DMCA-Alikes Sweep Europe 281
D4C5CE continues:
"Earlier implementations have been reported from Austria, Denmark, Greece and Italy.
Legal scholars consider the directive itself an invalid "monstrosity", and the German law unconstitutional. In fact, this legislation is viewed as so terribly awful that even from the U.S., the EFF tried to prevent it in a rare intervention overseas.
Declaring that the circumvention rather than the use of Copy Protection is a Crime, the German parliament threatens to make things even worse by adopting a "second stage" with further steps to impose DRM and additional levies later this year, but unsurprisingly, all of the issues that DMCA-style laws have become notorious for are already there: Overbreadth, overprotection of technical measures, and Chilling Effects aplenty.
Record companies eagerly awaiting this "lex Bertelsmann" have already caused ISPs to send out warning letters to P2P users for alleged copyright infringement, and are expected to take legal action against individual users of file-sharing networks, following in the footsteps of RIAA.
Confirming the fears expressed by Alan Cox on Slashdot, computer gurus will soon find no place left to go even on the European side of the pond, and the Free-X "Independence Day" XBox exploit posted by one brave German just in time before this dismal day may well have been one of the very last legal disclosures in this part of the world as well."
Not Ignorance (Score:5, Insightful)
No, it is not ignorance, it is Corporate Control. And don't fool yourself, both left and right alike are controlled by corporations, in almost every country.
Re:Not Ignorance (Score:3, Insightful)
I do think that you should be a little careful in saying that both the laft and right are controlled by corporations. For instance, greenpiece and Tim McVey (the left and right respectively) are not controlled by corporations. I think you mean th
Re:Not Ignorance (Score:5, Interesting)
I personally went to the EP for 3 days last week and there really are an incredible amount of MEPs who did not have any idea at all about how bad the current proposal is and who became quite supportive of us after we explained the situation to them. Informing politicians is not the job of the media, but largely of their assistants. Informing the assistants is a job of lobbying groups and individuals.
If you don't contact any politicians or their assistants, you cannot expect them to hear your concerns (although it would be really nice, of course). They vote on about 60 dossiers per week in the EP, so they just don't have the time to go actively looking for information about each and every one of those. Each party has its own specialist for different subjects. The specialists from each faction then create a voting list together, which more often than not is followed blindly by the rest of the faction (since they don't know anything about the dossier).
This is obviously not an ideal situation, since those specialists often have an agenda to push. So informing as many politicians as possible about your point of view is indeed what is necessary. Some will refer you to their local specialist, but most certainly not all of them.
too far (Score:5, Interesting)
Re:too far (Score:3)
Re:too far (Score:2)
If you think long and hard enough, maybe you'd come to the conclusion that Asia is the safest place to be in? Less hypocrisy, more actual freedom, more talent, more fulfilment. Time to move?
Let the falmes begin.
Re:too far (Score:2)
More Freedom? (Score:3, Informative)
In the just concluded free trade negotiations between the US and Singapore, one of the sticking points (pun shamelessly lifted from countless news reports) was the so-called "Wrigley Clause":- the legalisation of sale of gum on "medical" grounds. Singapore, paranoid about its sparkingly clean and efficient subway doors getting stuck w
Re:too far (Score:2)
Look, I'm all for digital rights, but that's going too far. Jail time? Maybe an overnight stay with Bubba in cell block 3 will convince some college student that piracy is wrong, but this is too much. Ruining somebody's life because they didn't pay Sir Mixalot for downloading "baby got back?"
Specially when you look at the facts, this is just an attemptof badly run megacorporations to enforce their failed business model. Nobody expects all current filesharers to be put in jail because of this (there ar
The court of the Sun King is now in Brussels.... (Score:4, Interesting)
The one thing about the Berlesconi incident (another publisher with alleged crooked links) is that it did prove that there is some life in the Parliament.
Freisler anyone? (Re:too far) (Score:2, Interesting)
And with German lawyers very triggerhappy to send out cease-and-desist letters, it won't get any better. Luckily, we don't have any of this crap one country south yet.
Re:too far (Score:2)
Of course, some RIAA companies have been convicted of massive copyright violation in the past (on song lyrics, for which they failed to pay royalties to the owners), so it wouldn't be too surprising if they actually had copyright violations sufficient to put them away for life.
