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Italy Approves Jail for P2P Users 533

Posted by CmdrTaco
from the well-bully-for-them dept.
funkdid writes "Italy has made transferring content via the Internet without the permission of the copyright holder a criminal offence.Those found guilty of the unauthorised distribution of copyright material now face a fine of between 154 and 1032 ($185-1240), a jail sentence of between six months and three years, the confiscation of their hardware and software, and the revelation of their misdeeds in Italy's two national newspapers, La Repubblica and Corriere della Sera."
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Italy Approves Jail for P2P Users

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  • by spiritraveller (641174) on Thursday May 27, 2004 @02:08PM (#9270186)
    from a country that chooses ,a href="http://news.bbc.co.uk/2/hi/europe/3034600.st m">its own version of Rupert Murdoch to be the supreme leader.
  • Re:over reaction (Score:2, Informative)

    by turambar386 (254373) <turambar386&routergod,com> on Thursday May 27, 2004 @02:09PM (#9270211) Homepage
    What country are you from? I'm willing to bet that the potential fines for the illegal trading of copyrighted material are MUCH higher than the fines for speeding in just about any nation on the planet, with the possible exception of Finland.
  • Re:Italian law? (Score:2, Informative)

    by Seth Finklestein (582901) on Thursday May 27, 2004 @02:11PM (#9270241) Journal
    I spent about 25 years practising law in Italy, so I feel that I am uniquely qualified to answer this question.

    Italy also has a notion of freedom of the press, although they call it "illa libertario della prensa." However, there is also something called the "obligation of the press" (illa obligadrio della prensa) in which all nationally-sanctioned newspapers are required to print certain materials. Much like legal notices and novenas in American newspapers, the Italian government has the power to influence the press. All of these announcements are clearly labeled and are almost never mentioned in the newspaper itself, but of course this P2P issue will easily become a page 1 news story of its own.

    I welcome any other questions that you have about the Italian press.

    Sincerely,
    Seth Finklestein
    Il Duche Della Cybersecuridata
  • Re:Italian bootlegs (Score:5, Informative)

    by Anonymous Coward on Thursday May 27, 2004 @02:13PM (#9270267)
    Italy's prime minister is a high up executive of one of their major media conglomerates. Its a major conflict of interest. I believe the company has dealings with both music and owns the newspapers as well as some national television stations.
  • by Lochin Rabbar (577821) on Thursday May 27, 2004 @02:13PM (#9270271)

    My aren't you quick on the uptake [bbc.co.uk].

  • Re:Italian law? (Score:2, Informative)

    by Rude Turnip (49495) <valuation@gma[ ]com ['il.' in gap]> on Thursday May 27, 2004 @02:14PM (#9270282)
    At least one of the local papers here in NJ publish the names and street name of residence of guys who have been busted for picking up hookers. You think that wouldn't be punishment?

  • by Anonymous Coward on Thursday May 27, 2004 @02:16PM (#9270307)
    How long, with computerized production bringing music and movie making power to the desktop like never before and laws like this popping up, will it be before we see free or even Open Source movies.

    Open Source movies? Here you go. [archive.org]
  • Re:Italian bootlegs (Score:1, Informative)

    by Anonymous Coward on Thursday May 27, 2004 @02:18PM (#9270329)
    To be more exact...

    Berlusconi Background [economist.com]
  • Re:Newspapers (Score:5, Informative)

    by dmoen (88623) on Thursday May 27, 2004 @02:20PM (#9270350) Homepage
    Does that mean their government controls what is printed in the newspaper?


    All of the Italian media is under direct government control, mostly because it is controlled by prime minister Silvio Berlusconi, who owns all the media. Criticism of the government, and criticism of Berlusconi in particular, by the media, is not tolerated.

  • Re:Italian law? (Score:3, Informative)

    by Lemmy Caution (8378) on Thursday May 27, 2004 @02:23PM (#9270375) Homepage
    There are a number of things that must be published in the public record, almost always a newspaper. Fictitious name statements for businesses being the most common one.

    You're pretty naive, you know that?
  • by bigberk (547360) <bigberk@users.pc9.org> on Thursday May 27, 2004 @02:25PM (#9270416)
    This is the kind of lunatic laws you get when the recording industry lobbies government [ifpi.org] (hey, they got the cash!). Even in dear old Canada, where the courts protect our privacy through ISPs and uphold our right to freely copy media we own, the recording industry is lobbying government to change Canadian copyright law. If our government ratifies WIPO [parl.gc.ca], as the industry is pushing them to do, we'll lose many of the media rights we enjoy (this will bring the DMCA into Canada). Please, visit our Digital Copyright Canada [digital-copyright.ca] site, sign the Petition for Users' rights, and make digital freedom an election issue!
  • Re:Enforce it. (Score:3, Informative)

    by Nephilium (684559) on Thursday May 27, 2004 @02:31PM (#9270477) Homepage
    It all depends on whom it's being enforced *against*... a local community by me forced through a draconian curfew about ten years ago... basically no one under 18 was allowed to be out of their homes after 10:30 PM... the police hated it and fought against it... it got passed and the first person arrested for it was the mayor's daughter... coming home from work...

    The curfew lasted six months after that I think...

    So if you are going to go through harsh enforcement the key is to go after the government members families... I'm sure at least some of them have teenage kids downloading music, TV shows, and movies...

