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German Court Sets Copyright Tax on New PCs

graemee pastes: "The District Court of Munich has ordered Fujitsu Siemens Computers to pay a copyright levy on new PCs. The landmark decision, announced on Thursday, ends a nearly two-year dispute between the largely Germany-based computer maker and the country's VG Wort rights society, which has sought compensation for digital copying. VG Wort had filed a suit against Germany's largest PC maker, Fujitsu Siemens, seeking 30 euro (US$41) for each new computer sold in the country. The court agreed to a 12 euro copyright levy."

428 comments

  1. May I be the first to... by rokzy · · Score: 4, Insightful

    ... vomit in absolute disgust.

    Unless of course this completely ligitimises copying c.f. Canada. somehow I doubt it though.

    1. Re:May I be the first to... by sepluv · · Score: 4, Insightful

      May I be the first to do so regardless of whether anything is legitimised; that would make it even worse IMO--as I don't download non-free (as in freedom) music or software, and this would be very unfair to copyright holders who do not join the local German monopolistic protection racketeers.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    2. Re:May I be the first to... by Anonymous Coward · · Score: 4, Informative

      In Germany dogs pay tax (true), and TV and Radio receivers pay tax also (16EUR/month). There is a tax of 16% in just about everything you buy, including most food items, and there is also a solidarity tax that goes to rebuild east Germany. If you don't ask for it, you will get a deduction called "church tax" from your paycheck, and at the end of the year there will be even more tax deductions.
      Those who live for creating new taxes will succeed on collecting them, and their money will be one legally collected, but somehow not really deserved, which will benefit them on the short run only. The problem is obviously an old set of laws that were not created with the new Digital World in mind. Hopefully governments will call young people to revise outdated schemes making impossible for old structures to predate on people's resources in such ominous ways.
      For the rest of us, there is a law that says: "hecha la ley, hecha la trampa" ("done the law, done the trap" or, there is always a way around a stupid law). Hack your system.

    3. Re:May I be the first to... by cdsr · · Score: 1

      I'll agree to vomitting, but not because of absolute disgust.

      Happy new year!!!!

    4. Re:May I be the first to... by catwh0re · · Score: 5, Insightful
      What doesn't make sense is that it's a tax on something which is illegal.

      It's like the cd-r issue. Either the RIAA gets money from a tax on cd-r, or they get to enforce their copyright for damages in the court... but not both. Both these organisations are effectively double dipping. This shows how courts and governments can be manipulated given the right amount of money.

      Why it's wrong is that users pay a fee for using their cd-rs for any legitimate content, and anyone that uses their computer is similarly paying a fee, for the possibility that they might do something illegal with their machine.

      (The RIAA and similar organisations are too used to their lucrative contractual deals where they get alot of money for doing very little, such as 15% breakage fees still existing from vinyl days, when even then it was ridiculous for the artist to be paying for that.)

    5. Re:May I be the first to... by Chess_the_cat · · Score: 2, Informative
      Why it's wrong is that users pay a fee for using their cd-rs for any legitimate content, and anyone that uses their computer is similarly paying a fee, for the possibility that they might do something illegal with their machine.

      The grandparent was originally talking about Canada. Copying music isn't illegal in Canada. You may legally upload and download all the music you want because everyone pays the tax.

      --
      Support the First Amendment. Read at -1
    6. Re:May I be the first to... by Zork+the+Almighty · · Score: 1

      Honestly, let's just give every business interest a way to collect "compensation" from the general public. Why are we compensating for private copying at all. If I buy a cd, and make a duplicate for my car, why is the publisher entitled to anything beyond my initial purchase ?

      You see where this is going. Everyone will get compensated for everything, with a general hit to the economy. Put a tax on paper and photocopiers for the publishing industry. For that matter, why are there not taxes and levies to compensate the software industry for rampant "piracy" ? Unauthorized copies of software is far more common than music or movies.

      --

      In Soviet America the banks rob you!
    7. Re:May I be the first to... by LWATCDR · · Score: 1

      I guess this blows the idea that Europe's legal system is more sane the the US. Maybe in tort law but deffinatly not in tax law. A church tax? So a scientist that never downloads a movie on a PC has to pay this tax? I school? A software developer?
      This is must anoying

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    8. Re:May I be the first to... by mindstrm · · Score: 1

      Not exactly, but close.

      The current opinion is that downloading is legal, while uploading is not.

      (In other words, the act of making a personal copy of something for yourself is not illegal. The act of distributing copies to others IS)

      To draw a fairly accurate meatspace analogy:

      Lending me a CD so I can make a copy is okay. Making a bunch of copies yourslef and handing them out downtown is not. Obviously, the definition of "copy" and who is doing what gets fuzzy with the internet, but the intent is fairly clear, it puts the onus on those irresponsibly doing the distributing, not on those receiving it.

    9. Re:May I be the first to... by eric76 · · Score: 2, Informative

      Has the Canadian government ever paid even one cent in the collected copyright tax to the copyright owners?

      The last I have heard it had been a couple of years and they hadn't paid anything to the copyright holders, yet.

      And, for what it's worth, in the US, there are also taxes on both audio recording equipment and media. Check out Title 17, Chapter 10, Subsection C - Royalty Payments

    10. Re:May I be the first to... by TheLink · · Score: 1

      Why should/would the canadian gov pay tho?

      --
    11. Re:May I be the first to... by Anonymous Coward · · Score: 0

      > ... 15% breakage fees still existing from vinyl days....

      Actually, the breakage fee predates vinyl. It was actually introduced in the days of shellac records.

    12. Re:May I be the first to... by eric76 · · Score: 1

      The taxes were collected for the specific purpose of paying the copyright owners.

    13. Re:May I be the first to... by harlows_monkeys · · Score: 1
      May I be the first to do so regardless of whether anything is legitimised; that would make it even worse IMO--as I don't download non-free (as in freedom) music or software

      So? Isn't that how it is for most taxes? I don't have any children, yet I have to pay for schools. I don't go to parks, yet I have to help pay for them. There are thousands of highways I shall never use but am forced to pay for.

      So, if downloading music were legitimized in exchange for a tax on something, I don't see how this would be any different from any other tax.

    14. Re:May I be the first to... by rxmd · · Score: 3, Interesting
      What doesn't make sense is that it's a tax on something which is illegal.
      No, it isn't. Firstly, it's not a tax, it's a levy collected by a third body and redistributed to creators of written content. Secondly, it doesn't compensate them for illegal copying, it compensates them for the amount of Fair Use copying that is legal under German law (private and academic use).
      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    15. Re:May I be the first to... by TykeClone · · Score: 4, Funny
      The taxes were collected for the specific purpose of paying the copyright owners.

      Therefore, like all taxes collected for a specific purpose, they're going towards something else.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    16. Re:May I be the first to... by Dr.+Evil · · Score: 1

      They're not taxes, they're a levy, and they're not going to the Government, they're going to SOCAN

    17. Re:May I be the first to... by jdreed1024 · · Score: 1

      In the words of Stan Marsh: "Dude, what the fuck is wrong with German people?!"

      --
      There is no sig, there is only Zuul.
    18. Re:May I be the first to... by Mikkeles · · Score: 3, Informative
      Firstly, it's a levy, not a tax; basically this means the charge is based on something other (i.e. storage capacity) than price or cost. Secondly, it is collected by SLOCAN, the Canadian organisation which handles copyright issues for musicians and composers.

      The last time I checked (a few months ago), there have been no monies paid out.

      --
      Great minds think alike; fools seldom differ.
    19. Re:May I be the first to... by Anonymous Coward · · Score: 0

      That makes no sense, why should they be compensated for legitimate use of their product.

    20. Re:May I be the first to... by whorfin · · Score: 4, Insightful

      So the German government has created an additional fee for practicing fair use of already purchased content? If that's the case, then WTF do they think fair use means, then? I thought it meant that 'because you have paid for it, you have the rights to this good for your personal use'?

      They should have a similar fee on all printers, copiers and scanners, since using one of those may also be practicing fair use. Not to mention CD and DVD players, televisions, and radios. Thos machines are also essential elements in fair use of purchased media.

      I've got it, the eyeball and earlobe fee, that way they can get everybody. Doesn't matter if your deaf and blind, because I'm sure those people don't get out of paying the 'fair use fee' on their computers.

      --
      Laugh while you can, monkey-boy!
    21. Re:May I be the first to... by InvalidError · · Score: 5, Insightful

      Thankfully, the federal court ruled that levies were redundant and should be terminated.

      While we might not know where all the levy money went, we at least now know the levies will be gone soon (in Canada), assuming they have not already been abolished thanks to the court's decision.

      I wonder what kind of share independents manage to get from royalty claims. Since the RIAA regularly forgets that a free/independent market exists and sues intependents who distribute their own stuff, it must be quite a hassle for independents to fight off the RIAA if it accidentally (but happily) files levy claims for unlicensed productions.

      People should realize that governments are becoming a system of "by rich people for rich people" instead of the "by the people for the people" they used to be and should be - governments are another area where the barriers to entry are rising every round, effectively keeping most people out.

    22. Re:May I be the first to... by Anonymous Coward · · Score: 0

      it's not a tax, it's a levy collected by a third body and redistributed to creators of written content

      *Quack Quack* I'm a cow. *Quack Quack*

    23. Re:May I be the first to... by lousyd · · Score: 1
      Put a tax on paper and photocopiers for the publishing industry.

      Actually, this "VG Wort" place has, apparently. In their FAQ they have questions like "I want to set up a photocopier, what are the proper authorities to report to?". And it seems they have a levy on blank tapes and video cameras, too, among other things. From the FAQ:

      5â Abs.1UrhG prescribes that for the "photocopies" (in particular copying for private and other own purposes), permissible in accordance with 53 UrhG, the manufacturers and importers of photocopying apparatuses have to pay an appropriate remuneration. Beyond that 5â exp. prescribes 2 UrhG that schools, research establishments, libraries and similar institutions, which are considered as large operators as well as a remuneration to CoPy Shops have to pay. Also the collection for the VG picture art takes over the VG word for all reprography remuneration. The height of the remuneration is in the law fixed (plant too 54 D of the UrhG). It varies for photocopying apparatuses depending upon speed between approx.. Euro 38,35 and euro 613,56.
      There's also a section about the new PC levy.
      --
      If aspiration is a virtue, achievement cannot be a vice.
    24. Re:May I be the first to... by DAldredge · · Score: 1

      It is a tax. The collection of it is authorized by a goverment and the goverment enforces and punishes those who do not pay. That makes it a tax and playing word games will not change anything.

    25. Re:May I be the first to... by Kithraya · · Score: 4, Insightful

      It's like the cd-r issue. Either the RIAA gets money from a tax on cd-r, or they get to enforce their copyright for damages in the court... but not both. Both these organisations are effectively double dipping. This shows how courts and governments can be manipulated given the right amount of money.

      Actually, they may get to do both here. In the US, 22 states now have laws on the books that say drug dealers must pay tax on the illegal drugs they sell. Of course these states aren't actually going to collect anything, but it gives them something else to charge drug dealers with when they're arrested. Unfortunately, this is an example that the RIAA can point at and say "look, we can tax an illegal activity and still go after people for doing it." IANAL, but this seems a very dangerous example to set.

    26. Re:May I be the first to... by Monkelectric · · Score: 1

      In Arizona (if memory serves) a man who was selling marijuana got *off* because he was purchasing Arizonas marijuana's tax stamps. After that the law was quickly repealed :)

      --

      Religion is a gateway psychosis. -- Dave Foley

    27. Re:May I be the first to... by Anonymous Coward · · Score: 0

      Here in Switzerland we a tax on CD and *copiers*. And yes, the law explicitely says that authors must have a compensation for fair use. Our fair use is just not *free* (like in beer).

    28. Re:May I be the first to... by Deadstick · · Score: 1
      What doesn't make sense is that it's a tax on something which is illegal.

      Tell that to the IRS. Illegal income is subject to income tax.

      rj

    29. Re:May I be the first to... by rxmd · · Score: 1
      It is a tax. The collection of it is authorized by a goverment and the goverment enforces and punishes those who do not pay.
      What's the difference, then, between a tax and a toll on motorways? Or a tax and a fine? Do try to be precise.
      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    30. Re:May I be the first to... by ScrewMaster · · Score: 1

      Yes, but as a previous poster pointed out that's really a "stupid" tax (i.e. if you're stupid enough to report your illegal income you shouldn't evince surprise when the FBI comes knocking.) There's no real intent to increase the revenue stream from illegal activites, it's merely a way to conveniently identify the dumbest criminals. If you should happen to catch a smart crook (i.e. one who didn't pay his "stupid" tax), it's a way to put him away if don't have anything else to nail him with.

      This computer tax is also selective, in that it only appears to affect manufacturers of complete systems. If you assemble a computer yourself you are presumably not subject to this tax. I'm surprised they went after a computer vendor and not AMD, Intel or IBM, directly. Tax the processors and you are guaranteed to get everybody.

      --
      The higher the technology, the sharper that two-edged sword.
    31. Re:May I be the first to... by rxmd · · Score: 3, Informative
      So the German government has created an additional fee for practicing fair use of already purchased content? If that's the case, then WTF do they think fair use means, then? I thought it meant that 'because you have paid for it, you have the rights to this good for your personal use'?
      Well, according to the German law in question, it means "because you have paid for it, you are allowed to copy it for private or academic purposes. However, since you're creating a copy and not buying another original, the author gets a [small] compensation, which is collected through fees on media [in the case of audio and video material] or on reproduction equipment [in the case of written material]".
      They should have a similar fee on all printers, copiers and scanners, since using one of those may also be practicing fair use.
      Surprise surprise: this is the fee on copiers, actually; the whole court decision was about wether it should apply to PCs as well. You don't have to agree with this viewpoint (I don't), but it's not a new fee.
      Not to mention CD and DVD players, televisions, and radios. Thos machines are also essential elements in fair use of purchased media.
      Actually, there is a fee on empty tapes as well as CD-R media for precisely this reason. It makes a lot more sense to raise this fee on empty media in the case of audio and video material. With written material, it would have been difficult to raise a fee on empty paper, so they're raising it on reproduction equipment instead.
      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    32. Re:May I be the first to... by phoenix.bam! · · Score: 1

      There is no difference. It is just that tolls and fines are discriminitory taxes. Only people who drive on the motorway have to pay that tax and only people who violate an ordinace pay a fine. You pay income tax to the government only if you declare income. And you pay this computer tax only if you buy a computer. Just like the gas tax. Only people that drive a car on the road pay it. Gas for boats is not taxed. At least that is how the gas tax works in America.

    33. Re:May I be the first to... by sepluv · · Score: 1

      How can you insuate an analogy between spending a tax on education of all children and spending it on a small group of monopolistic criminal protection racketeers (in order I assume to curtail damage to the government/politicians from said racketeers).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    34. Re:May I be the first to... by mark-t · · Score: 1
      You do it all the time when you go to a retail store.

      You see, despite their efforts to combat shoplifting, some people get away with it. Stores raise their prices somewhat to counter this, but that doesn't legitimize shoplifting from the store.

      Now I know that copyright infringement isn't theft, so the comparison between the two has to stop at that point, but it's an example of where the general public is subsidizing an organization because of illegal activities performed against it (without actually legitimizing those activities).