Re:too far (Score:2)
Re:too far (Score:3, Insightful)
Re:too far (Score:2)
Re:too far (Score:2)
Re:too far (Score:2)
There really is not a big problem in the US with frivolous suits; it's mostly hype, in part stirred up
don't worry everyone (Score:2)
It's like they say, never, ever, piss off your system admin
Re:don't worry everyone (Score:2)
I see it as the problem with governments keeping up with technology. I mean you still hear them talking about Napster here in Australia. What would they do if/when another internet popped up that didn't need all the infrastructure that they use to control what is going on?
Make it illegal to possess or use I suppose, and thats when the real fun begins to start. It's just a matter of staying one move ahead.
The root cause ? (Score:4, Insightful)
Re:The root cause ? (Score:5, Insightful)
No, it's competition, but the downside. (Score:5, Insightful)
But as our ignoring the constitution accelerated, it became clear that American justice was not functioning properly, and American business immediately began to hurt. So my brother saw that this was going to happen [remember, 4 years ago we were still in the boom], and predicted that we would see petty dictatorships rise everywhere. Indeed, it happens.
Oh, well. It is indeed a sad day. Europe had the chance to become the leader of justice, and indeed when Lithuania was considering entering, I considered it more of an advantage than a disadvantage, provided that there was good will.
After all, more free trade is better than less free trade. More natural rights is better than more granted rights. Better for the economy, better for the human condition, better, even, for morality.
It seemed there was more of all that. Now I begin to wonder.
What about the European supporters? (Score:4, Interesting)
Re:What about the European supporters? (Score:2, Insightful)
And along with another French company, Suez, they control 40% of the worlds water supplies. America might lead with the fake free-market spin, but there are just as many European corporations happy to tag along (or even take the lead).
Re:The root cause ? (Score:2)
Re:The root cause ? (Score:4, Insightful)
The next day they have their legislation because noone seems to realize that the corporations would have at least as much to lose as the countries they'd leave
Re:The root cause ? (Score:3, Insightful)
Re:The root cause ? (Score:3, Interesting)
I believe these organizations are going to make a real difference in the coming years. If you live in Europe, contact the nearest, especially if you are eastern european (We need contacts in the soon-to-be-EU countries)
Lack of coverage (Score:5, Interesting)
I'm just curious but have any Slashdot readers from Germany, Austria, Denmark, Greece, or Italy noticed any significant coverage in the media of these euro-DMCA laws? Also, what does the local reaction seem to be? Do most people know enough about the issues to care?
Re:Lack of coverage (Score:3, Informative)
No one is bringing up the _bad_ examples of what this law can do to you. The law hasn't been enacted in Sweden yet, but when it is I'll probably have to stop helping out in hacking the Xbox in various ways myself.
One note t
Re:Lack of coverage (Score:3, Informative)
The review has to be in by middle of september wnd if it can't be stopped it will be law in Sweden at 1 of janurary 2004.
Re:Lack of coverage (Score:2)
Wiki [seedwiki.com]
Other good swedish sites who may or may not bring it up is
EF Sverige [www.efs.se] Swedish EFF - where we had some discussion about the new law in our internal email lists.
Gnuheter [gnuheter.com] news like Slashdot but in swedish.
Re:Lack of coverage (Score:3, Informative)
Re:Lack of coverage (Score:3, Insightful)
the conventional media has pretty much refused to cover it.
Duh. The "conventional media" is 100% owned and operated by the same companies that are benefiting from this law. Do you REALLY think they're going to speak out against something that gives them all the powers of law enforcement with none of the restrictions?
Re:Lack of coverage (Score:2)
Does not matter (Score:5, Informative)
Re:Does not matter (Score:3, Interesting)
How can this be claimed to be consistent with the ideal of 'democracy' that the eurocrats are always blathering about? An unelected group of beaureacrats draft a 'directive' which
Re:Does not matter (Score:2, Insightful)
One the democracy point the issue is this: this matter should have been tackled when the question of principle came up in 2001, not now.
Re:Does not matter (Score:2)
Re:Clearly undemocratic (Score:2)
Thankfully, it is not central to the concept of a representative republic.