    Nephilium
    In a society in which it is a mortal offense to be different from your neighbors your only escape is never to let them find out. -- Maureen Johnson in To Sail Beyond the Sunset
  • by Anonymous Coward on Thursday May 27, 2004 @02:37PM (#9270551)
    The article title is a little bit misleading, no? You can go to jail for transferring copyrighted files (I'm not saying this is cool), not for simply using P2P services.
  • by Anonymous Coward on Thursday May 27, 2004 @02:44PM (#9270643)
    Two words for you friend: Diebold Memos.
  • by AsparagusChallenge (611475) on Thursday May 27, 2004 @02:56PM (#9270767)
    president of italy

    Prime minister please.

    He's accused of corruption and has called a german politician a nazi or something like that. But he's more fasist I think then anyone in europe

    Not just that; he's quite the media mogul:

    1974: Telemilano
    1980: Canale 5
    1983: Italia 1
    1984: Rete 4
    1985: (movie theater chain), Milan AC soccer club
    1990: publishing conglomerate Arnoldo Mondadori Editore S.p.A

    Source: http://www.museum.tv/archives/etv/B/htmlB/berlusco nis/berlusconis.htm

    Tyrannical media control law? Just do the math.
  • Re:Enforce it. (Score:3, Informative)

    by darf (182630) * on Thursday May 27, 2004 @03:05PM (#9270866)
    This is false. The choice to allow a free felon to vote is made on a state by state basis.

    This is from the DOJ website: "The right to vote is an important civil right in a democracy as well as a civil responsibility, and yet many persons who have been convicted of a crime do not know whether they are eligible to vote. For both federal and state elections, the right to vote is controlled by the law of the state in which you live. Some states restrict the right to vote for persons who have been convicted of a crime."
    http://www.usdoj.gov/crt/restorevote/rest orevote.h tm

    Sorry to be OT but I wanted to correct this.
  • Re:Newspapers (Score:2, Informative)

    by rongten (756490) on Thursday May 27, 2004 @03:11PM (#9270919)
    I believe you do not know very much about Italy.

    If all the media is under direct control of Berlusconi, even the one that once he possessed, how is it possible that all the major newspapers are leftist and against the government agenda?

    Abroad I had to ask explicitely to the press shop to order "Il Giornale", one of the two or three newspapers that do not criticize Berlusconi every day without sound arguments.

    Sorry to say but all the story of press taken hostage from the government is false.

    Try to read the italian newspapers, the one you find commonly abroad, and you'll see.
  • Re:Italian bootlegs (Score:1, Informative)

    by Anonymous Coward on Thursday May 27, 2004 @03:16PM (#9270969)

    Wake up, Berlusconi or not, this could happen to any italian government. This comes after years of nonsense legalizing of the SIAE's (Italian Society of Authors and Editors, sorta a RIAA+MPAA of all the copyright sphere) every silly wish.

    Just an example: the Alpine corps (Alpini) are famous not only for beign elite corps, also for keeping an orchestra and chorus that interprets the Italian anthem at chosen events. Well, they are now forced to PAY THE SIAE for the right of "public performance" of the national anthem!!!

    Read some here (italian) [gazzettino.it]

    and here (also italian) [cesarecampa.it]

    or google for "alpini inno siae" [google.com]

  • by benna (614220) <mimenarrator@g m a i l .com> on Thursday May 27, 2004 @03:35PM (#9271177) Journal
    So obviously the papers would be exempt.
  • Re:Enforce it. (Score:3, Informative)

    by glitchvern (468940) on Thursday May 27, 2004 @03:50PM (#9271357) Homepage
    The first link off of google for felon vote is here [nationalreview.com] An excert from it is :
    Forty-eight states currently have some form of restriction on the right of felons to vote. The exceptions are Maine and Vermont, which even permit inmates to vote. Thirty-three states disenfranchise felons who are on parole. Eight states deny felons the right to vote for life.

    I had thought most states allowed felons to vote and only a few still denied it. Guess I was wrong.
  • by jamesjameson (783298) on Thursday May 27, 2004 @04:04PM (#9271494)
    First off, kiddo, there are perfectly clean lines in life. They just are not comfortable to accept or easy to understand.

    All forms of information- music, software, literature - should be free and available to the public. Humans possess an innate desire to understand the world around them. Any attempts to control any form of information goes against our very nature. We will inevitably find ways to explore these ideas regardless of how restrictive policies governing the distribution of information become. Never before, and never in the future, will there be a successful attempt at censorship. The only thing you are supporting is a tighter control of the information that you are able to receive. You are allowing people who have no respect for you - who are only looking out for their best interest - to make you a less informed less educated citizen.

    Perhaps you are worried that the artists that work so hard to produce good music or books won't get paid for their contribution. Free flow of information, however, does not affect sales. People that can afford to purchase a quality album, out of respect for the artist, generally do, regardless of whether or not it is available for no cost elsewhere. A study at Harvard has shown that this is true, albeit the study did only analyze the effects of file-sharing on the music industry (not books or software). They tracked music downloads over a 17 week period and then compared the file transfer data to market statistics for the songs and albums that users were downloading. They found that:

    "Downloads have an effect on sales which is statistically indistinguishable from zero, despite rather precise estimates - moreover, these estimates are of moderate economic significance and are inconsistent with claims that file-sharing is the primary reason for the recent decline in music sales,".

    http://www.news.harvard.edu/gazette/2004/04.15/09- filesharing.html
  • by Anonymous Coward on Thursday May 27, 2004 @04:40PM (#9271796)
    unfortunately italy and also europe are governed by occult masonic forces so do the math

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