    35. Re:May I be the first to... by Anonymous Coward · · Score: 1, Informative

      Atlas Shrugged, Chapter 3. George Orwell wrote 1984.

    36. Re:May I be the first to... by siriuskase · · Score: 1

      They should have a similar fee on all printers, copiers and scanners, since using one of those may also be practicing fair use. Not to mention CD and DVD players, televisions, and radios. Thos machines are also essential elements in fair use of purchased media

      You forgot pens and pncils, and of course, plain, virgin paper. Countless illegal copies have been made using these. Plagery precedes computers by many years.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    37. Re:May I be the first to... by AmberBlackCat · · Score: 1

      Don't give them any ideas.

    38. Re:May I be the first to... by Nogami_Saeko · · Score: 1

      Actually, it's not collected by SOCAN.

      It's collected by the CPCC (Canadian Private Copying Collective).

      http://www.cpcc.ca/english/index.htm

      And to my knowledge, they have never paid out a cent of the levy they have collected.

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    39. Re:May I be the first to... by Deadstick · · Score: 1
      There's no real intent to increase the revenue stream from illegal activites,

      Not necessarily. When I was stationed in Ohio, it was common practice for bars and poolrooms to operate illegal gambling machines (some had slot machines; others paid off on pinball). They would buy federal gambling stamps, pay the income tax, bribe the local cops, and everyone was satisfied.

      rj

    40. Re:May I be the first to... by Jardine · · Score: 1

      It's collected by the CPCC (Canadian Private Copying Collective).

      http://www.cpcc.ca/english/index.htm

      And to my knowledge, they have never paid out a cent of the levy they have collected.


      If you read the website you mentioned, you'd see that they have finally started paying out money. They're still a few years behind though.

    41. Re:May I be the first to... by josh3736 · · Score: 1
      Those laws are quickly being thrown out.

      In Arizona, Judge John Barclay ruled, "The facts in this case prohibit prosecution for the possession of marijuana because the tax imposed prior to the prosecution served a punitive purpose." Constitutional protections forbid an individual from being punished criminally twice for the same offense.

      Basically, paying your weed tax serves as your punishment for having weed. Then you cannot be charged with any drug crimes since that would be double jeopardy. Using this line of reasoning, perhaps one could argue they could not be charged with (criminal) copyright infringement since they have already paid the "copyright tax." Of course, this would not stop the RIAA from seeking damages.

    42. Re:May I be the first to... by angel'o'sphere · · Score: 1

      Erm,

      don't get me wrong. I'm against the "tax" as you call it.

      But why don't you bother to read the articel? Ah, yeah ... /.


      What doesn't make sense is that it's a tax on something which is illegal.

      No its not a tax on something which ius illegal. And it is not for music either.

      Its only for compensating authors whos work is copied legaly on a PC.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    43. Re:May I be the first to... by Nogami_Saeko · · Score: 1

      I had a look - it's intersting that they only pay out what's left after taking their "administrative expenses" into account...

      I'd be eager to hear from small and up & coming artists themselves to prove that they're actually receiving nice fat paycheques...

      I suspect they're not, and won't be...

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    44. Re:May I be the first to... by angel'o'sphere · · Score: 1

      Because your term fair use means something different than the term fair use>/b> used by your parent.

      You obviously mean with of already purchased content content you have purchased.

      In germany/europe it is not considered fair use to copy that content onto a PC and digitally rework/modify/distribute it. Thats a work which requires a compensation to the original author. Hence he levy. However its not illegal to do it. Its legal. Hence a levy.

      The problem with the court ruling: tehre is a law. And the court can not rule in opposition to the law.

      The problem with the whole issue: no one is copying stuff from books and magazines onto a PC (in a noticeable extend). So the levy is not justified.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    45. Re:May I be the first to... by Anonymous Coward · · Score: 0

      Actually this sort of thing can be good for consumers in that they have now paid for the right to copy through this tax. It would be difficult for the rights holder to convict someone on infringement charges when the user can prove that he has paid money for, via the tax, and therefore received the right to copy copyrighted works on his computer.

    46. Re:May I be the first to... by Catbeller · · Score: 2, Insightful

      Think of all the lovely interest they've earned on those millions in the past few years.

      There's all SORT of ways to steal, ain't there?

    47. Re:May I be the first to... by elegie · · Score: 1

      So the German government has created an additional fee for practicing fair use of already purchased content?

      Fair use is not necessarily a good reason for imposing levies. A better reason is the fact that certain media will likely be used for illegal as well as legal copying. Imposing levies provides some compensation against this. This does not mean necessarily that levies on computer equipment, blank recording media, and music players are equally justified.

    48. Re:May I be the first to... by Random832 · · Score: 1

      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
      Then what's a levy?

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    49. Re:May I be the first to... by mpsmps · · Score: 1
      This analogy fails on several levels.
      1. Selling illegal drugs is (by definition) illegal. Selling cd-r disks is legal.
      2. As you point out, the government never receives revenue from sales of illegal drugs, it is just a prosecutorial tool (cf. Al Capone's conviction on tax evasion charges). By contrast, substantial revenues would be raised from a cd-r tax.
      3. The various cd-r "taxes" are actually levies/royalties that go to the music industry not to the government.

      When I carefully think about the above issues, I agree with the grandparent post that these fees constitute double-dipping.
    50. Re:May I be the first to... by Brandybuck · · Score: 1

      No, it is indeed a tax. If it's not voluntary, collected by the government, and enforced by the government, then it's a tax. Duh. That the proceeds go to a third party is completely irrelevant.

      --
      Don't blame me, I didn't vote for either of them!
    51. Re:May I be the first to... by shark72 · · Score: 1

      "I'd be eager to hear from small and up & coming artists themselves to prove that they're actually receiving nice fat paycheques... I suspect they're not, and won't be..."

      Of course not -- the money is distributed according to airplay figures. The rationale is that in theory, the artists who are played the most are also pirated the most. As reports of what's the most popular on P2P and legit download sites tends to mirror the Billboard Top 100, this approach makes sense to a certain degree. BMI and ASCAP use a similar system.

      So, this means that this is even more money for Celine Dion, Rush, Bryan Adams, and the other music superstars who happen to be Canadian.

      --
      Sitting in my day care, the art is decopainted.
    52. Re:May I be the first to... by shark72 · · Score: 1

      "Either the RIAA gets money from a tax on cd-r, or they get to enforce their copyright for damages in the court... but not both."

      The tarrif collected on audio CD-Rs goes largely to musicians, composers, lyricists and the like. Record companies get a small slice of the pie. None goes directly to the RIAA.

      It's a bit wordy and boring, but here's the section of US copyright law that spells out how the money is distributed.

      You are correct, however, that if the audio CD-R tariff were to go largely to the RIAA, then they'd be double-dipping.

      --
      Sitting in my day care, the art is decopainted.
    53. Re:May I be the first to... by shark72 · · Score: 1

      "The grandparent was originally talking about Canada. Copying music isn't illegal in Canada. You may legally upload and download all the music you want because everyone pays the tax."

      I am aware that a certain amount of copying is legal in Canada (more so than in the US), and I am aware that Canadians pay a levy on CD-Rs and the like, but I was not aware that the former is because of the latter. I've read several articles on the background behind the recent decision and I don't recall the levy coming into it.

      Does anybody have a cite for this?

      --
      Sitting in my day care, the art is decopainted.
    54. Re:May I be the first to... by suffe · · Score: 1

      This is the same complaint that is raised every single time this issue is debated. First of, let me state that I am in no way in favour of this kind of tax, but for a completely different reason. The point you, and many with you, make is similar as to saying "why should my tax money go to paying other peoples medical bills", "why should my tax money be spent on roads I never travel upon", "why should my tax money be used to subsidise food for the poor". Taxes are very rarely taken from people in proportion to usage of the service they end up paying for. If they did then you could simply charge for the service instead of taxing the community.

      The real issue here, as I see it at least, is the fact that this sort of taxes are levied not to increase the funds in the government coffers but are instead supposed to be piped directly in to a privately held corporations bank accounts. Taxes, good or bad, should be used as an instrument of the government, not as an instrument for corporations.

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
    55. Re:May I be the first to... by TykeClone · · Score: 1
      Then what's a levy?

      Things to keep water in the river.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    56. Re:May I be the first to... by Anonymous Coward · · Score: 0

      Firstly, it's a levy, not a tax...

      Mean old levy taught me to weap and moan. I said the mean old levy taught me to weap and maon.

    57. Re:May I be the first to... by cadence007 · · Score: 1

      I'm not sure if you're referring to the canadian court decision stating that the levy put on blank CDR's doesn't (currently) cover memory card and hard-drive based mp3 players... if you are, I don't suggest getting too happy about it, it will only be a matter of time before the law/levy rules are amended to (re)include memory card and hard drive based mp3 players... as several posters point out, "for the rich, by the rich" ... it only takes money to change/make laws.

    58. Re:May I be the first to... by shark72 · · Score: 1

      "I wonder what kind of share independents manage to get from royalty claims. Since the RIAA regularly forgets that a free/independent market exists and sues intependents who distribute their own stuff, it must be quite a hassle for independents to fight off the RIAA if it accidentally (but happily) files levy claims for unlicensed productions."

      It's divvied up according to airplay. This levy goes largely to songwriters and composers. The RIAA is a trade group for record labels... different group of people.

      What do you mean by the RIAA suing independents? Do you mean independent songwriters and composers, or do you mean independent record labels? Do you have any examples?

      --
      Sitting in my day care, the art is decopainted.
    59. Re:May I be the first to... by xenobyte · · Score: 1

      Unless of course this completely ligitimises copying c.f. Canada. somehow I doubt it though.

      It has to. Either you pay for it or not. They can't have it both ways.

      Nobody has yet dared using it as a defense though... "But your Honor, when I bought this computer I paid the copyright tax and thus assumed I could use it to freely copy and distribute copyrighted software. If I don't have that right right from that tax, what does the tax then cover? - The copyright infringements I may commit? - But what then happened to the 'innocent until proven guilty' principle? - I strongly resent the implication that I'm a suspected criminal just from buying a computer and I demand restitution, damages and an outright appology, as well as a full aquittal from these charges as I did this in good faith, which is more than I can say for this tax and its intentions and implications."

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    60. Re:May I be the first to... by Genza · · Score: 0

      People should realize that governments are becoming a system of "by rich people for rich people" instead of the "by the people for the people" they used to be...

      When was this?

    61. Re:May I be the first to... by arashi+no+garou · · Score: 1

      Exactly. This is effectively the same thing as me paying another tax on my truck because some asshole somewhere decided to use the same type of vehicle as a getaway car in a bank robbery. Just because you CAN use a type of technology (car or computer) for nefarious purposes doesn't mean everybody will. They are punishing society for a few individuals' crimes.

    62. Re:May I be the first to... by sepluv · · Score: 1
      I think you'll find that just downloading from the Internet without permission from the copyright holder is not unlawful in most jurisdictions (inlcuding mine as I checked the law).

      It is generally accepted that I can for instance read this /. WWW page without having to get written permission from you and every AC who contributed here.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    63. Re:May I be the first to... by kodeman · · Score: 1

      Hehe, yeah, got my quotes mixed up... copy 'n pasted from a text file with a lot of my favorite quotes.

      Had I not been so incensed by his rampant continuation of stupidity, I'd have probably not perpetrated such stupidity on my own part...

      ... see how it's contagious ;)

    64. Re:May I be the first to... by InvalidError · · Score: 1

      A couple of times each year, there is a story about the RIAA (mistakenly) suing folks who offer their own (unlicensed as far as RIAA members are concerned) creations on P2P networks or direct downloads. Thankfully, it does not appear the RIAA insists too much once the folks in question tell the RIAA to buzz off and have their heads examined. (At least two such stories made it to /. in 2004)

      This simply shows the RIAA sees piracy and unauthorized distribution everywhere there are MP3s or other such format... simple cases of shoot first, ask questions later. The RIAA/MPAA's automated tools are well known to make mistakes. (At least three stories about this on slashdot last year)

      As for the levies' redistribution, do you seriously think air time reflects download and subsequent listening or copying patterns? No-name independents have a pretty hard time getting any air time, often having to buy it to get any, sometimes bankrupting themselves in the process.

      The RIAA is somewhat like the air time mafia... if you are not family, good luck getting any - the big labels RIAA represents have more than enough cash to finance air time. No air time = nobody gets to know about your stuff on air = nobody will ask to hear your stuff = no levy money if it is the only thing that counts. It becomes a chicken&egg kind of problem.

    65. Re:May I be the first to... by shark72 · · Score: 1

      "A couple of times each year, there is a story about the RIAA (mistakenly) suing folks who offer their own (unlicensed as far as RIAA members are concerned) creations on P2P networks or direct downloads. Thankfully, it does not appear the RIAA insists too much once the folks in question tell the RIAA to buzz off and have their heads examined. (At least two such stories made it to /. in 2004)"

      Thanks! I do remember one instance where a professor named "Usher" had files in an FTP directory which the RIAA mistook for being the eponymous R&B star. That was around the same time that they sued the grandmother and the 12-year-old and it seems that after getting the egg on their face, recently they've gotten a little more clueful, at least with regard to reducing collateral damage.

      "This simply shows the RIAA sees piracy and unauthorized distribution everywhere there are MP3s or other such format... simple cases of shoot first, ask questions later. The RIAA/MPAA's automated tools are well known to make mistakes. (At least three stories about this on slashdot last year)"

      The RIAA may be making some bad choices but they're not stupid. I'd tend to chalk it up to mistakes in the automated searching rather than a fundamental lack of ability to understand the difference between a random MP3 file and music that's been released by an RIAA-affiliated label.

      As for the levies' redistribution, do you seriously think air time reflects download and subsequent listening or copying patterns? No-name independents have a pretty hard time getting any air time, often having to buy it to get any, sometimes bankrupting themselves in the process."

      It doesn't match up exactly, of course, but the stuff on the top of the Billboard online music chart and at the top of the "most popular" charts on the iTunes Music Store read like Clear Channel radio station playlists. At the opposite end, it may be (in fact, I'd say probably is the case) that the artists who are getting virtually *no* airplay are getting at least *some* traffic on iTMS, the P2P networks and the like, but in general, people are flocking to the download services and P2P networks to get the popular stuff, the stuff they hear on the radio. Again, this is a generalization.

      "The RIAA is somewhat like the air time mafia... if you are not family, good luck getting any - the big labels RIAA represents have more than enough cash to finance air time. No air time = nobody gets to know about your stuff on air = nobody will ask to hear your stuff = no levy money if it is the only thing that counts. It becomes a chicken&egg kind of problem."

      Agreed 100%. If all I had was commercial radio, I simply would not be aware of the vast breadth of great music that I enjoy listening to. Thank goodness for XM and the iTMS.

      Your astute observation is, of course, in direct contrast to the many people who chant the "the Internet is going to put the record companies out of business" mantra. A record contract gets you access to people who will spend the time to send your music to the radio stations, and then pester the radio stations until they play your music. And, of course, the bigger record companies (those affiliated with the RIAA) will generally have more resources to do this than the independent record labels. This is why, for all the headaches they can cause, there are a lot more artists who want recording contracts than have recording contracts. Companies like Magnatune are taking bold steps in exploring the Internet-centric distribution model, and of course unsigned bands can always share their stuff on Kazaa, but Kazaa and Magnatune don't have the time, money or interest in firing up the promotion machine to get you airplay.