The two systems have much in common, but there are fundamental philosophical differences between them.
Re:Does not matter (Score:2)
By the same token, why can't England be forced to adopt the Euro? Looks like such restrictions are only for convenience.
Re:Does not matter (Score:2)
Is anyone surprised? (Score:5, Insightful)
Re:Is anyone surprised? (Score:2)
If you have seen the light, it's enough for your lifetime. Read Alan Cox's answer to the last question in the referenced article. There's many things you could interest yourself in - don't worry over things you don't control.
no more MP3 players (Score:5, Interesting)
whats the point of creating technology that plays compressed music files to enable us to carry around loads of our (paid for) music in a small package if they make it illegal. the whole idea was to make it easy to listen to all of my CD's anywhere without a huge CD wallet bulging at the seams. the napster phenomenon was a different issue totaly, but now it's twisting MP3's from the beautiful thing they were, to a taboo that can land you in jail.
it's not the technology's fault, it's the users fault. guns don't kill people, people kill people - right? well, MP3 players don't steal MP3's. if i can no longer rip MY CD's and upload them to MY player without pissing off some litigator somewhere, then -- F*#% the bozos.
Re:no more MP3 players (Score:2)
Re:no more MP3 players (Score:2, Interesting)
If you can circumvent a protection, haven't you also proved the protection measure to be of no effect?
A locked door which can easily be opened shouldn't be considered a locked door. At least that's what the insurance companies think.
With these laws it's not up to me or you to decide what's effective. Some company can just use a simple shift a -> b encryption and then sue everyone who 'breaks it'. The 'effectiveness' of any protection mea
Re:no more MP3 players (Score:2, Insightful)
"Technological measures shall be deemed "effective" where the use of a protected work or other subject-matter is controlled by the rightholders through application of an access control or protection process , such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective. "
i read this "effectiveness" not as "effective" in a technical sense, but in a legal one; indeed very effective legal protect
Re:no more MP3 players (Score:2)
MP3s are a German invention too (Score:5, Insightful)
MP3 players are popular in Germany, particularly now for cars (MP3/CD) where the compression means you don't need large and inconvenient changers.
Bertelsmann are big though and control distribution rights for both souznd and video products in Germany. They have been lobbying for the implementation of this rule.
However, the real problem is that it is an EU directive. Unless countries can prove a get out under subsidiarity, they must implement the directives or risk a large fine.
The other problem is the multi-region DVD players on sale. This will certainly stop under this technical measures clause. Shame for all those people who want to look at non-region 2 DVDs, for example that large immigrant population from the former Soviet Union.
Re:no more MP3 players (Score:2)
Actually, that's probably the last thing they'd do. If they made MP3 players illegal, it'd get them a lot of bad press, such is the popularity now of MP3 players. They install them in new cars, for God's sake! MP3 players will probably be one of those things that's technically illegal, but they 'let it happen' anyway.
Because the US says so.... (Score:2, Insightful)
Re:Because the US says so.... (Score:2, Informative)
Say what? Of all the developed countries you give out the _least_ amount of money compared to the BNP
Re:Because the US says so.... (Score:3, Insightful)
I wonder why even intelligent Americans always seem to be convinced their country is the biggest single source of aid to poor countries. It's clear that this isn't true (Europe spends many, many times more on foreign aid than the US, as does Japan), yet Americans all think they're the great benefactors of the world...
The key to the USA's global dominance is that they
Re:Because the US says so.... (Score:2)
Er, no, and no.
You produce most of the world's internationaly distributed copyright material (wich is a minority of the total of copyrighted material).
And you loan billions of dollars, with a lot of strings attached.
Why the waste of bandwidth? (Score:5, Interesting)
How about instead, people put some thought into the possibilities of beating some sort of system and what the actual outcome of such regulation would be? There are a lot of clever people in this community and occasionally it's nice to hear what one of them has to say.
1. Will it just be the large coporates who put out DRM protecred media meaing that people who do not get the share of the consumers wallet.
2. Is this going to be like prohibition in the '20s where speakeasy joints for music trading spring up around the world.
3. How practical is it to build an encrypted freenet or something entirely separate from the regular 'Internet' which would allow a sort haven from this type of legislation?
