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Remember the plan, in the U.S. and Canada, to tax DAT and send the profits to the music labels? Bubblehead writes "GEMA successfully sued HP over the fact that music CDs can be copied with CD-Rs. Now HP has to pay DM17 (US$8) for each CD burner sold since February 1998. So far I only found a German article on this (AP). You can translate with Babelfish. I think this is going too far - it's like adding a surcharge to a camera, because you might take a photo of an expensive painting."

Blocking software can work on any category of material. Here in the States we try to block sex. But in Germany, they're going to use censorware to go after MP3s. Its "Rights Protection System" is rumored to already be in testing - and the rights that get protected are those of Mariah Carey and her label, needless to say, not yours or mine. What does this mean for our German readers, and others? More thoughts below...

If you only read one link, read Fitug's fact sheet (in English). It summarizes the situation pretty well. See Declan McCullagh's Politech for some more links.

Basically, the German recording industry is selling the idea that they should have carte blanche to block any incoming packets they see fit, at the router. As Lawrence Lessig and others have warned, the large ISPs are the weak link, subject to easy regulation. And as Fitug's paper says, only the large service providers need be forced to use this system: small providers get their feeds from the large ones, auto-censored for their pleasure.

Think for a moment about how this system will work in practice. Pirate websites, by definition, operate under the radar: they are hard to find. They are often up only briefly, or require a password to access. They aren't linked to search engines. Sharing copyrighted material is illegal is every major Western country, so these sites aren't going to list themselves on Yahoo.

But it's already been shown that censorware can't even block what's on Yahoo. That's not an exaggeration. I work with the Censorware Project, and we did a report on Bess in 1999. The software didn't just fail to block a lot of hardcore sex. It failed to block hardcoresex.com - and hundreds of other porn sites listed on Yahoo.

This new "Rights Protection System" is going to use the same technologies as existing censorware and have about the same results:

"Im Prinzip funktioniert das 'Right Protection System' also ähnlich wie das Programm Cyberpatrol..."

"So in principle, the 'Rights Protection System' will work like the program Cyber Patrol..."

Someone has to maintain this "Rights Protection System," just like someone has to maintain Cyber Patrol. What chance does it have to find even a fraction of the napster servers, hotline servers, IRC channels, and, yes, even websites where pirate MP3s are being traded?

And when a pirate site is found, the rock'n'roll will be blocked the same way existing censorware blocks sex or drugs. Let's say a directory full of copyrighted MP3s is at

http://BigUniversity.edu/users/joepirate/secret/

The RPS staffers have no way of knowing whether "joepirate" is going to have friends who share MP3s, is going to change user IDs, or is going to put his songs into some other directory. The block will be made not on the /secret/ directory. If the university is lucky, there will be a block on the /users/ directory.

But since the "filtering" takes place at the router, it is much more likely that the entire webserver will be blocked. Big University probably won't be getting many exchange students from Germany next year.

And on what basis is the country going to ask its service providers to put this extra software on their routers? According to a spokesperson for the German branch of the International Federation of the Phonographic Industry (IFPI):

"The packet forwarding process in the router is not a passive forwarding of the incoming signals. The packet is processed and manipulated by the router before it is transmitted onwards. So the [service providers] that purchase and install these routers have a heavy participatory role in the operation of the Internet."

In other words, since the hardware is already routing ("manipulating") packets from one network to another, it's really no different to add a blacklist that forbids certain URLs or IP numbers.

The executives speaking in favor of this proposal make it sound like it's going to benefit the little musician, the one struggling to make it. The IFPI points out magnanimously that it invests some of its profits in unknown artists (duh):

"Jede dritte Mark, die mit den Hits der Megastars erwirtschaftet wird, fließt heute in die Förderung junger Künstler."

"Today, every third Mark made by the megastars' hits goes toward the promotion of young artists."

Isn't that nice. But what about the "young artists" who haven't been signed with a label yet?

If I'm trying to make a name for myself by giving away my own music, and the RPS staffers spot a directory full of my MP3s, are they really going to compare each of my files' titles against their libraries? Are they going to listen to each MP3 they find? More likely, they will assume that files named "my_heart_will_go_on.mp3" and "song-001.mp3" are songs copyrighted by someone else, and not my own original work.

