New copyright law

Civilian_Target

Have a look at what they want to pass on March 9th in the European parliment.

Its wording not only permits the introduction of absurd software patents, leading to lawsuits designed to allow corporations to stunt the growth of small and medium-sized software developers (many of which exist in your constituency), it allows:
- Ordinary people who perform minor copyright offences (such as taping a TV program or film, or photocopying a page from a copyrighted book, even for educational use) to be treated by the same law as those who perform mass counterfeiting
- Corporate invasion of privacy, including the ability of the right holder to raid a suspect's home, without the presence of the gardaí
- The right of the copyright holder to freeze or seize the assets of any suspect.

As you can see, this document is, if nothing else, a serious infringement of the premise of "innocent until proven guilty" that we hold so dear in this country.

Further information on this directive can be found at http://www.ipjustice.org/CODE

And yes, the above is a copy/paste of a letter I sent to my local MEP

bonkey

Originally posted by Civilian_Target
permits the introduction of absurd software patents,

Can you give an example of such an absurd patent which is not possible today that will be under the new law, should it pass?

jc

mr_angry

Here's a quick synopsis of what I added in my own e-mail to an MEP:

The proposed legislation makes no exceptions based on situational ethics, nor on the basis of generally accepted means of home recording, such as videotaping. I am not entirely familiar with European law on the matter, but certainly American law dictates that the home recording of television shows is deemed acceptable, as is the production of hardware and software to do so (referring to the cases of MGM vs. Sony (1976) and Sony Corp. of America vs. Universal City Studios Inc. (1984)). As I said, I am not familiar with European law on the matter, but I am assuming it currently offers the same exemptions to innovators and consumers.

However, it appears to me as if this new legislation will entirely supersede existing law, and give supposed copyright holders the ability to control innovation based entirely on their own motives, and effectively police both innovators and consumers alike. The fact that no distinction is made between home recordings and mass-piracy is, in my opinion, absolute madness. I’m confident that you yourself probably own a video recorder, and are happy to record whatever programs you may wish to preserve for later viewing. However, under this legislation, doing so will be treated no differently than mass-piracy, and the copyright holders, or agents acting for the copyright holders will be given the freedom to enter your home, and seize any equipment that they deem responsible for the act (VCR, TV, satellite dish, etc.), without a shred of prior evidence.

Given the greater pervasiveness of Internet and wireless technology, it is now becoming easier to both maintain home recordings on computer, and obtain information on those home recordings via the Internet. No mention is made in this legislation regarding what forms of evidence gathering are acceptable, and what aren’t. Are the copyright holders free to create computer virus which invade consumer’s privacy, and determine if the said individual has any home recordings? None of these issues have been addressed, and while it may seem far-fetched at the moment, pretty soon VCRs will be available with Internet connections, and even that information will be put at risk.

Frankly, I think the implementation of this legislation, at this time, and without further amendment would be a massive over-reaction to a problem which is receiving a considerable amount of media attention at the moment (some might describe it as “hype”). I hope I can rely on you and your fellow MEP representatives to look hard at what this legislation would do to the Irish judicial system, and come up with a more rational solution to the problem.

Sparks

Originally posted by bonkey
Can you give an example of such an absurd patent which is not possible today that will be under the new law, should it pass?

I seem to recall this coming up not too long ago. Examples such as retroactive patents on bubble sorts and other basic algorithims were being quoted at the time....

gurramok

Ordinary people who perform minor copyright offences (such as taping a TV program or film, or photocopying a page from a copyrighted book, even for educational use) to be treated by the same law as those who perform mass counterfeiting

Those gobsh1tes that will vote in this law must have plans for many more prisons, that means you and I are guilty for taping that fav tv show !

Corporate invasion of privacy, including the ability of the right holder to raid a suspect's home, without the presence of the gardaí

Surely this is gestapo type tactics ?

Raiding someones home based on what a private/semi-private organisation thinks without going through the judicial process is disgraceful and repugnant.

The right of the copyright holder to freeze or seize the assets of any suspect.

Surely this is based on hard evidence and conviction of a suspect ?

EU wide laws are not neccessarily a good thing if this law comes into being, the likes of a small country like ours have no powers to reject it ?

Hobbes

Can someone quote the actual parts?

mneylon

There was extensive coverage of this in the media about a month ago. For ISPs and hosting companies this new legislation poses a very worrying threat. It would make us liable for users' abuse (no matter how small).