4. Will we just end up as a fractional online society where certain geographical areas of the world (Far East, emerging African states) continue to pump out copies by the ton?
Anyone care to put in a serious comment?
Nah! This is
Re:Why the waste of bandwidth? (Score:3, Insightful)
I think we need to hack up some way to keep a cashflow going from end-user to creators, be it music, film, software or underlying technological infrastructure.
I think it is counterproductive to insist on control of copies, or private monopolies, enforced with copyrights or patents. However, those who do the job need to eat, and it is also counterp
It is not only the EuroDMCA... (Score:4, Informative)
The EU Copyright Directive is not the only worry. EU is also considering IPR Enforcement Directive which would add even more DMCA-like protections to technical measures. IPR Enforcement Directive would also introduce a "conviction of shame": if you are found guilty of rights infringment you must publish the judgement in a publication chosen by the rights owner at your own cost. See a statement by Electronic Frontier Finland [effi.org] on the proposed directive.
(For what it is worth, the Finnish parliament did not pass the national implementation of the EU Copyright Directive [effi.org].)
Re:It is not only the EuroDMCA... (Score:5, Interesting)
I remember hearing a BBC article on the difference betwee the Finnish and British governments. You (yes, you, Joe Public, even Joe Foreigner) can just walk in off the street to the residence of the Finnish Prime Minister, and ask to see any government related document. And they don't peer at you in a suspicious manner and tell you they'll get back to you in two years after checking your security clearance, they smile and fetch it straight away, and get you coffee while you're waiting. For example, they fetched some of the personal correspondance between Tony Blair and the Finnish Prime Minister, the actual original letters, and just handed them over, no questions, no bullshit.
Contrast with asking for copies of the same correspondance in the UK. The UK Freedom of Information act gives you every right to see them, but when the BBC asked for them, they were given the run around, passed from department to department in Whitehall, each one of which expressed amazement that anyone would ask for this. They were eventually fobbed off by being told that such correspondance was classified, too secret to be seen. They said that they'd already seen it, and that it talked mostly about football. This produced outright disbelief, and vague threats about carrying out "further investigation" on the reporter.
I think that sums up the spectrum in Europe. In some places, there is a genuine openness and willingness to trust Joe Public. In others, the citizen is treated with suspicion and disdain.
My hope is that we move towards the Finnish position. My fear is that we'll all end up more like Britain.
Re:It is not only the EuroDMCA... (Score:2)
Re:It is not only the EuroDMCA... (Score:2)
That's unfortunately a blunder in the EFF statement. Read the directive [eu.int] yourself. The article in question is article 21:
"technical device" means any technology, [...] designed for the manufacture of authentic goods and the incorporation therein of elements which are manifestly identifiable by customers and consumers and which make it easier to recognise the goods as being authentic.
So, for instance, unless, say, CSS is "manifestly id
Didn't learn? (Score:3, Insightful)
This is exactly what the copyright holders want, and is exactly what the copyright holders' donations bought them.
When I read and discuss this here, I'm unable to imagine how the DMCA and its ilk continue getting support. But then I leave my house and talk to ordinary people, and they have no idea what the DMCA is nor how it impacts them. And, amazingly, if they do know they usually parrot some of the "pirating is bad" BS they hear in the press.
You'll be surprised, but millions will probably actually be intimidated by the upcoming prosecutions by the RIAA of individuals downloading music, and they will stop. Remember, these are the same Average Joes that believe Microsoft can track their email and Bill Gates will send them thousands of dollars for forwarding chain letters.
Re:Didn't learn? (Score:2)
So are you going to join one of the organisations fighting this? [eucd.info]
Re:Didn't learn? (Score:2)
A brilliant idea (Score:5, Funny)
Okay, everyone in Germany needs to turn themselves in for... oh, say, copying a CD that had some sort of protection on it. I can't wait to see the innovations they come up with for storing five million new pale and obese felons.
Do you really think... (Score:2, Interesting)
If you have a felony on your record, you'll find it very hard to get a job, get credit for a mortgage or car loan, or anything else. That risk alone (and the risk of going to jail) will scare many people away from even thinking about turning themselves in, even if they have done something against the law.