      --
      Sitting in my day care, the art is decopainted.
    66. Re:May I be the first to... by InvalidError · · Score: 1

      IIRC, in the 2003 CRIA document, they wanted a $20/GB levy on all consumer-class digital storage and adjust existing media levies to match. Thankfully, this did not happen, most hikes were either denied or capped and HDD levies only apply if the HDD is integrated in special function hardware (player/recorder) such as the iPod - again, thankfully not at the requested rate but a more sane ~$1.50/GB.

      There is a little table at the site below...
      http://www.ccfda.ca/subsections/eng_faqs .html
      (Probably not up to date since there is no mention of DVD +/- R/RW/RAM)

      $2 under 1GB
      $15 under 10GB
      $25 beyond.

      I wonder what customs would do if MP3 players started shipping without internal memory - barebone players, add your own HDD or CF/other card.

      My guess is CRIA&friend will come back with the fixed $/GB on everything plan if the barebone player trend comes up.

    67. Re:May I be the first to... by InvalidError · · Score: 1

      Yes, people want recording contracts... and some time after they get them, may realize this may have been the single biggest mistake of their life because many record labels practically own people they pick for sign-up - some of these folks are desperate while others are so happy they blindly do whatever they are told and later realize they are on a trip to hell, though they might not realize that until they try to leave, sort of like the mafia again :)

  2. Free downloads in Germany.. by Cederic · · Score: 4, Insightful


    They're already paid for.

    (Sure the courts wont see it that way)

    ~cederic

    1. Re:Free downloads in Germany.. by nkh · · Score: 1

      Same thing in France with a tax on "blank media" like CDRs. The number of countries doing this is increasing. I know the courts won't see this as "a right to copy everything" since the tax is already paid, but I'll fell less guilty next time I download something illegally.

    2. Re:Free downloads in Germany.. by dn15 · · Score: 2, Interesting
      I know the courts won't see this as "a right to copy everything" since the tax is already paid, but I'll fell less guilty next time I download something illegally.
      Exactly. I'd gladly pay a copyright tax if it gave me rights to legally download and copy whatever I want. The pessimist in my says this would never happen. But it would be interesting to see what happens if someone were taken to court and used that as a defense. If such a tax doesn't give you license to copy stuff, then is it really anything other than highway robbery by record/movie/software companies?
    3. Re:Free downloads in Germany.. by Teun · · Score: 4, Insightful
      Yep, free downloads.

      You've indeed paid royalties for the stuff you copy.

      Yet this does not make it legal to offer someone else's work for copying.

      Various European courts have already confirmed that the downloaders are not the infringers but the uploaders are.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    4. Re:Free downloads in Germany.. by Rosco+P.+Coltrane · · Score: 1

      Exactly. I'd gladly pay a copyright tax if it gave me rights to legally download and copy whatever I want.

      I wouldn't! Part of my interest in P2P is sticking it to the man, in this case the *AA. They've treated people (sorry, consumers) like cash cows, and like shit, for decades, so I download whatever I can and store it, and distribute anything widely and freely, as a giant finger to them. So if they started benefitting from the sales of blank CDs somehow, I'd get removable hard-disks and I'd stop using CDs at once.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    5. Re:Free downloads in Germany.. by Pseudonym · · Score: 1

      How about if you limited the number of downloads?

      It's about US$41 or so tax per PC. Given that songs are about US$0.99 on iTunes, simply advertise on your web site that you will give copies of some song to the first 41 downloaders, all paid for by you.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    6. Re:Free downloads in Germany.. by sosume · · Score: 1

      In the Netherlands, many members of parliament have already stated that downloading is not prohibited, only uploading. How you can download without someone uploading is a bit of an issue though. It is the same policy with drugs though: you are free to buy or possess but are strictly prohibited to sell. If a cop catches you with small quantities of some really illegal dope he may be obliged to return it to you if you haven't committed a crime.

      Add to that the fact that Britney Spears can recieve up to $0,50 per backup DVD that I make of my own written software, and the monkey circus is complete in Europia.

    7. Re:Free downloads in Germany.. by ravenlock · · Score: 1

      So if they started benefitting from the sales of blank CDs somehow, I'd get removable hard-disks and I'd stop using CDs at once.


      A bit like here in Finland, where the local [RI|MP]AA-type organization Teosto collects a small part of the sale of every blank cd. I'm not sure if it applies to hard disks yet, but it sure does apply to iPods and the like (31 euros of the purchase price of an iPod mini)...
    8. Re:Free downloads in Germany.. by bob+beta · · Score: 1

      Part of my interest in P2P is sticking it to the man,

      My, what a cute little ReBeL!!

    9. Re:Free downloads in Germany.. by dn15 · · Score: 1

      Look, I'm not saying that I like the the RIAA and MPAA. Absolutely not. What I'm getting at is that it might not be so bad to have a new model for paying for media. It would actually be pretty cool if I could pay a generic fee for a license to download whatever I want without fear of litigation. That would not get rid of the *AA but it would be advantageous for you and me.

  3. This sets up a nasty loop by Buran · · Score: 4, Insightful

    By doing this, they're legitimizing the same activities they claim to be trying to stop. If you are going to pass a levy to compensate for something, you can't expect anyone to listen when you tell them to stop. They will (rightly) say "I paid an extra tax on this equipment to cover the cost of what I'm doing." They'll either have to stop charging a levy or fin that no one will listen.

    1. Re:This sets up a nasty loop by Anonymous Coward · · Score: 0

      What's more: I would feel *prompted* to copy mercilessly, even if it never crossed my mind before.

    2. Re:This sets up a nasty loop by Seumas · · Score: 4, Insightful

      This actually suggests two things.

      First, it would seem to legitimize copying copyrighted material - since they are charging you a fee to cover that very thing.

      Second, if they still prosecute people copying copyrighted material on a home computer, then how can they justify this? They are already penalizing people without due process and assuming that they are guilty of copyrighting (charging them for it whether they do it or not).

    3. Re:This sets up a nasty loop by RoboRay · · Score: 1

      Does German law have double jeopardy provisions? I assume so. If a German citizen has already been "fined" for digital copying upon purchasing the PC, can they even be legally prosecuted for digital copying of copywrighted materials in the future?

    4. Re:This sets up a nasty loop by Anonymous Coward · · Score: 0

      Or sue the crap out of everyone anyway. That makes people listen alot of the time.

    5. Re:This sets up a nasty loop by ishark · · Score: 1

      You are 100% right on it.
      When France discussed a possible tax on storage media (including HDs!) the response was the same: since we pay a tax on copying, this means we can do it.

    6. Re:This sets up a nasty loop by mark-t · · Score: 2, Interesting
      That is a feeble justification that is simply false.

      It's like saying that the city _lowering_ the speed limit in certain areas is only encouraging people to break the law in those areas more frequently by speeding.

      Get a grip.... the levies are insignificant compared to the impact that other everyday things like inflation would have on the prices anyways.

      Although I live in a socialist country, so perhaps I have a higher tolerance for this sort of thing.

    7. Re:This sets up a nasty loop by Buran · · Score: 2, Insightful

      Is it, really? The purpose of the levy is to make sure that things that are copied are paid for, that the right people get compensated for whatever they're getting compensated for. If one pays the levy, one is paying for what one does. So there's no justification for anyone to complain when you do what you have earned the ability to do by paying the levy?

      I pay money every year for the tax levies appropriate to registering a car and having a license to drive said car. That's what I get in exchange for paying the levy. If I pay the levy but don't drive, then I've wasted my money. If someone arbitrarily comes along and tells me, for no reason, "you can't drive even though you paid the levy", I think I've got a reason to be angry, and I'd want my money back.

      While in some cases, levies can be insignificant compared to the purchase cost of an item, and sometimes they're not, if you're going to just focus on the percentage of this and the percentage of that, you are missing the entire point. We pay the levy, we earn the right to perform the activity which is covered by that levy. If you don't want people doing it, don't set up a scheme to compensate for the fact that it is done.

    8. Re:This sets up a nasty loop by mark-t · · Score: 1
      Paying this levy means one is paying for what someone else does and managed to get away with. If one decides to participate in the same actions as a result, their efforts will only result in higher levies. It will not change the law.

      Copyright says that _NOBODY_ can copy a copyrighted work beyond what may be permitted by the fair use of a work (and the boundaries of fair use are spelled out quite explicitly) without permission unless it is for personal and private use. Believing that the levy somehow conveys permission to the people is simply deluding oneself. Absolutely nowhere in the description of the levy is the notion of permission being passed even _implied_. Ultimately, the consumer is receiving absolutely nothing new in exchange for the levy (the justification for the levy's existence is entirely to the benefit of the copyright holder and his or her publishers), which really makes it no different than an arbitrary increase in price as far as the average consumer is concerned. If one don't like it, they can choose to not buy their stuff, but that doesn't give them the right to break the law.

      You can continue to believe that paying this levy somehow "earns" you additional privileges if you really want to, but that's just choosing to turn a blind eye to reality.

    9. Re:This sets up a nasty loop by Firedog · · Score: 1

      If I go to the store and buy a widget, there are all kinds of hidden levies that I have to pay:

      * Levy for shoplifted items.
      * Levy for customer returns.
      * Levy for items damaged during shipping, stocking, etc.

      In the case of CDs, there are some additional hidden levies:

      * Levy for the record labels's attempts to promote the 90% of artists that do not generate any profit for the label.
      * And I'm sure that part of the price paid for a CD already covers potential copyright infringement.

      I agree that having a levy on recordable media is "double dipping". Placing a levy on the equipment used to make a copy is then "triple dipping".

      Making fair use copies illegal by imposing copy protection means that this levy that I have paid *three times* is just extra profit.

    10. Re:This sets up a nasty loop by Buran · · Score: 1

      Why should I pay a tax for no benefit in return? I'm not gaining any new services or goods in exchange. This is the government punishing me for something I may or may not doing, without checking to see whether I am actually doing so. And given that the levies are being placed on items that are basically vital for us all (like gasoline, although such levies actually are used for things like improving the roads we drive on, so there is a benefit there) there is no way to escape being unfairly punished for something we aren't doing wrong.

      Check into the history of the United States if you wonder why I might have the viewpoing that I do. Look into the Stamp Act and other laws which were basically passed to pay for things that weren't benefiting the people being taxed in any way (in other words, paying for wars in faraway lands that weren't creating a direct benefit to the colonists.)

      Reality is that subjecting people to unfair taxes that don't gain them any benefit in any way is going to result in the subjects in question feeling that they DO have the right to gain some sort of benefit from the taxes in question. They will perform the activity that is "covered" by the levy, they will demand changes to justify the levy or change the attitudes of those who created them, they will revolt against the levies, et cetera.

      Reality is that, contrary to a lot of the postings I see here on Slashdot on all kinds of subjects, most people are NOT stupid enough to sit idly by and let themselves be cheated. They'll say "OK, tax me and I'll do whatever you're taxing me for to get my money's worth out of this tax." Hit people in the pocketbook, as happened all those centuries ago, and they will notice.

      Continuing to believe otherwise is choosing to turn a blind eye to reality.

    11. Re:This sets up a nasty loop by mark-t · · Score: 1
      Why should you pay a tax and get nothing in return? Actually, you are getting something, just something you've been taking for granted your whole life.

      Copyright is a relatively recent innovation of our society, being only slightly younger than the invention of the printing press. This is no coincidence, because prior to the printing press being invented, illiteracy was quite common, and making copies of somebody else's work was _hard_... or certainly well beyond the means of the average person to undertake.

      Then the printing press was invented and it became substantially easier to copy things that somebody else did. Society needed a way to keep unrestrained copying (by those organizations with sufficient resources to acquire a printing press in the first place) in check and so copyright was invented, making copying without permission from the person who held the copyright a crime, subject to fines, damages payable to the copyright holder, and even imprisonment in some cases.

      Of course, even then, the average person couldn't actually afford their own printing press, so the issue of wide scale copyright infringement wasn't an issue until fairly recently...

      As technology advanced and more sophisticated copying technology became readily available for the average consumer, society again required a new way to keep unrestrained copyright infringement in check. This is where the copyright levies come in.

      So what the levies give you is access to the copyrighted works in the first place. If our society was incapable of addressing the need to keep unrestrained copyright infringement in check, copyright itself would probably have to be abolished, the ramifications of which are so far reaching as to be downright frightening. Given the choice, I'd hope most sensible people would rather have the levies imposed. At least it's preferable to the government adding a copyright tax and taxing _everyone_ (but even that is preferable to the outright abolishment of copyright).

      Remember too that copyright says that nobody can copy a copyrighted work without permission anyways. So even if you paid the copyright holder directly, that doesn't actually convey any permission to copy in and of itself unless the copyright holder actually said that he would grant permission to copy to people that paid him, but if he doesn't say that, giving him money directly will accomplish nothing at all. Similarly, paying the levy doesn't give you unlimited permission to copy a copyrighted work unless the copyright holder actually said so.

      Now you can go ahead and resent paying money for nothing in return, but it's really no different than people ranting about how the price of gasoline skyrocketed last year (which, incidentally, has increased in cost far faster than anything else in the retail sector, including how levies like this affect the costs of applicable items).

    12. Re:This sets up a nasty loop by Buran · · Score: 1

      Then we are going to have to agree to disagree, because I don't think either of us is going to budge from our opinions, and that doesn't mean either opinion is bad, it just means that we've got our minds made up to the point where this discussion isn't leading us anywhere.

      But I think we should also keep in mind the fact that substantial questions have been raised for quite some time regarding how much "harm" (in quotes because the term is hard to define on its own).

      And there actually have been some debates (legal and not) about whether copyright here in the US should indeed be changed.

      So yes ... it's perfectly right and fair for people to question or resist or otherwise react to levies. What the right reaction is is going to be different to each person, as this discussion proves. Only time will tell what happens in the future.

  4. What about pencils, etc? by basvdlei · · Score: 2, Insightful

    I could use a pencil to 'copy' a piece of art. And there should also be a copyright levy on the human voice for the ability to sing along with a song.

    1. Re:What about pencils, etc? by calibanDNS · · Score: 1

      This argument has been done to death. If you copy a piece of artwork with a pencil, you're most likely not creating an EXACT replica. With digital media, it's trivial to produce copies that are indistinguishable from the original. And as for singing along with a song, as long as you're not recording yourself and distributing copies then you're not playing the same game, much less in the same ballpark, as the pirates these types of measures are intended to compensate for.

      I support our digital freedoms as much as the next slashdot user, but I don't support digital piracy in any form. The music on my iPod is all from CDs and songs that I've obtained legally. However, if a tax like this were passed in the US, I think the implication would be that the government has accepted that piracy cannot be stopped and no effort to do so should be made. Of course, I doubt that the German equivalent of the RIAA and MPAA will start turning a blind eye to piracy just because of this tax. If this happens in the US, I'm sure the MPAA and RIAA will want to have their cake and eat it too.

    2. Re:What about pencils, etc? by mrjb · · Score: 1

      In the Netherlands, there's already a levy on CD recordables. Back when I had a sound studio I found it pretty unfair that I had to pay a tax on *legal* copies of CD's.

