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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.

2 of 26 comments (clear)

  1. Re:How to explain this to unknowing people by einTier · · Score: 3, Insightful
    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.

    --
    -------------------------------------------------- $665.95 -- retail price of the beast.
  2. Not SO bad... by koto54 · · Score: 2, Insightful
    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...