Syth

Taping things off the TV was always illegal, as far as I know. Actually in the UK it's illegal to copy a CD you own onto an MP3 player for about 15 years.

One of the differences with these kinds of new laws is that companies are starting to put technical procedures in place to try to prevent all kinds of copying. The new law will give these techincal mesaures added legal strength, and will make breakiing them a crime. Now it's only illegal if you copy a CD or DVD, but in future it will be a crime to know how to copy a DVD. If you tell someone how to copy a DVD you will be breaking the law. Try backing up your films when your not allowed to know how to copy it. Not only that but any kind of anti-copying protection is included including very insecure copyprotection. I think the law is modeled on the US Digital millenium copyright act. (DMCA)

It's all bad news.

Syth

The Times in London had a good article about the new law:
http://www.timesonline.co.uk/article/0,,7947-1024547,00.html
And in pdf form: http://www.ffii.org.uk/ip_enforce/Technobabble.pdf

I love the way it starts: "THERE IS ONLY one way to deal with a teenager who swaps Britney ringtones with her friends: raid her home, freeze her assets, and use anonymous witnesses to denounce her in court"

mr_angry

Does anyone know if the legislation was passed today? The IP Justice site hasn't been updated yet anyway.

BBC also picked up the story today:
http://news.bbc.co.uk/2/hi/technology/3545839.stm

BattleBoar

brought up in THIS thread, but the interest was pretty weak. The bad thing is no one really cares about getting their rights stripped until it's too late. Here's the latest:

New Euro directive means Hollywood can break down your door at midnight

Integrity of French Euro MP called into doubt


By INQUIRER staff: Tuesday 09 March 2004, 19:45

IP JUSTICE said the European Parliament has approved a controversial directive which could criminalise innocent end users for accidental infringements of intellectual property.
The European Intellectual Property Rights Enforcement Directive allows Hollywood and recording industry enforcers to prosecute consumers for minor and non commercial infringements of intellectual property rights.

And ISPs will be forced to disclose info about their customers to the recording industry for civil prosecution of P2P file sharing.

The directive also allows private citizens' houses to be raided, bank accounts to be frozen, and assets to be seized without a court approving the move.

Robin Gross, executive director of the civil liberties organisation IP Justice, said that traditional civil liberties, fairness, balance and proportionality have "been thrown to the wind in the over zealous rush to pass this dangerous directive".

And IP Justice reported that French Conservative MP Janelly Fourtour will directly profit from the new law which it claims she "rushed through the parliament". Her family owns Vivendi Universal, IP Justice said.

A set of amendments was not debated, and the European Council is set to ratify the directive on 11th March. Member states have 24 months to get with the directive. µ

mneylon

It was voted on and passed yesterday. The council has to rubberstamp it and then it is up to the member states how it is implemented.
The general apathy this has met with in the media and elsewhere is worrying to put it mildly.

Civilian_Target

Yeah, agreed. I was surprised after all the fuss over e-voting that this wasn't more prominent, even on boards. The Irish government can still delay it for quite a long time though, now that it's been passed.

http://news.zdnet.co.uk/business/legal/0,39020651,39148199,00.htm

Sparks

Well, it's not reported on, it shows up nowhere in even the usual geek's news sites, and it happens off in Brussels which tends to be a media dead zone here. No wonder it wasn't noticed till now - I mean, I knew it was coming up, but never saw anything about it and didn't know it had been passed till now.

mneylon

Originally posted by Civilian_Target
Yeah, agreed. I was surprised after all the fuss over e-voting that this wasn't more prominent, even on boards. The Irish government can still delay it for quite a long time though, now that it's been passed.

http://news.zdnet.co.uk/business/legal/0,39020651,39148199,00.htm

From what I have gathered they are trying to push through a lot of legislation prior to the expansion.. Dear Bertie (sic) is probably trying to impress the 'boys'

Syth

If you want to be informed about this things, then subscribe to the Irish free software Organisation mailing list: http://mail.fsfeurope.org/mailman/listinfo/fsfe-ie/

Sparks

But this isn't about free software, it's about Intellectual Property, which, while involved in free software, is a totally seperate animal.

Syth

But this isn't about free software, it's about Intellectual Property, which, while involved in free software, is a totally seperate animal.

True, true. But you'll tend to find that the people whoa re involved in the free software movement, are also interested in all this copyright stuff. Are there any other irish organisations that are campaigning about this?

Sparks

None that I know of Syth.