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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."
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
Cheap UK and US VPS
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.
Visit www.seriouslythough.com
The upper house (Bundesrat) in Germany is only 'allowed' to intervene under certain circumstances. Since only the FDP - who have around 7% of the vote - are against this, consider the Bundesrat to be a formality.
What this law represents is making a decision already passed at EU level a law valid in Germany, they did not have a lot of room to maneuvre.
Mielipiteet omiani - Opinions personal, facts suspect.
... but it starts to smell likes you have to go to beyond the ex iron curtain to get some liberty on your privat stuff (like back up every single of your soft *which* I do after loosing 2 cd to accident) or loosing public domain or everything. We really seems to go into the Corporantism at outrance where we human cease to have rights except obying what the corporation comes up with sicne they hold or nearly hold the hands of the law.
And before you starts speaking of alternative, let me snort a big time and ask you if those alternative are for the big public or only a few hacker resistant.
C. Sagan : A demon haunted world:
http://www.amazon.com/gp/product/0345409469/
visit randi.org
I dont know if these are dynamically created URL's, but here is a link to the Babelfish's translation - a bit ropey, but for those who dont read German at all, its a start :)
link
"Hey! Unless this is a nude love-in, get the hell off my property!!"
How are people supposed to circumvent copyright laws using cell phones? :)
Wait.. you probably shouldn't tell me, it might be illegal.
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?
Jerry Brown might have wanted California Uber Ales, but it looks like Hollywood over all.
Friends don't help friends install M$ junk.
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.
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."
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?
You fucking idiot. Germany is more free than most of the world today.
Read a fucking history book or better yet, go visit Berlin.
Asshole.
"Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
The German parliament which has just adopted DMCA-style provisions to outlaw the circumvention of technical protection measures that control and curtail the fair use of intellectual property (and only needs the other House's assent for part of the new legislation) makes Germany the third country, following Denmark and Greece, to implement the highly controversial "monstrosity" known as the European Union Copyright Directive 2001/29/EC.
This move, allegedly a "propaganda victory" dubbed "lex Bertelsmann" (after the giant media conglomerate expected to line their corporate pockets under the new laws) in furious disapproval by tech-savvy parts of the news media, makes Germany one of the early adopters setting an unfortunate precedent for further European countries like the UK and France whose citizens, and notably developers like Linux kernel guru Alan Cox, will probably not be spared from similar legislation for much longer either.
Although open-source researchers, cyber-rights activists and even the ruling Social Democrats' very own IT experts as well as hardware manufacturers underlined the severe dangers and inconsistencies of this new and doubtful philosophy extending copyright law to reduce many of the general public's rights to insignificance, in a debate focusing only on academic exemptions from the publishers' power grab, the opposition even tried to tighten the government's bill, ignoring widespread experiences of Chilling Effects such as censorship and assaults on the Freedom to Tinker during the past four years under the EUCD's U.S. counterpart of draconian "bad law and bad policy", the flawed Digital Millennium Copyright Act, another overreaching implementation of the
punished.
The draft text of the law states that circumvention for private use is not allowed, but cannot be punished. It also states that you have the right to make a private copy. It doesn't say you have the right to a private copy.
Private use means that you can give a copy to people you have immediate private contact, i.e. friends and family.
***Quis custodiet ipsos custodes***
http://babelfish.altavista.com/babelfish/urltrurl? tt=url&url=http%3A%2F%2Fwww.spiegel.de%2Fnetzwelt% 2Fpolitik%2F0%2C1518%2C244345%2C00.html&lp=de_ en
The very last part de_en can be substituted with your language but I don't have a list handy.
Sometimes the translations are very funny.
I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
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.
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.
Ring tones. They are delivered via SMS, and the potential exists to re-distribute them to your friends via SMS as well. At $2.00 per instance, they pay better than full length songs which various comercial download sites are trying to get $1.00 each for.
-Rusty
You never know...
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.
Programming can be fun again. Film at 11.
Looks like. And I always thought "poor Americans, there goes their freedom". Gotta change my European attitude.
So the only place where we are safe for now on is in some 3rd world countries where they just have bigger problems than "piracy", maybe even real pirates with eyecaps and everything. Who knows *g*.
But why am I joking? It's just sad. We need a scheme in which musicians/actors/writers can make money without selling CDs/DVDs,.../books. Or a change in mind in which "star"/manager != millionaire
But I suppose that won't be anywhere in my lifespan.
"Be careful or be roadkill" - Calvin
As a historian once told me - history is a story of visionaries and reactionaries. The visionaries create the new future, and the reactionaries try to block those changes and keep the status quo. Here one might say, the USA is the visionary and old-Europe is the reactionary. The US is constantly changing, and growing, where Europe is trying to maintain the world super power status they once had. Another example, visionary currency traders figured out how to call a nations "bluff" (eg when when HK artifically peged their currency to the dollar) reactioaries grouped their currences together into a single large one (the Euro, but notice how the two strongest Euopean economies passed). When visionary leadership in the US went to route out a ruthless dictator who terrorists could possibly get deadly weapons from, reactionaries desperately tried to block it every step of the way. Visionary programmers figured out how to share music on the internet, reactionary media industries sought to counter it. Visionary companies figured out how to make money from free software, reactionaries are trying to impose the DMCA. Visionary students in the the US now consider it the norm to freely share music, reactionaries are suing for billions.
Sadly, I would say Euope multi-lateralism is more about being reactionary than not.
This shouldn't be a suprise to anyone. This is just the next step required of each signatory to the 1996 World Intellectual Property Organization Treaty. First the DMCA, in the US, then legislation in Mexico and now Germany. It's important also to note that the DMCA is only the first step with regard to amended copyright legislation in the U.S. It only partially brings the United States into complience with the 1996 treaty. The german legislation comes closer to bringing that country into compliance, than the U.S. legislation. Expect far more stringent laws to be passed in the U.S., updating the DMCA, and also additional legislation in Germany (after passage of the bill currently before their legislature) to bring that country completely into compliance with the treaty as well.
--CTH
--Got Lists? | Top 95 Star Wars Line
...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?
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 protection of DRMS - the controversial part of the DMCA - has never been an US-only law. It is also part of the WIPO Copyright Treaty (WCT) currently signed by 51 countries, including the European Communities and all of its member states.
While the WCT could theoretically be ignored by its signatories as there's no legal system to enforce its implementation, this is different for the European Communities member states: The EC has implemented the WCT as a EC Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society), which is binding to all EC member countries. It had to be implemented until 22 Dec 2002 (yes, last year).
So, one should note that:
To really change something, you have to address the WCT (and the EUCD).
Claus