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    3. Re:What about pencils, etc? by basvdlei · · Score: 1
      This 'copyright tax' is meant exactly for the kind of use you just described. A personal copy of a CD for in the car and as mp3's on your iPod and computer.

      But it is very hard to draw a line. You correctly stated that when I copy a piece of art with a pencil it will (most likely) not be like the original. But you do say that an mp3 version of a song is the same, but there is loss in quality there also.

    4. Re:What about pencils, etc? by calibanDNS · · Score: 1

      But you do say that an mp3 version of a song is the same, but there is loss in quality there also.

      Just to nitpick, I never said anything about MP3s. The iPod supports several audio formats, including Apple Lossless.

    5. Re:What about pencils, etc? by iamatlas · · Score: 1

      I copyrighted the the words "also" and "on". Please remit the sum of $1.00 for you unlicensed use in this post.

    6. Re:What about pencils, etc? by dnaumov · · Score: 1
      "This argument has been done to death. If you copy a piece of artwork with a pencil, you're most likely not creating an EXACT replica. With digital media, it's trivial to produce copies that are indistinguishable from the original."
      This is where I disagree. You can't digitally replicate the cd/dvd case and the included booklets and whilst you CAN create lossless FLAC rips of your CDs, very rare people do so. A CD burned from 192kbps MP3s is definately NOT the same as the "real thing".
    7. Re:What about pencils, etc? by dnoyeb · · Score: 1

      Yes, the argument is wholly flawed because we could always copy with casettes. High quality that was just as acceptable to everyone as the original. Consider that we even bought casettes over the counter.

    8. Re:What about pencils, etc? by Dominatus · · Score: 1

      The difference is quality degrades each time one copies a casette. It makes it impossible for a chain of copying to exceed past a certain point. Once one lowers the quality with the MP3, it maintains that quality forever.

  5. Germany...SHH! by ral315 · · Score: 2, Funny

    Don't give Bush any ideas ;)

    1. Re:Germany...SHH! by Anonymous Coward · · Score: 0

      over-taxing citizens? nah... that's a democrat thing.

    2. Re:Germany...SHH! by Anonymous Coward · · Score: 0

      ...which is why about 50% of Americans actually have seen a net tax increase under a certain someone that might have his wife run over you if you call him a liberal. ;P

  6. why not just accuse everyone as being a thief by Anonymous Coward · · Score: 2, Insightful

    this assumes that everyone is a thief and makes the people who make the product pay for what people use their products for, even a legitimate use...which then gets passed onto the consumer. Such a stupid legal move IMO

    1. Re:why not just accuse everyone as being a thief by latroM · · Score: 1

      Nope, it compensates the "loss" of big media because of private copying.

    2. Re:why not just accuse everyone as being a thief by danila · · Score: 0

      No, this doesn't assumes that everyone is a theif. Just like it doesn't assume that everyone who violates speed limits is a bad driver who risks the lives of others. It's just that sometime we enforce arbitrary blanket limits and rules when determining who exactly should be affected is too expensive.

      This new law is simply a way for the economy to function better, like taxes. There is a belief that private copying happens and that it negatively impacts content producers. The state recognizes this and creates an economic mechanism to benefit the society (or so they believe). Just like the original copyright this is a conscious move to help the society. Creating a "just" system that doesn't tax those who don't download pirated works would be 100 times worse, because it would require DRM and monitoring of all private computers. That would be outright unethical and extremely expensive. This "stupid" system has low overhead, doesn't have significant negative impact on computer manufacturers, has no privacy implications and makes content producers happy.

      Don't be silly.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    3. Re:why not just accuse everyone as being a thief by Anonymous Coward · · Score: 0

      Just like it doesn't assume that everyone who violates speed limits is a bad driver who risks the lives of others.

      No. This is more like everyone driving a car would automatically get a speed ticket.

    4. Re:why not just accuse everyone as being a thief by Anonymous Coward · · Score: 0

      This is similar to trying to buy cable internet without getting cable. You have to pay a 25% premium because you might steal cable. Maybe I don't want cable because it was always going out when I did have it. I have a dish now and the only time it went out was during a major thuder storm. Although the reason it went out was that I lost power.

    5. Re:why not just accuse everyone as being a thief by danila · · Score: 1

      No, it is not. The difference is in amount of money. It's more like anyone driving a car paying 50$/year for compensating traffic accident victims (a scheme also known as liability insurance).

      Currently if you are guilty, you may be forced to pay thousands of euros/dollars in damages for copyright violations. The new scheme suggests a much smaller fee instead (some may say in addition). It's not at all like a speed ticket for everyone.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
  7. Independent labels and copyright taxes by Nine+Tenths+of+The+W · · Score: 3, Interesting

    Do independent and alternative labels get any of the copyright taxes in countries like Germany and Canada, or does it all go to the RIAA equivalents?

    --
    Slashdot: News for Nerds, Stuff that matters only to them
    1. Re:Independent labels and copyright taxes by Anonymous Coward · · Score: 0

      use your imagination to answer yourself

    2. Re:Independent labels and copyright taxes by JaredOfEuropa · · Score: 1

      If the German agency for collecting royalties is anything like the Dutch one, the answer would be yes... and no. At a rough guess, half the money collected is used to pay for the collection agency itself (as is usually the case), perhaps 15% will find its way abroad (even though most music played here is foreign); the rest goes to Dutch artists (including independent ones) divided according to radio stations' playlists.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re:Independent labels and copyright taxes by Yokaze · · Score: 2, Informative

      The publishers, the composers and the lyricists get each their share directly.
      From the horses mouth.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    4. Re:Independent labels and copyright taxes by Anonymous Coward · · Score: 0

      But you have to sell your soul to them first. Why can private orgs tax citizens anyway?

    5. Re:Independent labels and copyright taxes by Tom · · Score: 1

      Neither. VG Wort ("Verwertungsgesellschaft Wort" - in english "collection agency word") is for written content, i.e. books et al, and has nothing to do with music.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re:Independent labels and copyright taxes by rxmd · · Score: 1

      Individual authors do get some money from VG Wort, however, even though it's not a lot.

      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    7. Re:Independent labels and copyright taxes by dryeo · · Score: 1

      Not sure if independents etc get a cut here in Canada but this brings up another point. The levy is only on blank media so all a company eg Apple has to do is put some independent music on their ipod and bang, no more levy. I'm sure there are lots of indies who would happily donate music just for the exposure.
      Doesn't help much for cdr though.
      Unluckily this will just bring the next step in the *AAs war, suing every indie or/and alternative band for copyright infringement. You know those 3 notes were used before and its copyrighted.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    8. Re:Independent labels and copyright taxes by shark72 · · Score: 1

      "Do independent and alternative labels get any of the copyright taxes in countries like Germany and Canada, or does it all go to the RIAA equivalents?"

      Not sure what you mean by "RIAA equivalents." In Canada it goes to SOCAN, which is the equivalent of ASCAP and BMI -- that is, composers, lyricists and the like. The record labels largely aren't part of the story. So, when reading about tariffs and levies (whether they're in the US, Canada, or Germany), when you see "greedy record label" substitute that with "greedy composers and lyricists."

      The money's distributed according to popularity as measured by airplay, I believe. This is a gross generalization, but popular artists tend to be on major labels, and less popular artists tend to be on indie labels (again -- gross generalization!) so the people who write Celine Dion's music for her will get more of the Canadian levy than the people who write the music for your favorite little-known indie bands.

      Anyway, the little labels see little or none of the Canadian levy, but then again, neither do the big ones.

      --
      Sitting in my day care, the art is decopainted.
  8. Sounds like a bargain! by DrStrangeLug · · Score: 4, Interesting

    You pay car tax and you're legally allowed to drive a car.

    You pay tobacco tax and you're legally allowed to smoke it.

    So if you pay a "digital copying tax" on a computer, you must be allowed to do digital copying on it, surely?

    Out of curiosity, if you built a pc from scratch, which component gets this tax, or is it split up between all of them ?

    1. Re:Sounds like a bargain! by gmanic · · Score: 1
      Devices under most attack are cd/dvd-burners, scanners, printers (copiers have this levy already). Of course, they try to embrace it for harddisks, as well, if I remember right. But I may mix it up with the other organisations for music, film etc.

      To clarify: VG Wort, which was cited, is only doing its business for writers! Not anything to do with other organisations, which care about music, e.g.

      And, this is just a levy for the so called "private copy" which is allowed in Germany under certain circumstances (e.g. it must be a copy of the original, not a copy of the copy).

    2. Re:Sounds like a bargain! by basvdlei · · Score: 1, Interesting

      Here in the Netherlands we have a right to make a "home copy" for personal or educational use. It is because of that right we have to pay 'copyright tax' on media. I think this allso applies in Germany but of that I'm not sure.
      Stichting Thuiskopie (dutch)

    3. Re:Sounds like a bargain! by AtomicJake · · Score: 1

      You pay car tax and you're legally allowed to drive a car.

      No, you are legally allowed to own a car; to drive it you need a driver license.

      So if you pay a "digital copying tax" on a computer, you must be allowed to do digital copying on it, surely?

      Yes. You are legally allowed to make copies for yourself or to copy parts of a book, for non profit purposes.

      Out of curiosity, if you built a pc from scratch, which component gets this tax, or is it split up between all of them?

      Good question. AFAIK, there are taxes on CD/DVD drives and on printers. But it would be great to have the actual list.

    4. Re:Sounds like a bargain! by dipipanone · · Score: 1

      In 1937, the US Federal Government passed the Marijuana Tax Act.

      Do let me know when I'll be free to start smoking marijuana, won't you?

    5. Re:Sounds like a bargain! by gilesjuk · · Score: 1

      You often already pay such taxes on CD/DVD burners and media. Where will it all end? taxing hearing aids as these can enable someone to listen to pirate music?

    6. Re:Sounds like a bargain! by Buran · · Score: 1

      Don't give them any ideas... you don't want to know what mine cost as it is. (fortunately, I only need one)

    7. Re:Sounds like a bargain! by Anonymous Coward · · Score: 0

      In 1937, the US Federal Government passed the Marijuana Tax Act.

      And they wouldn't issue tax stamps, effectively making it illegal. There was a very brief moment in the 70's when Marijuana was indeed legal, to a certain extent. However, today it is completely illegal according to the Federal gov't, and the 1937 tax is irrelevant.

      Do let me know when I'll be free to start smoking marijuana, won't you?

      Don't just wait, be an active part of pushing for legalization. You can start with making a donation to NORML, and there are other things you can do too, like write to your representatives.

    8. Re:Sounds like a bargain! by Dhalka226 · · Score: 2, Informative

      Do let me know when I'll be free to start smoking marijuana, won't you?

      You were somewhat free to do so after they passed it. Except that the law required you have the marijuana to get the license and required a license to have the marijuana.

      The Supreme Court didn't laugh and ruled it unconstitutional in 1969 on the grounds that it forced self-incrimination. In 1970, it was officially made illegal in the Controlled Substances Act.

    9. Re:Sounds like a bargain! by Tom · · Score: 4, Interesting

      So if you pay a "digital copying tax" on a computer, you must be allowed to do digital copying on it, surely?

      Yes, that's the point. In Germany, copying for private purposes is explicitly allowed by law. There are many court cases setting the limits, of course. However, the "Privatkopie" right is quite broad, and it does include making a few (the generally agreed limit is 5 or 6 in total) copies for friends.

      --
      Assorted stuff I do sometimes: Lemuria.org
    10. Re:Sounds like a bargain! by JaredOfEuropa · · Score: 4, Insightful
      Yes, that's the point. In Germany, copying for private purposes is explicitly allowed by law.
      If people are forced pay this hefty tax on blank media and even on computers, then private copying should become a right rather than a privilege. That means that publishers should be forbidden to add any DRM, region codes, Macrovision and whatnot to their content.

      Of course that side of the bargain is always conveniently overlooked. I hope this 'success' won't mean similar arrangements in other European countries; but the movie industry would love to collect a tax for private copies we can't make.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    11. Re:Sounds like a bargain! by Anonymous Coward · · Score: 0

      "Private copy" does not mean a copy of an original copy, but a copy of a legal copy. Therefor a copy of a "private copy" still remains a "private copy" and is limited to private use.
      Commercial use of a "private copy" and distributing it is not allowed. As distribution is not allowed a download is not a legal copy. As a result you haven't created a "private copy" either.

    12. Re:Sounds like a bargain! by flynn_nrg · · Score: 1

      I don't think it works that way. Where I live (Spain) we pay a tax every time we buy a CD-R(W). This tax was put there to compensate the artists for private copies you could make with that CD. A private copy is a right you have, and it means you can copy a CD you've already purchased. In other words, if I buy the latest Prodigy album I'm allowed by law to make backup copies to e.g. use in my car. This doesn't allow me to borrow your copy and make a duplicate. This tax gives them money because, in their opinion, they're losing money since I didn't buy 2 copies of said album. Of course all these laws are bullshit because 99% of the CD-Rs I buy are used to store my own data, not music, but that's another issue.

    13. Re:Sounds like a bargain! by Yokaze · · Score: 1

      > That means that publishers should be forbidden to add any DRM, region codes, Macrovision and whatnot to their content.

      I think this is the interesting part. Are works published with copy protection entitled to a share of those fees?
      If I understand the law (Article 54) correctly, they are not.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    14. Re:Sounds like a bargain! by NemesisNL · · Score: 1

      In the Netherlands there already is a tax on cassete tapes, cd-r/cd-rw and I believe dvd-r/dvd-rw. If you want to put up a tax that's the sane one, if you can call it sane in any way, this is the one because you only target those that actualy do copy.

    15. Re:Sounds like a bargain! by Anonymous Coward · · Score: 0

      In 1970, it was officially made illegal in the Controlled Substances Act.

      What a corrupt group of sons-of-bitches we have in government. The U.S. needs to get a grip and start voting for representatives that care about their fellow man.

    16. Re:Sounds like a bargain! by Anonymous Coward · · Score: 0

      "If you want to put up a tax that's the sane one, if you can call it sane in any way, this is the one because you only target those that actualy do copy."

      No, it doesn't target those who actually do copy - as in those who copy the works of those who will get the money. Under this scheme - and I use that work in at least two senses here - they would get money from a person making home movies of his family.

      So we see who is quite willing to be a thief and to use the power of the law to help them steal. Yes, they are willing to force you to give them your hard earned money and give it to the people they represent. And why do they get to take your money? Because you made a home movie.

      So tell me one more time people, who are the crooks here?

      A Nony Mouse

    17. Re:Sounds like a bargain! by Anonymous Coward · · Score: 0

      Here in the US the law says that we can make a copy for private use. And that we can make multiple copies for limited educational distribution. It's just that copyright holders sue us when we try, and somehow I don't think a tax would discourage them.

    18. Re:Sounds like a bargain! by NoMercy · · Score: 2, Insightful

      I think it's a bad route to go down taxing one industury and giving the revinue to another, no matter what the reasons behind it are.

    19. Re:Sounds like a bargain! by Lars+T. · · Score: 1
      You pay car tax and you're legally allowed to drive a car

      ... but not to run over people.

      You pay tobacco tax and you're legally allowed to smoke it

      ... but not any other non-taxed tobacco.

      So if you pay a "digital copying tax" on a computer, you must be allowed to do digital copying on it, surely?

