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UK Prepares Own Version of the DMCA
philkerr writes "I've just been informed by the UK Patent Office, below, that the EUCD (European Union Copyright Directive, the equivalent EU legislation to the DMCA) consultation paper has been released. It's important that we give feedback to the UK government that this legislation will have a chilling effect on the software industry." NTK has a few choice words on the subject as well. We've done several articles on the EUCD before, and Alan Cox has been campaigning against it, but it appears that the fix is in: Europe is going to get DMCA-like laws implemented in each nation by the end of 2002.
Remember that in 1984, the main character believed that a true revolution against an evil government could not be started by a small gang of intellectuals, but that it would have to be the 'dumb masses' (known as the 'proles') who could summon the power to do it?
To be honest, I can't see the point in fighting this. It's a bad way to go, sure, but a fistful of academics and computer scientists isn't going to sway the supposed 'ideals' of modern government. Keeping track of citizens is seen to be a good thing, and the only way we can stop governments bringing in draconian laws like these is to get millions of *common people* to rebel against it.
This isn't going to happen. I've had discussions with people, and asked them what they thought about losing their privacy, and they generally believe that if you're doing nothing wrong, then who cares?
The proles are useless, and they are not going to help in this fight. Stupid laws like the DMCA, IR35, RIP, terrorist Acts, will continue to pass through while governments preach that they'll improve your security.
Sure, they might improve security, but for every bit of assured security you gain, you lose a bit of assured freedom too.
mogorific carpentry experiments
Definitely a tempting thought...
However, why should *we* be the ones to move out? Huh? Both the US and the UK are (supposed to be) democratic nations. Isn't that the point of establishing a democracy in the first place? So that we don't have to leave, but instead can change the nation and government to better suit the people?
Maybe I'm too idealistic, but it seems to me that too many have given up on democracy really working (including myself often). The real test is that countries can change. That has happened in the past, if it can no longer happen, I think the fault lies more with the citizens than with the elected officials.
Just my $0.02
Who said Freedom was Fair?
For all you cynics out there that think you can't do anything to stop this:
1) The UK Patent Office undertook a consultation exercise into extending European patent law to cover software and business methods in the same way as in the US. They only had 285 responses - 241 individuals and 44 organisations. See their conclusions from the exercise. In particular:
"To extend patentability so that these developers have to divert time and effort into making sure they are not infringing patents, and seeking and enforcing them, would impose a major burden. The necessary case for believing that a significant extension of patentability would increase innovation in this field simply has not been made. In fact, as many respondents suggested, it could have the opposite effect."
They will have an influence on the European patent office. Other influences may prove stronger - the battle is not yet over.
2) A couple of months ago, the government in the UK was planning on making everyone's phone records (including mobile phone location data) and internet data (URLs visited and emails sent and received (header details, I think - not sure) available to many government departments, local councils and even private utility companies. There was a large outcry here. People were encouraged to fax and write to their MPs. What happened? The legislation was withdrawn, and the minister responsible, David Blunkett (a SENIOR government minister) even apologised about it.
Yes, these ARE different issues. But when a change in the law like this is being proposed, if you go about it in the correct manner you can have a (small) influence on what happens. If enough people get involved, you can have a major influence.
I'll take the bait...
When a graduate student is afraid to present a paper, I shiver. The fact that MicroSoft, for whatever reason, chose not to actively oppose the paper is good, but the fact that the college was worried to that extent was a perfect example of chilling effect.
There was also Bruce Perens having to withdraw a demonstration because HP was afraid of the repercussions. That's free speech which was curtailed by the chilling effect of the DMCA.
There are more, but that should be enough to show that a chilling effect exists.
DMCA is alas just the implementation in local laws of the WIPO recommandations. So it's just a matter of time until all the countries that have adhered to WTO (i.e nearly all) implement similar law. Have a look at this intersting FAQ http://anti-dmca.org/faq.html