for those rights. But this means that RIAA or SACEM (french) could'nt have the money WITHOUT letting us those rights. So, I think that it's not so bad...

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