      It pays for fair use copying, not illegal copying.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    20. Re:Sounds like a bargain! by hughk · · Score: 1
      Not quite, there is a campaign at the moment against Raubkopieren (illegal copying) quoting the prison terms and fines. They are trying at least to go after file sharers but they cannot get those who copy for friends off their own media.

      The music business here is carefully controlled and we have a major publisher (BMG) who seem to get the ear of the government.

      --
      See my journal, I write things there
    21. Re:Sounds like a bargain! by henni16 · · Score: 5, Informative
      The *sweet* thing about German copyright law and this taxes:
      • The lobby groups are active in buying copyright law updates, since last year very successful
      • Yes, you were allowed to make some private copies for yourself and famuily/close friends, because you pay taxes for CDs, printers, scanners and whatnot
      • BUT since September you may only do so if there is no "copy protection" on the media - and most CDs (in Germany) and DVDs (CSS counts as _copy_ protection) are "protected", so you might not even have the right to make a backup..; I think in "pre-digital-age" you were even allowed (because of the taxes) to make a copy of a rented VHS for yourself, despite all the stupid FBI-Warnings etc
      • You are not allowed anymore to circumvent copy protection, to offer software that does it (CloneCD for example, various DVD-backup solutions) or to describe how to do it (DMCA, anyone?)
      • Since September ou are not sllowed to make a copy from "obviously illegal sources" (introduced to cover P2P)
      • The "VG Wort" mentioned here covers only written works like books and pictures - for copying music there is another "VG" who collects additional taxes..
      • If you really want to vomit, read their proposals for the next changes, like the power to request customer information for IP adresses from ISPs..

      As a footnote: the movie industry has used lots of pressure on shops and video stores to forbid the import of non-RC2-DVDs (you can't buy/rent them anywhere anymore). There are sometimes price differences that you could order an RC1-DVD-player from amazon.com with your RC1-DVDs and pay less than buying the RC2-DVDs in Germany.
      Example: just waiting for the 4th season of Angel;
      RC1: ~42 Euros from playusa.com(+possible customs and German VAT (16%))
      RC2: 110-120(!) Euros, depending on the shops..
    22. Re:Sounds like a bargain! by henni16 · · Score: 1

      As i mentioned in a "sibling post":
      You are forced to pay, but you aren't allowed to copy if there is any kind of copyright protection involved (crappy CD protection your burner might already ignore, Macrovision, CSS,..).
      And: "VG Wort" only covers written art and pictures, so it simply entitles you to scan and print your own (!but not a downloaded e-book!) bought Harry Potter book for personal use..yeah, most people do something like that on a daily basis..
      For music and movies you still have to pay other "VG"s..

    23. Re:Sounds like a bargain! by Dominatus · · Score: 1

      No....actually....the copyright owners sued people who were *sharing* content on p2p networks. Not even downloading, uploading.

    24. Re:Sounds like a bargain! by Grym · · Score: 1

      There are many court cases setting the limits, of course. However, the "Privatkopie" right is quite broad, and it does include making a few (the generally agreed limit is 5 or 6 in total) copies for friends.

      What about my friends on Kazaa? If one were to make a P2P client that only gave out at most five copies of any given file, would it be legal according to German law?

      -Grym

    25. Re:Sounds like a bargain! by Anonymous Coward · · Score: 0

      Perhaps this is a sign of things to come?

      At first, the US government did not technically outlaw drugs. They simply taxed them into oblivion. Then, in the 60s and 70s, they were formally banned.

      Perhaps this "copyright tax" will end up the same way?

    26. Re:Sounds like a bargain! by Skapare · · Score: 1

      Why can't the cost of your (non-free) right to make a "home copy" be included in the original content purchase price?

      --
      now we need to go OSS in diesel cars
    27. Re:Sounds like a bargain! by psyon1 · · Score: 1

      "No, you are legally allowed to own a car; to drive it you need a driver license." Actually (in the US at least), you pay sales tax when you buy the car, which allows you to own it. After that you pay taxes for the right to drive it. If you drive without license plates, you get pulled over and fined.

    28. Re:Sounds like a bargain! by mefus · · Score: 1

      Yes, that's the point. In Germany, copying for private purposes is explicitly allowed by law

      I think you missed the point of your post's parent, in that if one is already permitted to copy material for private purposes, this levy is de facto consideration for all other copying and hey, copy away!

      --
      mefus
      In Open Society, GPL Software frees YOU!
    29. Re:Sounds like a bargain! by bnenning · · Score: 1

      If people are forced pay this hefty tax on blank media and even on computers, then private copying should become a right rather than a privilege. That means that publishers should be forbidden to add any DRM, region codes, Macrovision and whatnot to their content.

      Exactly. And it's not even necessary to prohibit DRM schemes, it should just *not* be illegal to defeat them.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    30. Re:Sounds like a bargain! by Tom · · Score: 1

      Several court cases have defined that the Privatkopie only covers personal acquaintances. Making some copies for strangers is not legal. Making one for your wife, one for your best friend and one for the chick you want to impress, is.

      --
      Assorted stuff I do sometimes: Lemuria.org
  9. Parts? by miyako · · Score: 5, Interesting

    I wonder how this will effect people who build their own PCs. Does the tax only apply to people who buy a pre-fab machine, or will individual components also be taxed, or is it on the honor system where if you build a computer at home you are obligated to send in the ammount required by the tax.
    As assinine as this is overall, I would much rather pay a $50 tax on any computer than have the media industries completely destroy or cripple beyond recognition the internet and anything remotely interesting that computers can do.

    --
    Famous Last Words: "hmm...wikipedia says it's edible"
    1. Re:Parts? by rokzy · · Score: 1

      >I would much rather pay a $50 tax on any computer than have the media industries completely destroy or cripple beyond recognition the internet and anything remotely interesting that computers can do.

      I prefer the latter, since it would fail and be a wake up call for the public.

    2. Re:Parts? by Anonymous Coward · · Score: 0, Offtopic

      I wonder how this will effect people

      "affect".

    3. Re:Parts? by Sweetshark · · Score: 2, Informative

      This tax was already applied to CD/DVD-burners and blank media.
      http://www.golem.de/0301/23447.html(german)
      (google tranlation)
      The GEMA is/was also trying to get the tax on printers, IIRC ...

    4. Re:Parts? by Anonymous Coward · · Score: 2, Insightful

      You do realize that they're going to attempt to cripple the internet anyway because they are greedy beyond all reason and want it both ways. They desire to stop "copyright infringement" via suing their customers or the general population who wouldn't have bought their content anyway but who would surely like a free copy of Halo or the latest movie that came out, and they desire a tax on all blank media and now PC's simply assuming that all people buying PC's are infringing on their copyrighten works which is of course madness, but if the population allows it to happen what can you do.

    5. Re:Parts? by Anonymous Coward · · Score: 0

      That's Nietzsche.

    6. Re:Parts? by IdleTime · · Score: 2, Insightful

      Wake up!!!

      I know it is january 1st and you probably have a hang-over, but I got news for you: The public don't care! The only ones who care are /.'ers and other geeks. Joe Schmoe have no idea what we are talking about. The average computer user don't donwload music.

      --
      If you mod me down, I *will* introduce you to my sister!
    7. Re:Parts? by surprise_audit · · Score: 1
      The average computer user don't donwload music.

      The average computer user won't even notice the extra tax, if it's added on to the list price. It'll just be a slight blip in the slow downward price trend.

      Now, if it's added on at the checkout, like sales tax in the US, that's going to surprise a lot of people...

    8. Re:Parts? by Shadow99_1 · · Score: 2, Informative

      "The average computer user don't donwload music."

      I beg to differ. Now being a department lead for a stores software department gives me a vierw most opeople don't have... But the two questiosn I get asked the most are about software to copy music and software to copy movies...

      In fact I get more pissed off people from having to say that it would be illegal to sell them software that could copy commercial DVD's than anything else bar none... With repsonses like "Why would I buy a DVD-burner except to copy DVD movies?" and "Your kidding right?" The average person doesn't give a rats ass about copyright and really misplace their anger about it... Rather than getting pissed at the MPAA or RIAA they get pissed at the computer manufacturers and salesmen for giving them a 'defective' PC... Really nice trick the MPAA and RIAA manage on that...

      --
      we are all invisible unless we choose otherwise
    9. Re:Parts? by aztektum · · Score: 1
      If that were true, then why does p2p programs account for 35% of all web traffic? That's a lot of traffic for just /.rs and geeks, who are probably spending their time getting russian brides and pr0n.

      Everyone I know that has a computer and any net connection, even non-savvy relatives, has used kazaa at least once.

      --
      :: aztek ::
      No sig for you!!
  10. Wait a minute.. by torako · · Score: 3, Informative
    Now, before anyone gets any wrong ideas here and stars complaining about music, independent labels etc:

    VG Wort is not about music. VG Wort is responsible for collecting money on written documents / books and the rights associated with them. And they are right about wanting to get that levy on computers, because people who want to set up Xerox machines and use them commercialy have had to pay that levy since, eh, always (And thereby you have the right to copy material out of books without owning the books).

    So yes, you have to pay the levy, but you are also allowed to make non-commercial copies of books / magazines etc because of that. Stop complaining.

    1. Re:Wait a minute.. by rokzy · · Score: 1

      here in UK I get to make such copies without a tax thanks

    2. Re:Wait a minute.. by Anonymous Coward · · Score: 0

      In that case they are illegal. He was pointing out that this tax granted a right to copy.
      BTW, in UK or France, copy machines in libraries are involved in a tax scheme: you may copy the books freely on these machines for personal use. I think this is not a bad idea.
      What would be good is to give people choice : they would pay a tax and then would be able to copy.

    3. Re:Wait a minute.. by Flyboy+Connor · · Score: 2
      So yes, you have to pay the levy, but you are also allowed to make non-commercial copies of books / magazines etc because of that.

      Interesting, but weird. How am I supposed to copy a book or magazine with a computer? I see three ways:

      • Use a scanner. But in that case, the levy should be on the scanner, not on the computer, because by itself the computer can not be used for copying.
      • Type it all in. But besides the fact that that is so much work that (almost) nobody will do it, the same thing can be done with a pen. Is there such a levy on pens, too?
      • Copy the book or magazine from, for intance, the Internet. But isn't it an illegal activity to make copyrighted works available on the Internet? Does this mean that, by paying the levy, you are now allowed to profit from illegal activitities of other people? There seems to be an internal conflict here. Also, in this case the levy should be on the Internet connection, not on the computer.

      Do you know more about this?

    4. Re:Wait a minute.. by Anonymous Coward · · Score: 0

      has anyone noticed that the Net makes all this
      obsolete anyway ?!?

      what are these judges on ???

    5. Re:Wait a minute.. by tigress · · Score: 2, Informative

      Well, in Sweden (I don't know about other countries), you're allowed to make copies of extracts of books and magazines. It's called "Fair Use".

      Under fair use, you're not allowed to copy entire books or magazines but an article or two is allowed.

    6. Re:Wait a minute.. by Jarlsberg · · Score: 2, Informative

      "Efforts by the industries affected are under way to extend the levy to computer peripherals and, where not yet implemented, photocopying machines."
      http://www.upi.com/view.cfm?StoryID=20030312-12091 2-6894r

    7. Re:Wait a minute.. by mousse-man · · Score: 1

      And do they pay such an onerous tax on every computer in Sweden?

    8. Re:Wait a minute.. by arose · · Score: 1

      All literate people hold copyright on writen material, so all should get a cut.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    9. Re:Wait a minute.. by a_n_d_e_r_s · · Score: 1

      Not yet. But on writable CDs, DVDs and MP3-players.

      --
      Just saying it like it are.
    10. Re:Wait a minute.. by LarsWestergren · · Score: 1

      Actually, I think these days, you are allowed to copy an entire book at a library as part of fair use if you can show you are using it for research.

      However - we are moving in the same direction as Germany in many other cases. We are already paying a "piracy" tax on all blank media sold. Also, some anti-piracy group recently announced that they are suing "Jens of Sweden", the makers of popular MP3 players.

      I'm not that surprised. If you can get money by extorsion instead of working, it's not surprising that some scumbags are doing it. What disgusts me is that politicians aren't doing anything about this. I'm beginning to think the old farts don't understand modern technology and the implications of this.

      --

      Being bitter is drinking poison and hoping someone else will die

    11. Re:Wait a minute.. by rxmd · · Score: 1
      However - we are moving in the same direction as Germany in many other cases. We are already paying a "piracy" tax on all blank media sold.
      No, we're not. We're paying GEMA-Gebühren, which is not a tax ("Steuer"), but a levy ("Gebühr"). If you're unaware of the difference, check who collects them: taxes are collected by the state (with the exception of Mehrwertsteuer [i.e. VAT] for which another collection mechanism exists). And it doesn't cover piracy, it compensates for private and academic use copying, which is legal in Germany.
      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    12. Re:Wait a minute.. by Oligonicella · · Score: 0

      Not sure what you're trying to say. Only the author holds a copyright. Just because you can read, or have read, something bestows nothing upon you.

    13. Re:Wait a minute.. by arose · · Score: 1

      But literate people can also write and copyright is granted before the ink has dried (or text stored on disk).

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  11. This will be ok by Anonymous Coward · · Score: 0

    If there is an option to get your money back by filling out a form stating that you will not do any copying of copyrighted material and waiting 6-8 weeks for the form to be processed.

  12. This is a hopeful sign by prunesqualour · · Score: 1

    This -- or something like it -- is much the best hope for a reasonable copyright regime. Governments are going to have to fix copyright, because no one else will protect the interests of the people who create this stuff. The labels and corporations generally are not on the side of the creators, and most of the consumers of digital property will rip you off blind if they can.

    If the problem is left to the untramelled market playing by American rules, you get nothing between free or monopoly, which is what has happened to the consumer software business.

    A copyright levy is a political fix that is better than the more obviously technological ones, like DRM, since it will produce more of the music, software, and other digital goods which benefit society than any of the alternatives.

    You may say this argument is unproven: how else to find out but encouraging the EU to have one regime, America another, and see which one works better?

    --
    OOo word count at http://www.darwinwars.com/lunatic/bugs/oo_macros.h tml
    1. Re:This is a hopeful sign by Zork+the+Almighty · · Score: 1

      I'm sorry, but this is not a sane idea at all. Why not have a tax on paper and photocopiers to compensate book and magazine publishers whose articles are being copied ? Look at all that piracy which is being completely ignored. And what about libraries. They lend books out and anyone can read them. They should have to pay a tax too. The fact is, the music and movie industries have been incredibly successful at getting people to accept special rules just for them. But intellectual property has been around a lot longer. They should be forced to accept the same rules as the print-publishing industry, for the betterment of society.

      --

      In Soviet America the banks rob you!
    2. Re:This is a hopeful sign by Oligonicella · · Score: 1

      Sorry, but a "copyright levy" is a moronic idea. Will this go to compensate the millions of authors that have stuff in print? No, it won't. It will simply be a tax that is stuffed into Germany's pocket for whatever they want. No individual will see a penny (or mark).

      This is not really a copyright tax, just a transparent money grab.

    3. Re:This is a hopeful sign by serutan · · Score: 1

      I disagree. This is not an attempt to fix the copyright system, it's just another side effect of the system's brokenness. And it's not a "political fix," it's merely a lawsuit settlement. Siemens will have to charge a little more for every computer it sells merely because of their potential for illegal use. This is bad for several reasons.