On the other hand, if you can prove via statistics that 90% of the population has copied at least o
Re:Do you really think... (Score:2)
Sure. What would be even more interesting would be - could you get your local cops to charge you? ;-)
That would create an interesting paradox - show up at your local police station, confess to having downloaded 100 MP3z and having burned them to CD for long road trips.
What good is a law when nobody enforces it?
(And for that matter, what's the statute of limitations on the DMCA? Will we ev
Australia has one too... (Score:5, Informative)
See here [gigalaw.com] for details.
America and Europe .. two sides of the same pond? (Score:2)
OTOH, Europe adopting this attitude (London traffic monitoring, inaction against Corporations, resistance to Euro, etc..) is sickening, given it's history and respect to tradition. Lin
Re:America and Europe .. two sides of the same pon (Score:2)
I think you should be modded -1 Plain Wrong.
it does appear that both continents are inevitably compelled to act similarly. Instances - Iraq
Ahem... what?? Iraq was an example of one of the biggest splits of opinion between the US and certain EU countries ever!!!
, NATO
Again, Iraq caused quite a big split in NATO too.
, DMCA
I'll give you this one. The EU's copying the dumb US law word for word.
, MS anti-trust case
Eh? The US didn't get anywhere against M
IT won't make a difference (Score:2)
Them or us ? (Score:2, Insightful)
If internet has done
What gives birth to these "misunderstandings" is "them or us" thinking. It breeds fear, and promotes the wrong kind of people into power.
If slashdot sho
Re:Them or us ? (Score:2)
Last I checked the US government doesn't come over to a European nation with an armored brigade and force people at gunpoint to go into McDonalds, buy Coke, watch American-style TV, or make people buy music they don't wa
New Dutch copy laws (Score:2)
My "company" helps starting artists to get a visible spot on the web to showcase and sell their art. So if there's any organisation that should be on the receiving side of this law, it should be ours. However, the information only goes as far a
Re:New Dutch copy laws (Score:2)
What do we have to do, band together and form a corporation to sue them before they sue us? And we have elected governments for what then?
Stupid Americans and their DMCA (Score:2, Funny)
i wouldn't worry about it (Score:2, Interesting)
the eu is a big dictatorship in the making, they're taking over countries with a "one size fits all" attitude, with disreguar
The DMCA will never reach outside the US (Score:3, Interesting)
Well, let's see it Europeans.
I was really hoping you were right.
Jebus f'ing christ -- ITS THE WTO! (Score:3, Interesting)
For all the times on
Please read below:anti-dmca.org/faq_local.html [anti-dmca.org]
For the Pro-public domain crowd at
The USA's corrupt, plutocratic government is only partly responsible for the DMCA, in reality, they have empowered the bureaucracy to take their weight and allow it to be wielded by the Lobbyists and Lawyers of International Capitalists.
It doesnt matter if you think Im a crazed (i am not) anti-capitalist (i am), the reality is that Corporate Bodies are very literally writing international treaties, that are later enforced in the domestically in the USA, Canada, Australia, EU etc etc etc. The WTO is staffed / funded by the International Plutocrats... * THEY * are responsible for the DMCA -- your corrupt Congress is only an after-thought in the DMCA effort.. and all the rest.
Re:Jebus f'ing christ -- ITS THE WTO! (Score:2)
Europe: Stand up to the US and WTO. (Score:2, Insightful)
Other countries need to stand up to the United States and the WTO, and say "no." I'm sure most people in Europe do not want Europe to become exactly like the United States.
Tell your politicians that you do not want the European Union to turn into the "United States East," which it is slowly (maybe not so slowly anymore) becoming.
This "DMCA in Europe" is likely being pushed through by the WTO, which seems to serve the interests of
Why DMCA must be attacked in the USA (Score:2)
That's the last straw (Score:3, Funny)
I've had enough of draconian legislation that infringes on my rights online. I'm moving to Europe!
Oh...wait...
The EUCD, EU enlargement and DVD region codes (Score:2, Interesting)
From the very beginning, the EU has been about the creation of a single market and the removal of internal barriers against the circulation of people, goods, services, and capital. So if a good is legally in the EU, it is free to move anywhere within the EU without any
DMCA in Canada? (Score:2)
Anyone have any status of DMCA like laws here in Canada?
