DMCA-Alikes Sweep Europe

D4C5CE writes "The number of European countries enacting their ignorance of the sad experiences from Four Years under the DMCA has just risen to 5, as the Upper House (Bundesrat, incidentally) of the German Parliament on Friday failed to veto (sorry, some press releases are only available in heavily spin-doctored German Legalese at this point in time) and is hence considered to have consented to the adoption by the Lower House (Bundestag) of a federal law implementing the dreaded DMCA's European sibling known as EU Copyright Directive 2001/29/EC." Read on for more on the copyright laws being considered around the EU.

D4C5CE continues: "Earlier implementations have been reported from Austria, Denmark, Greece and Italy.
Legal scholars consider the directive itself an invalid "monstrosity", and the German law unconstitutional. In fact, this legislation is viewed as so terribly awful that even from the U.S., the EFF tried to prevent it in a rare intervention overseas.

Declaring that the circumvention rather than the use of Copy Protection is a Crime, the German parliament threatens to make things even worse by adopting a "second stage" with further steps to impose DRM and additional levies later this year, but unsurprisingly, all of the issues that DMCA-style laws have become notorious for are already there: Overbreadth, overprotection of technical measures, and Chilling Effects aplenty.

Record companies eagerly awaiting this "lex Bertelsmann" have already caused ISPs to send out warning letters to P2P users for alleged copyright infringement, and are expected to take legal action against individual users of file-sharing networks, following in the footsteps of RIAA.

Confirming the fears expressed by Alan Cox on Slashdot, computer gurus will soon find no place left to go even on the European side of the pond, and the Free-X "Independence Day" XBox exploit posted by one brave German just in time before this dismal day may well have been one of the very last legal disclosures in this part of the world as well."

Comments

Not Ignorance

[Anonymous Coward]

The number of European countries enacting their ignorance..

No, it is not ignorance, it is Corporate Control. And don't fool yourself, both left and right alike are controlled by corporations, in almost every country.

The root cause ?

[Anonymous Coward]

Don't forget it's mostly because of the US (and US companies) pressuring Europe into their legislation.

Re:The root cause ?

[tsa]

That's not true, it's the spineless ignorant European politicians that don't stand up to these companies because they are afraid of the wrath of America. When will the EU learn that Europe is a huge continent with a very important market that could have a significant impact on world politics and economics if only they stopped arguing about petty little things and concentrate on important things for once?

Re:The root cause ?

[nutshell42]

Nope, it's European companies whining "*sniff*Want that too, *cry*moving to the US otherwise, *dissolving in tears* thousands of jobs lost.

The next day they have their legislation because noone seems to realize that the corporations would have at least as much to lose as the countries they'd leave

Is anyone surprised?

[OzPhIsH]

Does this really surprise anyone? Most people don't care about the issues in general, much less this one. Those who do care, and try to be vocal about it are simply paid no attention to by our governments, no matter what the nationality. We're slowly losing the ability to control what we do with our technology, our knowledge, and our lives. I keep waiting for something to give, for that final straw where more than just a few of us stand up and say 'No More!' but it hasn't happened. I fear it won't happen in my life time.

Re:Attention

[RedCard]

This is a wake up call all you Europe fan-boys who piss and moan about the United States:
There's no safe-haven in the world from this type of B.S., face it. America ain't so bad.

You've got that backwards. This is fodder for people who piss and moan about the united states. These type of laws were pioneered in the US, and it is (to a large degree) US interests that have helped to push these laws overseas.

The US has, in the past, threatened to walk out of international talks because other participants refused to consider the implementation of DMCA-esque laws.

I am sorry but how could this be modded funny ?

[aepervius]

This is more or less a flamebait of the most transparent form. Mode me troll if you wish, but moderator, most of the time on slashdot I see post on how EU has less liberty than US because of free pseech law. And now that ? Get real. This isn't funny at ALL. Even with a bad humor you should not find this flame bait funny.

Didn't learn?