      For one, it sets a precedent of proactively collecting fines without any proof of guilt. If every single person who buys a computer must pay a penalty under the assumption that he is going to commit crimes with it, then so should every person who buys almost any other product, from cars (drunk driving levy) to guns (armed assault levy) to postage stamps (mail fraud levy).

      VG Wort specifically is on the vanguard of the publishing industry's campaign to chip away at the ways in which the public has traditionally been allowed to use copyrighted materials. According to VG Wort's own website their leading source of revenue is "library royalties and reader circles for hiring and renting of books." The publishing industry's ongoing efforts to turn libraries into book rental agencies will have huge, long-term negative impact on public education. This VG Wort victory is another brick in their wall.

      And remember, these copyright wars are not about protecting the rights of creative people, they are about protecting the mechanics of the system established by the content industry, which creates nothing and wants to own everything. Their vision of the world is another feudal one, in which they own the royal forest, artists and authors are hirelings who get paid to produce only what sells best, and poachers are kept outside the fence.

  13. EU free trade by kin242 · · Score: 2, Insightful

    This just means that german PC sales will drop and the countries surrounding it will benefit. How inane. But at least this semi-legitimizes piracy in Germany (pre-paid).

    --
    kin242.net
  14. Logically, yes... by lxt · · Score: 2, Interesting

    In order to drive a car, you have to pay a tax. It's the law.

    However, in order to make a digital copy, or a copy of anything, you don't need to pay anything. Nothing, no tax, zilch. Assuming, of course, that you already own the source material you're copying.

    I just don't see how you could justify a tax for copying, because you're either going to be copying illegally obtained material (in which case you can't really tax it, because it would legitimise the crime - you really can't tax something which is illegal to start with), or you're going to be copying something you own already (transferring an LP of yours to CD, recording your own work to a CD), or something that you have permission to copy (GPL files etc.)

    It just doesn't work, and doesn't make sense. Perhaps somebody in Germany will follow Canada's example, and scrap it. Soon.

    1. Re:Logically, yes... by Eskarel · · Score: 2, Interesting
      Actually the government does tax illegal activities. You're supposed to pay income tax on any money you get regardless of the source and, in theory, the tax department(at least here) isn't supposed to care, so long as you pay your taxes.Al Capone went down for tax evasion not for illegal activities.

      As an amusing side note, and an example of sticking it to the man, we had a local drug dealer here who got caught by the police, and sent to jail. The tax department wanted to tax him on his ill gotten income, and this guy, enterprising fellow that he was decided that if they were going to tax him he could claim a deduction for a deal which went sour and lost him $2,000,000. The tax department took him to court and lost.

  15. Not A Rights Issue; Extension of Common Practice by reallocate · · Score: 1

    Exactly which of my rights is this ruling violating?

    Even if you aren't Eurepean, anyone who reads the article will know that this is an extension of a common European practice to mandate an additional levy on the price of any appliance that can be used to copy copyrighted material.

    Seems to me that an attempt to convince the court that this levy shouldn't be applied would have to include an attack on all the other levies. Popular among those who don't believe in copyright, but unlikely to prove successful. (Fervency of belief is know substitute for logic and reality.)

    --
    -- Slashdot: When Public Access TV Says "No"
  16. Germanic vs. Roman law by Anonymous Coward · · Score: 5, Informative

    First they tax CD-R(W) media by default because they assume you will use them for copyright-protected content and now they're also making you pay an additional tax on computers because they assume you will illegally be using copyright-protected content on your computer. They just assume mens rea without proving it on an individual basis. Guilty until proven otherwise is the premise Germanic law is based on. The German legal system as well as all other modern legal systems are based on Roman law, which is based on the premise that you are innocent until proven guilty. How this decision could have come about is totally beyond me. What's next? An additional tax on eyeglasses because you might use them to view copyright-protected content?!

    Just as a reminder, the four levels of mens rea set forth in the MPC (Model Penal Code) are:

    (1) Purposely - Express purpose to commit a specific crime against a particular person

    (2) Knowingly - Knowledge that one's actions would certainly result in a crime against someone, but did not specifically intend to commit that crime against the particular victim which one is accused of injuring

    (3) Recklessly - Knew that one's actions had an unjustifiable risk of leading to a certain result, but did not care about that risk ("reckless disregard"), and acted anyway

    (4) Negligently - Did not intend to cause the result that happened, but failed to exercise a reasonable duty of care to prevent that result (which includes failing to become aware of the risk of that result)

    Some commentators like to add on a fifth uncodified level (technically applicable only in civil lawsuits and not criminal prosecutions):

    (5) Strict liability - Did everything possible to prevent the result that happened, but will be held liable anyway as a matter of public policy, because the government wants to force all such similarly situated persons to always exercise the maximum reasonable duty of care under such circumstances.
    1. Re:Germanic vs. Roman law by Anonymous Coward · · Score: 0

      > Guilty until proven otherwise is the premise Germanic law is based on.

      I'd rather say "Guilty is the premise Germanic law is based on".. as you don't even get your tax back when you prove you only run free software :-)

    2. Re:Germanic vs. Roman law by Yokaze · · Score: 3, Insightful

      > because they assume you will illegally be using copyright-protected content on your computer.

      No, you misunderstood the intent of the law. The intent of the law is not to make you pay in advance for breaking the law, but for extending your rights as consument by compensating the producer.

      The tax was levied on copying devices and media because you were allowed to make copies of music and films. Not just for you personally, but also for friends and family.

      I speak in past tense, because AFAIK, the law has been somewhat modified.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    3. Re:Germanic vs. Roman law by Anonymous Coward · · Score: 0

      No, you misunderstood the intent of the law. The intent of the law is not to make you pay in advance for breaking the law, but for extending your rights as consument by compensating the producer.

      How does it extend the consumer's rights when the consumer is allowed to make a certain number of copies for personal use under the copyright law as it is? This is just another way of squeezing more money from consumers so copyright-content producers can meet their profit projections.

      The tax was levied on copying devices and media because you were allowed to make copies of music and films. Not just for you personally, but also for friends and family.

      You cannot just assume what the media will be used for and levy the tax based on your assumption. You can levy the tax only once you can prove that the media was used to store copyright-protected content, otherwise you are enforcing Germanic law. Today they assume you make copies of copyright-protected CDs and tax you for it in advance, tomorrow they might assume you are a terrorist and charge you an additional tax until you prove you are not a terrorist. Except you can't prove that before you die and then it will be too late to demand the money back and other people (friends, relatives) won't be allowed to demand money back for you because they are also considered to be potential terrorists until they die. Do you see where this is leading?

    4. Re:Germanic vs. Roman law by danila · · Score: 1

      If this law assumed that everyone is guilty, the levy would not be 12 euro, it would be 1200 euro (the price of a thousand MP3s). This law is simply a practical tool to compensate content producers for the (perceived) losses while not harming or inconveniencing the consumers in any significant way.

      So this law doesn't imply that anyone breaks the law, it's just another tax.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    5. Re:Germanic vs. Roman law by blah-Hipo · · Score: 0

      wow nice legal definition IANAL-man:

      your post bored the shit out of me.

      -blah-Hipo

      p.s. germany is bomb

    6. Re:Germanic vs. Roman law by Anonymous Coward · · Score: 0

      If this law assumed that everyone is guilty, the levy would not be 12 euro, it would be 1200 euro (the price of a thousand MP3s). This law is simply a practical tool to compensate content producers for the (perceived) losses while not harming or inconveniencing the consumers in any significant way.

      Do you work for RIAA or MPAA or do you really not understand how this works? The perceived loss is just that - perceived. Anything based on something which is subjectively perceived by an interested party is a biased assumption and laws should not be based on such assumptions. Again, you are assuming that most people have at least a 1000 songs and that they are in mp3 format. That is just your assumption based on your personal opinion and as such is also arbitrary and can't be used as an argument in this case. The amount is currently irrelevant, they just wanted to get their foot in the door so they could have a precedent for later when they decide to demand higher taxes by showing that 12 euro just is not enough to cover their perceived loss of profit. That is not only plain wrong morally, it is also against the law, it's called racketeering.

      So this law doesn't imply that anyone breaks the law, it's just another tax.

      Breaking the law is not the issue here, it's making an arbitrary, criminal tax mandatory by law. You pay for the CD when you buy it, the producers and RIAA get most of that. You buy CD media to make a backup of your personal files (no copyright-protected content other than made by you), the producers and RIAA get a share of the money you paid for the CD media as well. You buy a computer, the producers of CDs and RIAA get a share of the money you paid for the computer. Even if you do use the computer to make legal, personal copies of CDs that you bought, you are made to pay for the same content over and over again. That is just dead wrong.

    7. Re:Germanic vs. Roman law by arose · · Score: 1

      What if I own rhe copyright of the files I burn? Do I get my money back?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    8. Re:Germanic vs. Roman law by elgaard · · Score: 1

      > it's just another tax.

      No it is not. A tax is something you pay to the government, not some organizations like "VG Wort".

    9. Re:Germanic vs. Roman law by Anonymous Coward · · Score: 0

      Ok, so if I lived there, now, even if I never copied their works, I would have to pay them for the people who did copy their works.

      Tell me again that they are concerned about fairness and what is right.

      A Nony Mouse

    10. Re:Germanic vs. Roman law by danila · · Score: 1

      Or, great. Now everyone you disagree with works for RIAA. Not funny.

      1) I am not saying that 12 euro is directly based on the claims o copyright holders. I hope (and it looks like) it's a result of careful consideration by the lawmakers. 12$ per PC certainly doesn't sound like much. But then I am not defending this particular number, it certainly should be open to criticism.
      2) A recent UK study by Toshiba showed that 60 percent of users of portable devices (though the methodology is not at all clear from that article) have 1000-2000 songs on their devices. I am certainly not saying everyone has that on their PC, but judging by various estimates of the number of P2P users I don't think this figure is very far from the truth. And don't forget that software is even more expensive per item. This is my assumption, but not baseless.
      3) Yes, you make it sound scary, but we have no evidence that this (demanding higher taxes) would happen - in Canada and other countries with such a levy this didn't happen.
      4) The levy is not different from copyright in principle. Creators of content are given something "for nothing" (and rights of others are infringed upon), because it is believed that the society would benefit.
      5) It isn't any more wrong than taxes. You buy French wine, you pay levies and then the government dotates production of California wine. You also buy Australian milk, but then the government again uses the levy to support the production of wine in California. You may argue - "But I don't even drink wine, I only drink milk, why should my money be used to support production of wine?" But this is how a modern society based on taxes works. This particular levy is not worse than all others.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    11. Re:Germanic vs. Roman law by ArsenneLupin · · Score: 0, Troll
      (1) Purposely - Express purpose to commit a specific crime against a

      particular person

      Wouldn't that make crimes committed against a random victim legal? Such as most muggings: it's not against a particular person, just against the first person who happens to walk by).

      (2) Knowingly - Knowledge that one's actions would certainly result in a crime against someone, but did not specifically intend to commit that crime against the particular victim which one is accused of injuring

      Woot, it doesn't state anywhere that the crime needs to be committed by same person. So this makes Microsoft legally (co)responsible for all virii and other nastinesses that are out there! Yes, given the huge customer base of MSFT, a possibility that somebody may exploit their shoddy coding turns quickly into a certainty.

    12. Re:Germanic vs. Roman law by tepples · · Score: 2, Interesting

      Strict liability - Did everything possible to prevent the result that happened, but will be held liable anyway

      And this "strict liability" is what has scared some people away from writing songs at all. Learn why

    13. Re:Germanic vs. Roman law by Anonymous Coward · · Score: 0

      1) I am not saying that 12 euro is directly based on the claims o copyright holders. I hope (and it looks like) it's a result of careful consideration by the lawmakers. 12$ per PC certainly doesn't sound like much. But then I am not defending this particular number, it certainly should be open to criticism.

      Careful consideration? Try bartering and haggling.

      2) A recent UK study by Toshiba showed that 60 percent of users of portable devices (though the methodology is not at all clear from that article) have 1000-2000 songs on their devices. I am certainly not saying everyone has that on their PC, but judging by various estimates of the number of P2P users I don't think this figure is very far from the truth. And don't forget that software is even more expensive per item. This is my assumption, but not baseless.

      Like you said the methodology is unclear. That alone kills that argument. Besides, Toshiba is an interested party, they make money from people buying their drives and whatnot, so it is as objective as cancer research done by the tobacco industry. You need an independent study.

      3) Yes, you make it sound scary, but we have no evidence that this (demanding higher taxes) would happen - in Canada and other countries with such a levy this didn't happen.

      If they assume mens rea a priori, you have to apply the same logic to them to get a consistent expectation, history shows that such actions are to be expected. Therefore, it is more than probable that they would use this as a precedent to launch other claims. BTW, as of December 17 2004 the levy imposed on mp3 players that would be distributed to record labels and other copyright holders (to compensate for the perceived loss of revenue resulting from P2P use) is illegal in Canada. You can see the details of the whole racketeering scheme that used to be in place (and partially still is) in Canada here.

      4) The levy is not different from copyright in principle. Creators of content are given something "for nothing" (and rights of others are infringed upon), because it is believed that the society would benefit.

      I disagree. Copyright exists to protect the ownership and distribution rights of the author, it has nothing to do with money in and of itself (think GNU). A levy based on the fact that people might use something to make copies of your copyright-protected content is just another way of saying: Somebody has to pay me and since you have the capability to copy my material I want you to pay me just for having that capability, even if you never heard of me and even if you never even see or hear anything I make. That's racketeering and society will most definitely not benefit from it because there is no fair way to ensure that those who indeed did make the content get paid due amounts. It's just another form of mandatory lottery.

      5) It isn't any more wrong than taxes. You buy French wine, you pay levies and then the government dotates production of California wine. You also buy Australian milk, but then the government again uses the levy to support the production of wine in California. You may argue - "But I don't even drink wine, I only drink milk, why should my money be used to support production of wine?" But this is how a modern society based on taxes works. This particular levy is not worse than all others.

      Taxes are paid to the government by the majority of people according to some clear and very well defined rules. We all benefit from taxes because they are the source of income for the government agencies that make our modern society exist and function as such. These levies, on the other hand, are nothing like taxes because they are based on an assumption that is horribly wrong and unfair, resulting in only a minority benefitting from these levies and even then in an unfair way. Besides, if you buy Australian wine and are not a resident and thus take that wine out of the country, you will

    14. Re:Germanic vs. Roman law by Oligonicella · · Score: 1

      "And the war in Iraq is just another war."

      And you were doing so well. Disposing a tyrant is neither unfair nor ludicrous.

    15. Re:Germanic vs. Roman law by Oligonicella · · Score: 1

      "4) The levy is not different from copyright in principle. Creators of content are given something "for nothing" (and rights of others are infringed upon), because it is believed that the society would benefit."

      This shows that you have a poor understanding of just what copyright is. Copyright is not about the "right" of people to copy, it is about the right of authors to control distribution of their work.

      It is about disallowing those who had nothing to do with the creativity or work of producing some content from taking it "for nothing".