Simple solution: block my whole directory. Or my whole server. If there's a little collateral damage - well, less competition for their own artists.

And they won't bother to tell me about it, of course; so my music is now blocked from eighty million potential listeners - customers - and I will never know.

This doesn't help "young artists" - unless you think enslaving them to the existing labels is helping them. The IFPI chooses to ignore that giving away MP3s can help a struggling artist, not hurt.

Meanwhile, executives for the German Authors' Rights Society (GEMA) redefine arrogance. My German is rusty and Babelfish is almost no help, so bear with me. First, they count their money:

"Erfolgreiche Jahresbilanz. Zunächst aber habe ich die Ehre, Ihnen den Geschäftsbericht 1998 vorzulegen. Er dokumentiert mit seinem Gesamtertrag von DM 1,465 Mrd. und einer Verteilsumme von DM 1,263 Mrd. die wirtschaftliche Ertragskraft unserer musikalischen Verwertungsgesellschaft..."

"Successful Annual Balance. But first I have the honor to submit the business report for 1998. It documents total proceeds of 1.465 billion Marks and a distribution total of 1.263 billion Marks for our commercial music corporation..."

(Incidentally, Babelfish translates "unserer musikalischen Verwertungsgesellschaft" as "our musical exploitation corporation" - which may be accurate but probably isn't what was intended.)

Then, two sentences later:

"...auch die den kreativen Schöpfer bedrohenden Kräfte, die sich hinter Schlagworten wie 'arbeitsplatzschaffende Kommunikationsgesellschaft' oder 'Digitalisierung der Welt' verstecken, nicht aus den Augen verloren werden dürfen. Hier drohen uns - allerdings zu bewältigende - Gefahren. Und in der Tat, sie werden auch nicht eine Sekunde aus den Augen verloren, diese Gefahren. So wird denn die GEMA nicht müde, die globalisierungssüchtigen Verfechter absoluter Kommunikationsfreiheit und damit Verächter von Kultur und geistigem Eigentum immer wieder in die Schranken zu verweisen."

"...and we should not lose track of those powers who threaten creative people*, who hide themselves behind slogans like 'job-creating communications company' or 'digitalization of the world.' We are threatened by these dangers - which nevertheless can be overcome. Indeed, these dangers will not for one second be lost from our eyes. GEMA will never, ever tire of putting these globalization-addicted advocates of absolute freedom of communication - the depisers of culture and intellectual property - in their place."

Boy. How serious are these guys?

But of course they're serious. After all, negative billions are at stake.

Finally, consider what will happen once the German music industry, or any other, manages to install content-based blocking at the routers of the entire country.

Pirated music isn't the only illegal content in Germany. And once the software's in place, no politician will be able to resist adding one more type of content to block.

What will be the next category they enable on their nationwide blacklist? You might think sex. I'm betting it's Holocaust-denial. The denial of the Holocaust is something I've been working against for eight years (wearing one of my other "activist hats"). And for eight years I've been repeating that the most effective way to repudiate this dishonest political ideology is to expose it to the light of day.

Let people read the junk. And let them read refutations of the junk. That's the best way for people to recognize that deniers are liars: give them access to what everyone says, and let them make up their own minds.

But the German government disagrees. Unfortunately, they don't realize that the best way to convince a confused citizen that Holocaust-deniers are saying something valuable is to have the government ban it. "After all," goes the logic, "they wouldn't ban it if it weren't dangerous - and what could be more dangerous than the truth?"

Then, finally, after they make free-speech martyrs out of neo-Nazis, will come the effort to block sexual content. All of these blocking efforts - music, Holocaust-denial, sex - will work approximately as well as censorware has worked anywhere else. And will do approximately as much collateral damage.

This approach to censoring an entire country - block content at the incoming routers - has not yet been tried on a large scale in any Western country. Many Asian countries (notably excepting Japan) and most if not all fundamentalist Islam countries have adopted nationwide blocking. We'll see if this is the first step toward bringing the technology to the West.

If anyone has information about who will be creating and maintaining the blacklists used by the "Rights Protection System," please post a comment here or email me.