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EU Passes Nasty IP Law
FireBreathingDog writes "This BBC report details a new European Union law that 'allows companies to raid homes, seize property and ask courts to freeze bank accounts to protect trademarks or intellectual property they believe are being abused or stolen.'" Like any bit of controversial legislation, it can change massively just before being voted upon. This legislation, which originally had DMCA-like provisions (protections for technical protection measures on copyrighted works), seems to have lost them prior to passage. (I'm sure they'll be back in some new piece of legislation.) However, it does make "regular" copyright enforcement much more aggressive in the EU, with companies able to raid, confiscate and freeze the bank accounts of those accused of copyright infringement. More information: IP Justice, FFII, FFII background.
Being an European myself, I'm not surprised. Europe as such had always less serious approach to habeas corpus than America. In many European countries, police needs no warrant to search & seize private property. Police is not obliged to read the arrested person "his Miranda". When you are arrested in Europe and you'll say "hey! I have a right to make a phone call", the policeman is quite likely to say "no, you don't - you're watching too much American flicks". And he might be right. Of course, one can name many violations of individual freedom in the USA (especially in the past), but they are a violation of something that exists at least in theory. In Europe, it might not even be in theory, not to mention reality. Heck, Great Britain doesn't even have a constitution, so if you'll ever say "buddy, you violate my constitutional rights" to a British policeman, you will probably give him a good laughter.
;-)), but that's because I am very much concerned by the direction the EU is turning to. But I want to emphasize the fact, that while "hey, it's against habeas corpus!" is still a valid argument in the USA (even if it will be overruled by the "what's good for RIAA/MPAA is good for everyone", also known as the Zero Amendment) - in Europe it might not even be a valid argument at all.
One cannot forget that many European states had experiences with fascism, communism and other authoritarianisms. The lawmakers and administrators creating the democratic Germany and Austria had often Nazi or even SS past - like the infamous Theodor Oberlander or Kurt Waldheim. But similar affairs of the "Vichy past" were striking the French public life, and actually the Spanish "Guardia Civil" is exactly the same formation known as "death troops" during the Franco regime - they didn't even bother to change the name. The authoritarian past in Europe is not that distant - Spain, Portugal and Greece ended their dictatorships as late as in mid-1970's. Now Europe accepts fresh crop of authotirtarians from the post-communist states. The people who once sent other people to gulag and confiscated their "bourgeois property" will be the lawmakers in Strasbourg and Brussels. Along with the people who sent other people to "gaskammers" and confiscated their "Jewish property".
Yes, I am exaggerating (and maybe even flamebaiting