    16. Re:Germanic vs. Roman law by arose · · Score: 1

      So who exactly gets the copyright tax if not copyright holders? The gov' already gets a tax from the sale.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:Germanic vs. Roman law by Legion303 · · Score: 1

      I realize you aren't necessarily arguing this point, but why should they be compensated at all? Let them go after copyright infringers directly, like every other corporation should, instead of making innocent users pay. I was under the impression that Germany--like America--was supposedly a capitalist society. Why then is Germany--like America--subsidizing corporations in a socialist manner?

  17. Why charge the computer manufacturer? by al912912 · · Score: 0

    I just dont understand why they are charging a computer manufacturer a tax for copyright issues? Copyright from whom? Who has the right to copy what? Integrated circuits? If they want to charge a tax for digital music copying (which I believe is wrong), then they should charge it to the CD writer manufacturer, not the computer retailer. It is equivalent to putting a tax on Toyota Motor Company because their cars come with CD players, and those CD's can have music the user did not paid for. You must charge the stereo maker and the digital meida distributor (if you want someone to pay), not the guys that paid for it because their buyer wanted it. Anyway, I never saw the industries go down with CD burners, cassete recordes, or VCRs. As they were in those times, I think they are being paranoid now.

  18. Artikle text by Anonymous Coward · · Score: 0, Troll

    Ze landmark decision, announced on zursday, ends a nearly two-year dispute between ze largely Germany-based computer maker and ze country's VG Vort rights society, vich has sought compensation for digital copying.
    VG Vort had filed a suit against Germany's largest PC maker, Fujitsu Siemens, seeking 30 (US$41) for each new computer sold in ze country. ze court agreed to a 12 copyright levy.
    ze rights society plans to apply ze decision to all PC vendors in ze country.
    Germany is one of several European countries zat, for decades, has been collecting special copyright levies on ze sale of analog copying devices, such as blank audio and video cassettes. ze levies are intended to compensate rights holders for lost royalties from private copying of music, images and moves.
    ze country is now poised to become ze first on ze Continent to impose a copyright levy, similar to a royalty collection, on new PCs. Fujitsu Siemens is considering appealing ze case, ze company said.
    ze computer manufacturer, a 50-50 joint-venture between Germany's Siemens AG and Japan's Fujitsu Ltd., has also called on ze German government, vich is currently debating its copyright laws, to review ze role of ze country's rights society in ze digital age.
    Chief Executive Officer Bernd Bischoff called ze copyright levy "a de facto tax on PCs," which has a negative impact on sales to consumers.

  19. I want this in Australia by EvilCabbage · · Score: 1

    I'll gladly pay a $10 tax on the computers I buy, I'll make sure I get my moneys worth in music and movies though (although with todays music, I might have a hard time getting my full $10 worth..)

    1. Re:I want this in Australia by cammoblammo · · Score: 1

      Me too!

      In fact, in Australia it's illegal to simply rip a CD (without appropriate licence) on to your own hard drive for your own private listening pleasure.

      In a magazine article I read recently, a recording industry official, when asked if they intended to pursue people who did such a dastardly thing, answered, `Well, we haven't done it yet, have we?'

      I'd pay ten dollars, but for once I'd prefer the Government to get it.

      --

      Cogito, ergo sig.

    2. Re:I want this in Australia by metricmusic · · Score: 1

      Don't think thats gonna happen anytime soon. THe FTA with the US kicked in today and one of the things it does is tighten copyright laws in Australia to the level of the US's. Some would say even tighter since fair use doesn't even allow you to time shift in Australia.

      --
      http://www.livejournal.com/users/metricmusic
  20. In other news... by Anonymous Coward · · Score: 0

    Full cavity search authorised for agents of
    the MPAA and RIAA and IDSA !!!

    Bend over everyone and don't forget to pretend you enjoy !

    1. Re:In other news... by Anonymous Coward · · Score: 0

      You laugh, but it's coming.

  21. Re:Play the Insult Game! by daniil · · Score: 1
    How about we take it a step further and try to be ontopic while still flinging shit? :7

    I thought you would reply to my insult, as someone as stupid as you just can't keep away from a fight.

    Anyway, i think it should be pointed out that Slashdot has already covered this story back when they originally started considering it about two years ago. The analysis linked to might still be relevant.

    --
    Man is a slave because freedom is difficult, whereas slavery is easy.
  22. Re:Some useful phrases in German by Linker3000 · · Score: 1

    Sticking these into Google:

    Und was haben deine Grosseltern im Krieg gemacht?
    Isn't it good that our countries are now friends?
    And which your grandparents in the war have made?

    Hor auf, so laut in dieser nervigen Sprache zu reden.
    I'm sorry, could you repeat that in English.

    Hor up to talk so loud in this nervigen language.

    Willst du Arger, Grossmaul?
    Can you give me directions?

    Do you want bad one, large muzzle?

    Dein Schwanz ist so klein, dass es 'ne Maus nicht merkt, wenn du sie fickst
    Pleased to meet you

    Your tail is so small that it does not notice 'ne mouse, if you it fickst

    I'm going to ask my penfriend Hans to make me a copy of his multimedia CD titled 'learning German for English speakers' now he can do it legitimately since he's going to pay the tax!

    --
    AT&ROFLMAO
  23. SCO v Linux by AtomicSnarl · · Score: 2, Funny

    So... Will this replace my SCO Linux license, or do I need both? I'd really like to get my $699 back...

    --
    Pacifist paratroopers yell, "Ghandi!" when they jump.
    1. Re:SCO v Linux by Anonymous Coward · · Score: 0

      You actually think SCO still exists? hahaha

    2. Re:SCO v Linux by Anonymous Coward · · Score: 0

      If you are been so stupid to pay SCO you deserve to be taxed to death

  24. Blazing idiocy by Toby+The+Economist · · Score: 4, Insightful

    I hate bureaucracy.

    Tax this, tax that, distort the market.

    VG Wort have increased the price of PCs to *everyone*. Over the whole of the economy, anyone who uses a PC to create a product or offer a service will now have to charge that much more - which means the entire economy is that much less productive, because there is a fixed amount of money available for investment, and the price of buying a PC based service is now higher.

    What's more, the knock on effect is huge, because PCs are vital to so many industries. It will now be that much more expensive to buy *food*, because all the PCs bought by food retailers and wholesalers are that much more expensive; and we ALL buy food!

    This sort of ruling, the very fact is can occur, is a hallmark of the danger of concentrating economic power in the hands of political power.

    This court has both political power - the right to make decisions - and economic power - the right to make decisions which influence, in this case, a form of taxation.

    When political decisions are badly made in the political sphere, the consequences are things like national ID cards, or foreign countries becoming upset with us.

    When political decisions are badly made in the economic sphere, there is less choice of goods to buy, they cost more, and everyone, to a greater or lesser extent, becomes poorer.

    --
    Toby

    1. Re:Blazing idiocy by node+3 · · Score: 1

      What of the money saved by being allowed to copy a few songs that would otherwise have cost you $50?

      Corporate price-fixing has *far* worse consequences than this tax *ever* will.

      Tax this, tax that, distort the market.

      There is no such thing as an "undistorted" market.

      When political decisions are badly made in the economic sphere, there is less choice of goods to buy, they cost more, and everyone, to a greater or lesser extent, becomes poorer.

      Political descisions, at least, are (supposed to be) made in the interests of the people. The same can't be said for corporate decisions.

    2. Re:Blazing idiocy by Anonymous Coward · · Score: 0
      There is a second 'tax' which was reported here which is - imho - far worse. Anyone with a TV has to pay a license fee, anyone with a radio also has to pay one but it is less than the TV one.

      Some time around april, anyone with an internet connection has to pay the TV fee. I forget what it is but will guess it at 20-30 Euros a month. For those who already have a TV, no big deal because they are already covered. I do not and am looking to adapt something like that anti-spam screensaver which was around recently to hit the TV station sites.
      If they force me to pay for their garbage then I'll make it worth their while. Maybe they will add me to their firewall blacklist and then I'll have a reason not to pay.

      The German 'Kanzler' (equivalent to Prime Minister or US President) was recently claiming about a 'mitnahmementalitaet' - everyone trying to grab whatever they can.
      Well Hello. Pot, Kettle, Black.
      This 'tax' on PCs, add it to similar 'taxes' on printers, CD Writers, DVD writers, Internet connections. All of this sanctioned by a government (and supported by the opposition) where both parties say that Germany is too expensive but neither has any hesitation in adding to a kind of 'death by 1000 cuts'.

      I do build my own PCs. Buying printers or other affected devices from outside the country is a bit difficult for two reasone:
      • language difficulties, I only speak english and german so would be pretty much limited to buying in Austria or the UK
      • Guarantees are often limited to the country you buy things in. Neither the UK or Austria are close to me so getting stuff there is simply too risky.
      (posting a/c cos I am not at home and can remember my passwd but not my userid here)
    3. Re:Blazing idiocy by bnenning · · Score: 1

      Political descisions, at least, are (supposed to be) made in the interests of the people. The same can't be said for corporate decisions.

      Sure it can. In order to profit a corporation has to sell goods and services that people want. Of course that's in theory and it doesn't always work that way, but as you correctly note neither are political decisions always made for the good of the people.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    4. Re:Blazing idiocy by Toby+The+Economist · · Score: 1

      > What of the money saved by being allowed to copy a
      > few songs that would otherwise have cost you $50?

      You mean, what of the money you saved by not paying the original artist for their work? interesting question, because that's a distortion of the market too :)

      Don't get me wrong - I'm not saying the way distribution and licensing is current implimented is *right*, it's not, but fundamentally, both from an ethical and practical point of view, people must be paid for the work they do. If they are not, then ethically, it's theft, and practically, everyone else has to pay more because some pay nothing, and in the extreme case, the work can no longer be performed, because the artist makes insufficient money to justify his skills and time working; he must turn to another employment for fair renumeration.

      > Corporate price-fixing has *far* worse
      > consequences than this tax *ever* will.

      I think so too. But what of it? this thread is about this tax, not price-fixing. I could talk about price-fixing if you like :)

      > There is no such thing as an "undistorted"
      > market.

      Whether or not it is possible to achieve a perfect, which is to say, undistorted, market, the fact is that the more perfect the market is, the more efficient is it. Whether or not an absolutely perfect market can be achieved is fairly irrelevent; in all cases, we must strive to make the market as efficient as it can be.

      > Political descisions, at least, are (supposed to
      > be) made in the interests of the people. The
      > same can't be said for corporate decisions.

      Curiously, ironically, what you say is true, but in practise, the inverse becomes true! the free market, the invisible hand, transforms our individual and corporate selfishness into a most effective greater good; but politics is saved by no such mechanism, and the decisions made there, although intended to be in the public good, must always in fact be made in a private good, that of the individual politician making the decision, and that private good is rarely aligned with the public good.

      --
      Callas

    5. Re:Blazing idiocy by node+3 · · Score: 1

      Whether or not it is possible to achieve a perfect, which is to say, undistorted, market, the fact is that the more perfect the market is, the more efficient is it. Whether or not an absolutely perfect market can be achieved is fairly irrelevent; in all cases, we must strive to make the market as efficient as it can be.

      I don't mean this in the "you can't make a perfect circle" way, I mean it in the "you can't make a square circle" way.

      The reason there is no such thing as a free market, is that every market consists of entities trying to modify the market.

      But let's leave it as "free of government influence", which is impossible in the "perfect circle" way. The problem here is that the government is just an actor in a role. If you remove the government's ability to play that role, someone else will. For example, if the government cannot dictate a minimum wage, then Wal-Mart will. You can see this in action with the WTO supplanting government authority, pretending that they are creating a "free market".

      The next iteration of "free market" is one where no one entity is allowed to have "undue" influence on the market. Only a government can enforce this.

      But none of those "free markets" are actually free markets. To call them that causes one to hold as true something that is as impossible as a square circle (two-dimensional on a flat plane, before someone folds the circle to make it *look* square, or something). If you hold, not merely as "possible", but as "ideal" a square circle, you will make choices that not only defy reality, but actually harm society (if you have the power) or yourself at a minimum.

      Curiously, ironically, what you say is true, but in practise, the inverse becomes true! the free market, the invisible hand, transforms our individual and corporate selfishness into a most effective greater good;

      Prove it. You cannot, but I can disprove it.

      The "invisible hand" directly opposes:

      The minimum wage
      40-hour work week
      Safety standards
      Honesty in labeling
      Seat-belts in cars
      Product recalls ... pretty much anything socialistic that betters society.

      but politics is saved by no such mechanism, and the decisions made there, although intended to be in the public good, must always in fact be made in a private good,

      *All* decisions are, if rational, guided by selfish interests. Everything from charity (the selfish, but good, desire to fix hunger, for example), to releasing a product you *know* will kill people, but for a $0.75 part, to a bank robber, to a politician. The difference is what external forces guide their decisions. In the corporate world, PROFIT, and NOTHING else is the key and universal ideal. In politics (in a democratic nation--Democracy, btw, is another thing the invisible hand detests), the will of the people has more influence over politicians than it does over corporations.

      that of the individual politician making the decision, and that private good is rarely aligned with the public good.

      Which is why the powerful *must* be made accountable to the good of the people. I don't mean this in a slavery, "If you are capable, you must provide whatever the incompetent demand" way, but in a, "if you want to make use of the benefits provided by society, you must pay the price," which is usually a tax and a demand for honest dealings and not acting in a destructive manner towards others. That sort of, non-laissez-faire, non-invisible hand, thing.

  25. It could be the booze, but I think I had a thought by Anonymous Coward · · Score: 0

    Get together and have these same kinds of taxes imposed in the US with the same rational written into law. Get a few court decisions legitimizing the downloading of basically everything. Then let the anti-tax crusaders kill the taxes, for the children, or the manufactures, or people who incorporate in tax free Nevada, and giggle like school girls as the xxAA suck on sweaty hairy precedent as they're forced by the market to produce a superior product at reasonable prices. Muwahahaha. Hic. HAhahaha.

  26. Re:Thank god for our capalist govt. by Anonymous Coward · · Score: 2, Insightful

    In America we'd just whine quietly and fork over the extra bucks, like the weak little pussies we are.

  27. Re:Some useful phrases in German by Anonymous Coward · · Score: 0

    I dunno what the gp was trying to do, but his translations were all wrong. Google was closer, although incomprehencable.

  28. Give the corporate carpet-baggers some credit. by Anonymous Coward · · Score: 0

    Those computers installed at supermarkets will no longer be computers. They will be elements of a Point of Sale System. Now a mom and pop "shoppe" they might well be buying a computer. But rest assured Der Wal*Mart will not. This will only impact small businesses, or the children. Now be a good consumer and buy your new laptop in France. Or hell, buy it on a trip to the US. With the way the dollar is crashing, the tax savings may pay for your airfare and hotel.

  29. Taxing crime? by latroM · · Score: 1

    With the EUCD (EU's DMCA) and DRM in place laws of this type don't make any sense.

  30. Re:Thank god for our capalist govt. by Anonymous Coward · · Score: 2, Insightful

    Yeah--exactly like we did when gas prices went up. Oh wait--I guess Europe is where they pay outrageous prices for fuel.