You people just dont get it. (Score:2)
The rights of the people are pretty much gone. While we believe some still exist, that is only because we either have not noticed, or 'they' haven't decided to remove them officially.
Its all down hill from here. If more people would have stood up when it mattered we might not be in this boat now, on the river to total control.
Re:DMCA Sux (Score:5, Informative)
read up on it. there will come a time when your petty national law will be overridden by the unelected, unaccountable wto... and then the dmca might look good.
Re:Attention (Score:5, Insightful)
There's no safe-haven in the world from this type of B.S., face it. America ain't so bad.
You've got that backwards. This is fodder for people who piss and moan about the united states. These type of laws were pioneered in the US, and it is (to a large degree) US interests that have helped to push these laws overseas.
The US has, in the past, threatened to walk out of international talks because other participants refused to consider the implementation of DMCA-esque laws.
Re:Attention (Score:2)
To which I wonder why anyone cares if they believe the US only wants to increase their dominance through those talks? I should think further isolating America would serve the purpose of European politicians quite satisfactorily.
I am sorry but how could this be modded funny ? (Score:5, Insightful)
Please, grow up (Score:4, Insightful)
Apart from the US spelling of "humor" the only mispelt word in his entire post is the typo of "speech". Granted, his grammar might not be perfect but, as English most probably isn't his first language, that's excusable.
I'd like to see your French, German or Spanish grammar stand up to a rigorous inspection but I doubt that you're able to speak any foreign languages at all.
Stop being a petty little man and grow up.
Re:Please, grow up (Score:2)
Wonder why that post was modded down as both a troll and flamebait. Because it was a troll and flamebait. That somebody pointed it out and that others moderated it as such isn't surprising and it certainly isn't anything new - the same thing happens to a couple of posts on almost every story.
Do you really think that your post wouldn't have been moderated down if as
Re:Please, grow up (Score:2)
You must be new here.
reduces you to the level of personal attacks
I guess "petty little man" doesn't count.
Don't want to be moderated down?
You misunderstand me. I don't care one flying fuck about moderation. What I do find extremely annoying is people whose replies consist entirely of "I don't like what he's saying, plz mod him down, k? thx". If you're going to respond and flame or praise me in broken English (or Esperanto for all I care), great. Let's get it on. If all yo
Re:Please, grow up (Score:2, Informative)
On the Internet, flamebait is a "posting" or note on a Web site discussion forum, an online bulletin board, a Usenet newsgroup, or other public forum that is intended to elicit the extremely strong responses characteristic of flaming and active public discussions. To be effective, flamebait should be a bit subtle (but not too subtle) so that potential flamers will "take the bait." This term is similar to trol
Re:I am sorry but how could this be modded funny ? (Score:5, Insightful)
Between 21% and 40% for the majority of the population. Maybe not insanely low, but not insanely high.
communist health care
The right to free health care is a bad thing?
no right to bear arms
"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"
This is not necessarily the right to private ownership of arms - it can be argued this is the right for the state to have an armed militia (normally called an Army!). Not everyone views gun ownership as a good thing anyway.
forced conscription
National Service dropped in 1962 I believe.
unbelievable regulation of motor vehicles and communications
I am informed by friends in California that vehicles over here would be regulated off the roads there. Communications is as open as in the US.
rampant trade protectionism
No more and no less than in the US. That's why there are regular "trade wars" between US and European industries - you protect yours, we protect ours...
and now europe's getting its own DMCA
Sadly it looks like this may be the case. But guess which nation much of the lobbying is coming from.
Re:Oh well (Score:2)
Hahaha, we have freedom still in 66.7% of EU!! How's that for freedom!
And how do you know you still have freedom in 66.7% of the EU? The little man behind the camera on the streetcorner told you so? Or the unelected Eurocrat in Brussels?
Derek
Re:Oh well (Score:2)
On paper, the US system works fine. That the government infested with lobbyists and monied special interests is not a problem that is limited to the US, although we m
Re:alternative to light-red/green coalition... (Score:2)
Don't you think they have copyrights in, say, Cuba?
Re:alternative to light-red/green coalition... (Score:2)
Re:WTO... (Score:3, Insightful)