DMCA, Auf Deutsch

Kavau writes "The lower house of the German parliament just passed an amendment to the copyright law (sorry, article in German only). The highly controversial law will severely limit consumers' rights to make private copies of copyrighted media, and imposes special taxes on virtually any device that can potentially be used for copyright circumvention (among these devices are printers, CD burners, scanners and cell phones). Also, circumvention of copyright protection mechanisms will become illegal, as it already is in the United States." There's a short blurb (in English) at the Register Update: 04/13 19:20 GMT by T : [Sorry, actually it's The Inquirer]; note that this has passed the lower house of the German parliament, but has not yet been voted on by the upper.

Kavau continues: "The law does not directly prohibit the fabrication of private copies, but it offers the copyright holder the right to do just that. And we probably can expect the majority of copyright holders to make use of this right. The law simply takes away what US citizens would call the consumer's right to fair use. An exception is made for schools and research institutes, which may provide excerpts of copyrighted media to a group students or researchers.

One of the most important maxims of European law is "in dubio pro reo" (if in doubt, rule in favor of the defendant). While this principle applies to the judicature, and we are talking about the legislature here, the new law nevertheless seems to have perverted this principle: it treats every computer owner as a potential copyright pirate. Thank you, government, for the trust you are showing in your citizens! What's next? Special taxes on pen and paper? Note also that we are likely going to see similar laws in other European countries soon. The law follows guidelines imposed by the European Union in 2001."

Comments

Great

[rf0]

Cool another case of the wrold gone mad. So once again I can't copy something I bought for my own private use. What about making a backup of a CD? So basically this is covering everything that can make copies of sounds and then play them back. Prehaps its time we outlawed parrots :)

Rus

Re:Great

[Blue Stone]

"Prehaps its time we outlawed parrots :)"

Perhaps it's time we outlawed corporations funding and fixing laws for their own benefit. :)

Re:Excuse Me...

[KAMiKAZOW]

But what does a German Law have anything to do whatsover with MY Rights Online?

You people do realize not everybody in this world has the same rights, right?

But what does a US Law have anything to do whatsover with MY Rights Online?

You do realize not everybody in this world is boud to US rights, right?

They are irrelavent anyhow....

[argoff]

IMHO, the real battle is going on in the US. If we win here, than the other countries will fall like dominos - and ease copy restrictions across the board, if we loose here then there is no way in hell any other country is going to have the strength to hold out.

Therefore, if you are from outside the USA - I recommend paying attention to what goes on here 1st. Copyrights are very quickly becoming unenforceable without draconian measures, with trillions at stake, for each side, I wouldn't be supprised if all hell's about to break loose.

time to tax artists, typists and other humans too

[erroneus]

With a pencil, I have been able to render some pretty good copies of art work in the past. With a typewriter, I can neatly copy an tire book... or more depending on how much time I can devote to it. For that matter, I can use the same pencil I used to duplicate the copyrighted artwork found on "whatever" commercial product out there.

Okay, yeah, I'm preaching to the choir. I don't believe these IP owners are losing money... and I don't believe they will increase their flow by screwing people via the government using taxes.

And where that is concerned, I can't understand how it can be both ways!!

Either (A) criminalize the act of copying or (B) legalize and tax the act of copying. You can't do both! (Okay, they can do both, but it's kind wrong though.)

I can't understand how we can be taxed for "potentential criminal activity."

Interesting developments...

[Anonymous Coward]

Under ancient (and not-so-ancient) Arabic law, you steal, and you get your hand chopped off.

Under new American/EU policy, you get your hand chopped off so that you can't steal.

And *who* has the brutal regime here?

Not too worried any more...

[Eric_Cartman_South_P]

Seriously... every time a law like the one mentioned in the article gets passed, I used to freak out and just feel down, despressed, and sad for like five or ten minutes. It's the only thing that makes reading Slashdot unpleasant. Or... it was.

Then I think about how, here in the USA(TM), it is illegal to drink under the age of 21, illegal to have sex under the age of 17 (most states) and illegal to smoke pot. Yet these events happen every day, all the time, easily and freely. At least for us geeks that manage to get out of the house a few days a week! :)

So I ask myself, "Self! What is harder to stop the distribution of: a physical, smelly, heavy shippment of pot, or an mp3?" And then I realize that NOTHING can stop me from enjoying my music where and when I want. If the USA(TM) government can't stop the Crack and the Pot, how can they stop mp3's, an invisible, intangible, almost instantly transferable commodity?

They can't.

Re:Schade

[__past__]

Die Frage ist doch eher, ob die Möglichkeit des Kopierens ein finanzieller Verlust für die Content-Produzenten ist. Ich muss ja z.B. auch Mehrabgaben für Drucker bezahlen, wenn ich nur meine eigenen Urlaubsfotos drucke, genau wie ich jetzt schon GEZ-Gebühren bezahlen muss, weil ich einen Fernseher habe, auch wenn ich keine Antenne habe und nur Videos gucke.

And yet...

[Windcatcher]

...we still can't wait to see X-Men XVII, The Matrix Reloaded Again and Again, Armageddon III, Terminator XV, et. al.

We still put money in their pockets, the same money they use to buy these legislators.

What is wrong with us?