[Anonymous Coward]

I'd say they learned all too well from our experience with the DMCA. Our opinion of the DMCA means nothing to those in power, nor to those pushing for DMCA-like laws. I know it will come as a big surprise, but none of the copyright holders nor politicians have been intimidated by a bunch of whiners on /.

This is exactly what the copyright holders want, and is exactly what the copyright holders' donations bought them.

When I read and discuss this here, I'm unable to imagine how the DMCA and its ilk continue getting support. But then I leave my house and talk to ordinary people, and they have no idea what the DMCA is nor how it impacts them. And, amazingly, if they do know they usually parrot some of the "pirating is bad" BS they hear in the press.

You'll be surprised, but millions will probably actually be intimidated by the upcoming prosecutions by the RIAA of individuals downloading music, and they will stop. Remember, these are the same Average Joes that believe Microsoft can track their email and Bill Gates will send them thousands of dollars for forwarding chain letters.

Please, grow up

[WIAKywbfatw]

Yeah, criticise aepervius's poor spelling. Let him know how badly it "suxx".

Apart from the US spelling of "humor" the only mispelt word in his entire post is the typo of "speech". Granted, his grammar might not be perfect but, as English most probably isn't his first language, that's excusable.

I'd like to see your French, German or Spanish grammar stand up to a rigorous inspection but I doubt that you're able to speak any foreign languages at all.

Stop being a petty little man and grow up.

MP3s are a German invention too

[hughk]

This is particularly a shame because the inventor of the MP3 was the Fraunhofer Institute in Germany, a publicly funded research institute.

MP3 players are popular in Germany, particularly now for cars (MP3/CD) where the compression means you don't need large and inconvenient changers.

Bertelsmann are big though and control distribution rights for both souznd and video products in Germany. They have been lobbying for the implementation of this rule.

However, the real problem is that it is an EU directive. Unless countries can prove a get out under subsidiarity, they must implement the directives or risk a large fine.

The other problem is the multi-region DVD players on sale. This will certainly stop under this technical measures clause. Shame for all those people who want to look at non-region 2 DVDs, for example that large immigrant population from the former Soviet Union.

Re:I am sorry but how could this be modded funny ?

[blane.bramble]

insanely high taxes,

Between 21% and 40% for the majority of the population. Maybe not insanely low, but not insanely high.

communist health care

The right to free health care is a bad thing?

no right to bear arms

"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

This is not necessarily the right to private ownership of arms - it can be argued this is the right for the state to have an armed militia (normally called an Army!). Not everyone views gun ownership as a good thing anyway.

forced conscription

National Service dropped in 1962 I believe.

unbelievable regulation of motor vehicles and communications

I am informed by friends in California that vehicles over here would be regulated off the roads there. Communications is as open as in the US.

rampant trade protectionism

No more and no less than in the US. That's why there are regular "trade wars" between US and European industries - you protect yours, we protect ours...

and now europe's getting its own DMCA

Sadly it looks like this may be the case. But guess which nation much of the lobbying is coming from.

No, it's competition, but the downside.

[MickLinux]

My brother predicted this, about 4 years back. Essentially, he said that America had been the vanguard (note the past-perfect tense) of justice; this made American business more profitable, and meant that if other countries wanted to keep up, they had to have some reasonable fraction of the same kind of justice.

But as our ignoring the constitution accelerated, it became clear that American justice was not functioning properly, and American business immediately began to hurt. So my brother saw that this was going to happen [remember, 4 years ago we were still in the boom], and predicted that we would see petty dictatorships rise everywhere. Indeed, it happens.

Oh, well. It is indeed a sad day. Europe had the chance to become the leader of justice, and indeed when Lithuania was considering entering, I considered it more of an advantage than a disadvantage, provided that there was good will.

After all, more free trade is better than less free trade. More natural rights is better than more granted rights. Better for the economy, better for the human condition, better, even, for morality.

It seemed there was more of all that. Now I begin to wonder.