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Sweden To Outlaw File Sharing, Crypto Breaking?
Martin Kallisti writes "The Swedish Department of Justice has today proposed a bill to be put into effect, if it passes Parliament, on the 1st of January, 2004. It is in accordance to EU directives, but will also criminalize the downloading of material from the Internet without the explicit permission of the copyright holder. Furthermore, it will become illegal to break cryptos, circumvent copy protection (mod chips et al), copy books, and as I understand it, use software that is designed to help with any of these tasks, and many other things." An anonymous reader points to an English-language article about this Swedish EUCD proposal, which also mentions a hefty $4 levy on blank digital media such as CD-ROMs.
Man and I thought the DMCA was bad. This law is just ridiculus. If sweden has any free speech rights in their constitution I doubt ths law will be enforcable. Does this law really have any support?
"It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
people continue to murder despite murder being illegal. your argument about file sharing is as naive as it is unquantified.
This can't be true. All the draconian IP laws come from the US. The MPAA and RIAA come from the US. The DMCA and UCITA are US laws. Microsoft and its DRM partners are all lcoated in the US. Alan Cox is boycotting the US. Every few weeks some random Slashdot poster threatens to emigrate from the US to preserve their dwindling freedoms.
But this is Sweden! As with all non-US nations, it's a socialist paradise of digital liberty. Is Holland going to criminalize marijuana next? Either this is April 1st in the Mayan Calendar or this must be a transcription error...
A Government Is a Body of People, Usually Notably Ungoverned
$4 is awfully expensive for a per cd levy. The levy is 40 times what one would reasonably expect to pay for the media. If anything, this will simply cause the black market for blank media to explode. I'm already opposed to such levys, since this assumes that the only possible use of the media would be for piracy. From what I can tell, the only effect this legislation will be to elimante all IT from Sweden, since backups will be prohibitively expensive. Immagine trying to backup a 4TB database. Even backing up to 8GB tapes, at $4/tape it works out to $2048 per backup, plus the pre-tax cost of the tapes. Of course, I haven't even touched on the myriad of other issues this type of legislation brings with it, since I'm sure others will do so. This legislation is rediculous. I can only hope that the $4/cd addendum was attached so as to prevent this from passing.
Note: IANAROS (I Am Not A Resident Of Sweden)
There's no sig like SIGSEG
What a great idea! Imagine, indie bands having to pay $4 per blank CD for the privilege of recording their own original music without a label. The competition might eat into corporate-music profits, after all, so it must be piracy and the majors should be reimbursed somehow! [We all know that the reason for the RIAA's declining sales couldn't possibly have anything to do with their elimination of the single format or statements comparing Eminem to Sinatra.]
I also like the opportunity to inderectly pay the operating expenses of a large software company, whose products I utterly refuse to purchase or use, for the privilege of creating and maintaining bootable CDs for my Linux installation.
Way to go, Sweden!
It may not prevent all filesharing or CD burning, but it certainly could take a heavy toll. Marijuana usage is farily common in the US becaues it's easy to get. However, about 1/4 of the prison population are in for drug offenses. I don't doubt that people will continue to fileshare, but not without a great deal of punishment dealt out. And Sweden has shown (with regards to drugs) that it is able to enforce behavior laws more strictly than the US. I would hate to think of Sweden's prison population swelling with college students who can't pay the fines for downloading kazaa.
Has anyone else noticed that Swedes are the some of the best file-sharers in the world? It's largely because they have such awesome upload caps, typically much higher than other European broadband, and maybe 10X that of standard North American DSL. If this turns out to be enforceable, expect online filesharing to get noticeably worse.
It says here that Swedish law currently includes a meatier fair use exception to copyright law than, say, US law; anyone can make one copy of a copyrighted work for personal use (computer software excepted). If this is right, then this new proposal is maybe even more surprising than it appears at first glance.
This post is dedicated to all of those
Reading the /. blurb (and not the full article), doesn't that mean no one in Sweeden can then download my (freely available), yet copyrighted dissertation without asking my permission first? That's nuts.
First off, it's tied to the web, and unless I specify, anyone can download the PDF we deliver to the ETD project. I don't care who dowloads this crap.
Secondly, I don't want emails asking for my permission to download this, or anything else I work on, yet copyright.
Ugh, this RIAA/DRM/patent nonsense really makes me loathe working with computers now.
Being a Dane myself, I know that free speech is not that well integrated into Scandinavian constitutions. It is possible, however unlikely, that this completely outrageous violation might actually pass in Sweden. In Denmark, general taxes are already being levied on CD-Rs, which means that the government has to some extent sanctioned a reversal of the burden of evidence: as a user of blank media, you are assumed to be a criminal until you specifically sign a document guaranteeing you won't replicate copyrighted material. Personally, I'm still reeling from that one, but as this Swedish example points out, things might get a lot worse in Scandinavia.
Fortunately, as others have pointed out, free speech is a human right, and issues such as this may ultimately have to be resolved by the Human Rights Tribunal. Interestingly enough, the amount of Danish cases that are being referred to that particular institution is skyrocketing these years, which is good in a sense - people are aware that their rights are being violated. I just think it is infinitely sad that Scandinavian countries that have prevoiusly been shining examples of well-tuned democracies choose to shaft basic human rights For a Few Dollars More.
Hey. What if someone makes an *encrypted* P2P distribution application. It would be illegal for them to crack the encryption in the first place and obtain proof that you are indeed distributing illegal content.
There's three different issues here.
// hdw
1. It will become illegal to download material that have been made available in an illegal manner.
It's simply the law about recieving stolen goods applied to electronic media.
If it's illegal to make copyrighted material available for download, it's only logical that it's also illegal (albeit to a lesser extent) to download it.
The right to make private copies are made clearer and allows anyone to make backups or move material to another media for private use.
Including recording of TV, radio or other streaming media for private use.
2. The law makes it illegal to create and distribute tools for breaking copy protection and likewise to use such tools.
It does _not_ outlaw generic crypto tools, just tools used to bypass copy protection.
This will not make it illegal to backup your DVD, but you can't rip it, recode it and store it in another format.
It will make it illegal to decode encrypted DVDs using anything else than the tools blessed by the copyright holder.
But that's a commercial decision taken by the DVD distributors.
3. The levy on recordable media has been there for ages, it has been extended to cover new forms of media.
It's intented to cover the _legal_ copying, like recording streaming media.
Executive Pope (small) Kallisti Engineering