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DMCA, Auf Deutsch
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."
All the Americans here told the rest of the world to watch out, other DMCA-like bills would try to be passed in other countries. Germany it still isn't too late. Protest in the streets, call representatives, anything. Don't let it pass or you're going to end up in a similar mess as us.
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It's only a matter of time before a Strausburg E-PM (European Parliament Member) passes something similar. The RIAA includes German music companies as well thus they're only seeking to protect themselves on their home turf before moving on to other areas. I'd be surprised if lesiglation is not already pending or passed in the Japanese Diet or Indian Parliament as well as all the major European countries.
That reminds me: Maybe the Iraqi foreign minister will take up his next job as the RIAA spokes person? "There are no reasons to allow people to back up their own CDS! None! Our profits no longer exist now that the Americans...er, pirates have illegally burned music onto CDs regardless of whether they own the songs or not! The RIAA will triumph and see all the pirates locked up!"
As long as there is a Second Amendment, there will always be a First Amendment.
You raise a very curious point.
I'm from (South) Asia, and quite honestly, have always marvelled at European multi-lateralism; for instance, it always struck me curious that Brussels, Paris, and Amsterdam, cities in different countries, are easily accessible by train from any German smalltown. Something that's definitely not possible in South Asia. The point really, is that you seem to sound as if you're given to the idea that lobbying against draconian IPR laws has to be done at an international -pan-European- level. Would you then say that this is the end result of years of multilateralism, that you debate on the subject first, and nationalism next?
From my limited reading on this subject, I know I would have first argued for my country's rights to impose its own laws on itself, rather than lobby internationally.
More than mere navel gazing.
Ok, this post most probably won't be rated as 'informative' but too bad. I've got some karma to waste to tell how I'm feeling right now.
:
This is the lowest point since last June, when Palladium was announced. At that time I thought, if Americans want to sell their freedom to Valenti&Rosen, that's their problem, and this piece of suicidal legislation will never pass in Europe because Europe is just soooo cultivated - or so I thought.
Today, Europe's most cultivated country adopts the DMCA. The other european countries are likely to follow. Even the UK - who has always been good at preserving its freedom - will fall, because he won't dare to offend the US. France will fall in the end : although she likes very much to disagree with the US, and although she values citizenship higher than any economic consideration, she can't do much without Germany.
So, DMCA, Palladium, Longhorn, all that will be in Europe just as soon as in the USA. Palladium hardware is already being manufactured - think about the Opteron. The Palladium OS, Longhorn, will be released in 2005 or 2006. Somewhat later, when critical mass will be reached, the 'secure network' will be activated, thus cutting us from the mainstream network.
The question is no longer how to avoid it. The only thing that could have prevented it from happening was lack of international cooperation. Even the USA were not mighty enough to kill alone the internet. International cooperation was needed. There it is.
The question is how long it will take before people react. The main factors that are going to maintain them asleep are
1) vast availability of media contents on the palladium network
2) patriotism, excited by fear (of terrorism, of piracy...)
3) ignorance : not everybody understands why palladium is so bad.
Reason 1) is definitely the most dreadful. Because 2) and 3) can only be temporary, or so I think. But think of the 'brave new world' book by Huxley and you'll understand how I feel about 1).
War doesn't prove who's right, just who's left.
The software DRM will soon be followed by a hardware implementation. With both the hardware and software DRM in place, non-military control of the Germans is possible if needed. If worse comes to worse, the White House can order Microsoft to use WPA to pull the plug on German computers. That will not be needed often because it will be possible to monitor general activities, and even the contents of specific documents, to effect smoother diplomatic solutions. In a tight spot, the desktop set's microphone activated to pick up conversations.
Audits by the Business Software Alliance can be used as a milder intermediate measure than pulling the plug and as a supliment to monitoring.