Germany's Version of DMCA/DRM

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.

Comments

Google's Translation

[epsalon]

here

Re:Google's Translation

[Anonymous Coward]

Karma whoring at it's finest. Sorry, but we all know where google resides.

How to explain this to unknowing people

[Machuidel]

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.

Re:How to explain this to unknowing people

[einTier]

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.

Re:How to explain this to unknowing people

[trollbot]

Maybe you would get further if you weren't so arrogant?

Re:How to explain this to unknowing people

[Machuidel]

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 :)

Re:How to explain this to unknowing people

[Anonymous Coward]

You can't even speak English well, and you're going to make it easy for everyone to understand!?

Re:How to explain this to unknowing people

[Machuidel]

Correction:
would make it on the frontpage, better!

And the site will be in English, French,
German and Dutch.

I didn't know about spelling control on slashdot,
I found an error in your comment as well, never
put "commas" before "and" ;)

Re:How to explain this to unknowing people

[Anonymous Coward]

It's not arrogant to point out the ignorance of others. Arrogance is exaggeration of one's own importance or worth.

One's statement of having observed and identified another's ignorance is in no way a statement of: "This observation makes me better than you."

The individual who originally posted brings up the issue of commonly found flaws in Americans' way of thinking as a matter of discussion of law. He/she is not "beating his/her chest in dominance!

Maybe "arrogant" wasn't the word you were looking for; perhaps you should have used "correct", instead....

How bad this will get...

[mirabilos]

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.

Re:How bad this will get...

[Anonymous Coward]

Um, this isn't Americanism, this is greed. Greed was well established in Germany generations ago. Part of the nonsense with the Jews was that Aryans wanted more for them and less for the Jews. And the Jews were/are more than happy to create their own insular culture that supports the advancement of Jews only. (This ain't a racist statement unless you can prove that behaviors such as this are a product of genetics rather than choices.)

Of course, greed has been around even longer. There were rail barons in the late 19th century, and before then there were various European empires that fed by conquering other nations, and before that there were various Asian empires, etc., ad nauseum.

Re:How bad this will get...

[Anonymous Coward]

more and more Americanism get imported to Germany

Pfew! I first read more and more Americans get deported to Germany!

The flashbacks (of my grandfather) almost killed me!

Oh oh, I think I really did it this time...

Re:How bad this will get...

[mirabilos]

Nothing against Americans, but I hope they won't,
unless they bring about four million plus their
number jobs with them ;)
Speaking of which, it is quite hard to find not
even a job nowadays, but even places to learn
(Ausbildungsstelle for those who can understand German,
I don't know the word right now).

Before you know it..

[Anonymous Coward]

We'll have to pay royalties if we want to sing along to our car stereo.

Hey, It's Germany

[WinPimp2K]

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..

Re:Hey, It's Germany

[Anonymous Coward]

Does US law allow _any_ kind of copy?

If you don't want to start insulting flamewars, please be a bit more precise. Here in Germany, we rather view the US being more restrictive. For example laws discriminating homosexuals, which really is a contradiction to the great freedom Americans usually claim for themselves.

Re:Hey, It's Germany

[jhunsake]

Homosexuals are an abominition of man, why wouldn't there be laws discriminating against them? Where were the laws protecting the Jews, huh?

Re:Hey, It's Germany

[Anonymous Coward]

I'm glad there are laws protecting the Jews in germany since 1945, which did come too late, I can't and I don't want to justify a single atrocity my nation and its people did commit in history. But what is your point? In all times of mankind, anywhere on the earth about 5% to 10% of man have been/are homosexual. It is a natural phenomenon, no homosexual can decide whether to be homosexual or not. Why can't people accept this fact? Religious fanatism?

So if there is no reason to discriminate homosexuals, this is clearly a violating freedom. And please don't present terms like "abominition of man" as objective, universal facts. They aren't.

Re:Hey, It's Germany

[angel'o'sphere]

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.

Obligatory joke

[Anonymous Coward]

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

[Cue laugh track.]

Not SO bad...

[koto54]

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 (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...

dont' be a bigot

[MrSloth]

this may seem slightly offtopic, but: What could you POSSIBLY have against homosexuals. They're just people who are attracted to their gender, not the opposite gender.

Re:What should Germany do regarding the Middle Eas

[Anonymous Coward]

How many countries lost citizens in the name of Islam on September 11th, 2001?

Great logic there. This Bud's for you!

Now, let's imagine a hypothetical friend of mine decides to form a group which runs a plane into two buildings in.. say.. Germany.. and says this is done "in the name of America".

By your logic, whether all Americans agree that it is their will or not, America is now directly responsible for the death of a few thousand Germans.

So, by the argument accompanying your logic...

digtial rights equals censorship

[Anonymous Coward]

With the music industry making more money year over year, how can they justify controlling you with hidden code in order to protect profits? The answer my fellow brother is it is only an exuse. The real goal of "anti-piracy" technology is cesorship. One only needs to look at how the Jews control the media/entertainment business as well as having powerful lobbyist to implement "their laws" on humanity.

The "Jews" are running the show now, and you would *think* that they would have learned a lesson in history; however it is appearent the reason they are still hated today, is their corrosive influence on society.

--Only a "jew" would write a book called "limits to freedom"