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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."

17 of 233 comments (clear)

  1. Great by rf0 · · Score: 4, Insightful

    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

    1. Re:Great by Blue+Stone · · Score: 4, Insightful
      "Prehaps its time we outlawed parrots :)"

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

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  2. We Told You Guys.... by k-0s · · Score: 4, Interesting

    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.

  3. The Upper House is effectively a formality by Vlad_the_Inhaler · · Score: 4, Informative

    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.
    1. Re:The Upper House is effectively a formality by Vlad_the_Inhaler · · Score: 3, Informative

      Additional information:
      The CDU are in Opposition in Germany, but have the majority in the Upper house. They have indicated that they will see how this law turns out and maybe introduce a packet of updates to it.

      I am not sure I trust them to do a good job, and their hands are pretty much tied by the EU directive 2001/29/EG anyway. This original EU directive was passed in June 2001 and should have been adopted as national law by the end of last year.

      This means that other EU countries must have passed similar laws over the past few months, can anyone who knows comment on this?

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    2. Re:The Upper House is effectively a formality by villoks · · Score: 4, Informative

      >This means that other EU countries must have passed >similar laws over the past few months, can anyone >who knows comment on this?

      You are right. So far Greece, Italy and Denmark has adapted their national copyright laws and others will follow. More info about the situation can be found from here: http://wiki.ael.be/index.php/EUCD-Status

      We managed to postpone the implementation in Finland (the law was actually sent back from Parliament, party because it was very badly written, partly because it was over-reaching) but it will come back sooner or later. As long as the directive exists as today, there's not so much what can be done.

      Ville

      PS. We (EDRI) are starting a campaign to minimize the damage in Central and Eastern Europe. If you are from the region and want to actually do something, please contact me!

  4. Re:Excuse Me... by KAMiKAZOW · · Score: 3, Insightful

    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?

  5. They are irrelavent anyhow.... by argoff · · Score: 4, Insightful


    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.

    1. Re:They are irrelavent anyhow.... by villoks · · Score: 3, Informative

      Well..

      US is definately important and your trade-policy is currently aimed to secure markets to Disney and Microsoft, what ever it takes. In this sense it's very important what happens in the "new continent".

      Never the less, EU is still independent and currently there are some indicators that the wind is really changing here to more reasonable direction. For example European Parliament (which nowadays has even some political power) has taken so far a VERY interesting stance on software patents:

      ITRE

      CULT

      Anyway most of this laws are based on international treaties and unless the lobbying will start in WIPO and WTO, the fight is futile..

      Ville

      PS. We (European Digital Rights) are starting a campaign to minimize the damage coming from EUCD in Central and Eastern Europe. If you are from the region and want to actually do something, please contact me!

  6. time to tax artists, typists and other humans too by erroneus · · Score: 3, Insightful

    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."

  7. Interesting developments... by Anonymous Coward · · Score: 5, Insightful

    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?

  8. Re:Well by ConsumedByTV · · Score: 3, Funny

    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
  9. DMCA disease sweeps Europe by D4C5CE · · Score: 5, Informative
    For more information on why this is important news for people in other countries as well, just see the links below (some of them still in German, though):

    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

  10. Not too worried any more... by Eric_Cartman_South_P · · Score: 3, Insightful
    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.

  11. Re:Schade by __past__ · · Score: 4, Insightful

    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.

  12. World Intellectual Property Organization Treaty by hillct · · Score: 3, Informative

    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
  13. And yet... by Windcatcher · · Score: 3, Insightful

    ...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?