  31. Tax vs Copy prof cd's by future+assassin · · Score: 2, Insightful

    So what happens when a record company release a cd that is "copy proof" in a country that has a media levy? Can the consumers then sue that record company as now they now took your money but are trying to stop you from using your right under law to make copies.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  32. What? they forgot to tax Microsoft by Anonymous Coward · · Score: 0

    Well, Germany forgot to tax Microsoft Window OS, Linux, whatever OS and CD/DVD copy software. Without the OS utilities, software and application program, end user can't actually make a perfect digital duplication.

  33. Re:Some useful phrases in German by Savage650 · · Score: 1
    Sticking these into Google: ... returns incomprehensible results.
    Now for an actual translation:

    Und was haben deine Grosseltern im Krieg gemacht?
    Say, what did your grandparents do in the war?

    Hör auf, so laut in dieser nervigen Sprache zu reden. (note the Umlaut!)
    Stop talking in that annyoing language!

    Willst du Ärger, Grossmaul? (Umlaut again ..)
    You looking for trouble, Loudmouth?

    Dein Schwanz ist so klein, dass es 'ne Maus nicht merkt, wenn du sie fickst
    Your d*ck is so small that a mouse wouldn't notice you f*cking her.

    All in all: not really useful advice.

  34. Re:Not A Rights Issue; Extension of Common Practic by JaredOfEuropa · · Score: 3, Informative
    ...a common European practice to mandate an additional levy on the price of any appliance that can be used to copy copyrighted material.
    The levy is generally not on equipment, but on blank media, which is the fairest way to collect it from a practical standpoint: the equipment is used for many other things besides copying and not everyone engages in that, whereas the blank media are used almost eclusively to store copyrighted content. I'm not sure how the German law is worded... in Holland, the law explicitly names the media to which the levy applies (tapes, cds, dvds).
    Seems to me that an attempt to convince the court that this levy shouldn't be applied would have to include an attack on all the other levies.
    No, courts only deal with the application of law to a particular case, never with the law itself (excluding courts which can throw out unconstitutional laws). If a judge would rule that the levy should not include computers, all the existing levies would still remain legal. And even if a judge finds this article of law so badly worded that a case can be made against all levies of this kind, the legislator would simply change the law so that it again accurately reflects the intent of the legislator. This can and does happen all the time. Even so, any ramificiations outside the case would never be taken into consideration by a judge. If his ruling completely screws up IP taxation, traffic regulations and the movements of the very planets, he'd still pronounce it, if it would be the correct application of the law to the case at hand. Politics doesn't enter into it.

    By the way, if I remember correctly, Canada for one applies the levy also to hard disks (I'm not sure Germany does this). So Canadians already pay the IP tax on their computers.
    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  35. Copyright Tax on PC's... by winchester · · Score: 1

    ... good thing I do all my work on a Mac.

    Now all I need is that stupid CD-R tax to go away...

    1. Re:Copyright Tax on PC's... by remmelt · · Score: 1

      Too bad a mac is still a pc. Or do you practice "Impersonal Computing" on that Macintosh of yours? This does raise another question, though. When and how will the tax be applied to other copmuter manufacturers?

  36. Re:Some useful phrases in German by rifter · · Score: 1

    I don't know German either. But based on your Google translations, they probably mean:
    Sticking these into Google:

    Und was haben deine Grosseltern im Krieg gemacht?
    Isn't it good that our countries are now friends?
    And which your grandparents in the war have made?

    And what did your Grandparents do in the War?

    Hor auf, so laut in dieser nervigen Sprache zu reden.
    I'm sorry, could you repeat that in English.
    Hor up to talk so loud in this nervigen language.

    Hor auf must be an idiomatic expression. As for nervigen, it seems to eitehr mean "stupid" or be a mild curse. Searching for it shows usage to describe spammers, popups, and Windows XP, so it can't be a good thing. Clearly it means something like "you have to speak so loud in this crazy language!" (referring to German).

    Willst du Arger, Grossmaul?
    Can you give me directions?
    Do you want bad one, large muzzle?

    large muzzle should be "Big mouth" .. the rest is pretty obvious.

    Dein Schwanz ist so klein, dass es 'ne Maus nicht merkt, wenn du sie fickst
    Pleased to meet you
    Your tail is so small that it does not notice 'ne mouse, if you it fickst

    "Your dick is so small the mouse doesn't notice when you fuck it." pretty obvious really.


    I'm going to ask my penfriend Hans to make me a copy of his multimedia CD titled 'learning German for English speakers' now he can do it legitimately since he's going to pay the tax!

    Maybe you should ask Hans to look at this. He might be amused. I am going to go out on a limb here and guess that our troll was an english speaker who knows some German and wanted to make a joke. That makes it funny, though, not a troll. If you really said these things to a German it would probably result in a good pranging. If you were lucky you'd get a lesson in language.

    Any Deutchlanders want to correct our ignorance on these fine phrases?

  37. Pay up, but don't you dare make copies! by siljeal · · Score: 4, Interesting

    In Germany you need to pay copyright levies on virtually everything that would be suitable for creating copies, be it on CD/DVD writers, CD-R(W)/DVD-R(W) media, printers, etc. You would think that this copyright levy would entitle you to some fair use, such as private copies of, say, the latest audio cd you bought. And sure enough, even though the very people who get the money would like to abolish any notion of fair use and legal copies for private purposes, you may find that even now you are not allowed to make copies of things you paid for. Way too many audio CDs sold in Germany today have copy protections (I'd rather refer to them as play protections), and by law you may not attempt to overcome these protections, rendering any copy you make an illegal one.

    I think this is really a fine display of greed. Make everyone pay but give nothing in return.

  38. Re:Some useful phrases in German by KDR_11k · · Score: 1

    He was allowed to make that copy even before this tax was even considered.

    And since your translation there is pretty much gibberish:

    1) And what did your grandparents do during the war?
    2) Stop talking that annoying language this loudly.
    3) Want trouble, loudmouth?
    4) Your dick is so small, not even a mouse would notice being fucked by you.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  39. Sure by t_allardyce · · Score: 1

    I'd gladly pay a small tax (1 or 2%) on PCs and CD-Rs if that ment I now had a free pass to copy/download whatever I wanted without fear of being sued. Whats that? they want all our money still?

    --
    This comment does not represent the views or opinions of the user.
  40. Taxing Illegal Things by Anonymous Coward · · Score: 0

    It seems many of you say that if the govt. taxes something the legitimize it. That is not the case, govts often tax illegal things. For example, in around four states in the U.S. you can buy Cocaine or Pot "stamps" to pay the taxes on your illegal sales. And the IRS also goes after ANY income NO MATTER how you earn it.

  41. I think that goes the other way... by Anonymous Coward · · Score: 0

    If a coal company dumps coal slurry on your property, your problem. The fact that it just kills everything and is a significant health risk isn't really something that worries the EPA now that they got rid of their ombudsman. Interestingly, if that coal slurry then destroys your neighbors property, or federal land from your property, you have to pay for the clean up. The Germans, are just nickle and dime'ing people. Our administration actually champions the destruction of people's homes, way of life, communities, and health. It's been a little while since Germany has been on that particular bandwagon as near as I can tell.

    1. Re:I think that goes the other way... by Anonymous Coward · · Score: 0

      You described two parties committing the same act, and told me the second would be punished but the first would not because... um... the first is a corporation? Other than the fact that a coal company can afford better lawyers, how is it that they can dump/spill without adverse consequence but I cannot?

      Moreover the statement is blatently false. Even if the coal company *pays* me for the right to dump on my land, any secondary pollution is their responsibility for the next 30 years.

      So, now that you've had your fun making up complaints about Bush can we go back to talking about why Germany's socialism is dumb?

    2. Re:I think that goes the other way... by Anonymous Coward · · Score: 0

      Oh no. It's happened. The Bush administration got rid of the EPA's office of the ombudsman, and the EPA now advocates for the industry. So it's the government and the corporations against the little guy. It's completely insane. And now par for the course. Things like this have happened all over.

      They buy influence, it's as simple as that.

  42. drugs tax by oliverthered · · Score: 1

    you have to pay tax on coke in North Carolina

    Marijuana stems & stalks that have
    been separated from the plant.

    $.40 for each gram
    or fraction thereof

    More than 42.5 grams

    Marijuana other than
    separated stems and stalks

    $3.50 for each gram
    or fraction thereof

    More than 42.5 grams

    Cocaine

    $50.00 for each gram
    or fraction thereof

    7 or more grams

    Any other controlled substance
    that is sold by weight

    $200.00 for each gram
    or fraction thereof

    7 or more grams

    --
    thank God the internet isn't a human right.
    1. Re:drugs tax by HeghmoH · · Score: 2, Insightful

      That's not the same thing. This would be more like paying a Marijuana Tax on potting soil, because you might use the soil to grow marijuana.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    2. Re:drugs tax by oliverthered · · Score: 1

      It is the same as paying tax for something but not being allowed to use it.

      I pay coke tax and I already pay tax on tinfoil and bi-carb so crack must be ok?

      --
      thank God the internet isn't a human right.
    3. Re:drugs tax by Anonymous Coward · · Score: 0

      Of course you are going use the potting soil to grow pot!

    4. Re:drugs tax by Anonymous Coward · · Score: 0

      Its not the same thing. There is a difference in causation. It'd be "I pay a tax on tinfoil and bi-carb, and I pay a tax for the potential that I might have coke, so it's okay." The drug tax is if you are found to be possessing something that is illegal. The computer levy is for the chance that you might do something illegal. It'd be me taxing that razorblade and lighter you just bought under the coke tax, because you might use them with coke.

    5. Re:drugs tax by oliverthered · · Score: 1

      I'm being charged for something I'm not allowed to do. If you look at the drugs tax law, if you are caught with drugs that don't have a tax stamp your fined, which means you 'must' by the stamps before you bug the drugs, or make moonshine, or mix some spirits.

      The UK government is looking at forcing people to pay for ID cards, which is also similar. There taxing you on the presumption that you may do something wrong, but just because you've paid for them to catch you, it doesn't mean that they have to let you go.

      Tax != purchase.

      --
      thank God the internet isn't a human right.
  43. Re:Not A Rights Issue; Extension of Common Practic by seraphina · · Score: 1

    Levying a tax on blank media is not the fairest way to collect such a fee (if such a fee has to exist at all). I have never used a blank DVD or CD for storage of copyrighted material - I use such media for backups or for the transfer of my work between machines.

    I suggest you get out into the real world, and not just teenagers' bedrooms, before you make pronouncements about what content is stored on recordable media. No doubt many people use recordable media for storing copyrighted material but this is by no means their only use.

  44. Canada was here... by whoopass · · Score: 3, Informative

    In Canada, there has been a copyright tax on blank CDs and on MP3 players. Well the supreme court of Canada just ruled these to be unconstitutional in Canada. Though the court has yet to rule on remidies, it is widely expected that refunds of the levy should be forthcoming. Hence statements in the press of late, that if you should decide to buy a media player in Canada, keep your receipt.

    1. Re:Canada was here... by Zork+the+Almighty · · Score: 2, Insightful

      Not unconstitutional. A federal court found that MP3 players were not "blank media" as specified by the law. It is a technicality.

      --

      In Soviet America the banks rob you!
  45. Re:Thank god for our capalist govt. by mrjb · · Score: 2, Insightful

    You'd do what you already do now too: assemble your PC from spare parts.

    --
    Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
  46. I agree.... by Anonymous Coward · · Score: 0

    As an aspiring soccer hooligan I need a phonetic presentation of the phrases.

    1. Re:I agree.... by Bambi+Dee · · Score: 1
      As an aspiring soccer hooligan I need a phonetic presentation of the phrases.

      Oont vuss hahbn die-neh eltun im kreeg geh-makht?
      Vilst doo er-gah, grose-mowl?
      Hur owf, zoe lout in dee-zah nair-feegn shpra-khe tsu rehdn!
      Dine shvants ist zoe kline, duss es neh mouse nikht merkt, venn doo zee fixt!

      Not sure how you plan to pronounce any of that once you're out of teeth, but, eh, good luck..

    2. Re:I agree.... by sosume · · Score: 1

      As an aspiring soccer hooligan I need a phonetic presentation of the phrases.

      pronounce a 'g' as a 'k' or make a throat scraping sound
      a 'r' must be rolling 'rrr'
      an 'a' is usually pronounced as in 'what' opposed to american where its usually as in 'ranch'

      Und was haben deine Grosseltern im Krieg gemacht? - Isn't it good that our countries are now friends?
      Ooned vaahs haa-bin dyne k-ros el-terr-ne ime K-rieg ke-maa-gt?

      Hör auf, so laut in dieser nervigen Sprache zu reden. (note the Umlaut!) - I'm sorry, could you repeat that in English.

      Heurr owfe, so lowte in dees-rr ne-rr-vi-gen sp-rra-gge tzuh rraid-uhn

      Willst du Ärger, Grossmaul? Can you give me directions?
      Ville-st doo eer-gur, Grosssmaule?

      Dein Schwanz ist so klein, dass es 'ne Maus nicht merkt, wenn du sie fickst Pleased to meet you

      Dyne Shwaahn-ts (a as in what) eest so klein daass (a as in apocalyps) s nuh mau-hs nea-cht merket when doo si fixt?

  47. Obviously you are too young and stupid to... by Cryofan · · Score: 0

    ....know what is good for you, but take the advice of an older person (who was once just as young and stupid as you), and think about what you are saying. Maybe someday you will need some help from your government, and they will be able to help you because of the money they received from the Dog Tax (or some other tax).

    Think about it!

    --
    eat shiat and bark at the moon
    1. Re:Obviously you are too young and stupid to... by CajunArson · · Score: 1

      Uh huh... I just hope his skin color is correct and that he doesn't commit any cardinal sins like trying to work for a living. I've noticed that most people who really are getting the good stuff from govt. are usually the ones who made a point of being too good to do any work like the rest of us 'evil people' who actually pay the taxes.

      --
      AntiFA: An abbreviation for Anti First Amendment.
    2. Re:Obviously you are too young and stupid to... by Monte · · Score: 3, Insightful

      Sounds like a wonderful little protection racket. You pay into the syndicate^wsystem so in the off chance something "bad" bappens to you, you can get help.

      And refusing to pay for this "insurance" will no doubt greatly increase the odds of something "bad" happening to you.

      Where can I get a piece of this action?

    3. Re:Obviously you are too young and stupid to... by Joules+Burn · · Score: 1
      Perhaps if you had been able to keep your money and use/invest it wisely, you then would not have to turn around and beg for and get pitiful amounts of help from the people who took it from you in the first place.

      I'm not really opposed to that type of pool, as long as it's by the people(all) for the people(all), for food, clothing, shelter and medical, only. This is merely by the government for the entertainment industry. Entertainment is not a basic necessity and I should not be required to supply it for others.

      I don't believe this money will ever go into any pool that will in any way help anyone outside the industry now or in the future. It's just government enforced extortion. This is an industry I have personally chosen to not support and I resent it when the government forces me to. I don't dl(or buy) movies or music and I don't make them available to others either.

      All a tax like this does is allow a lazy assed industry that's full of itself to collect money it never earned, from people who have nothing to do with them, thus elevating the corporation to near government status, or better, since they are not responsible to those from which they take.

      I'd be more in favor of taxing the **AAs and their ilk and sending the money to poor ISPs whose networks are being bogged down by all this crap. We could call it a "Free advertising/distribution tax, er I mean levy" or such. I wonder if the entertainment industry would consider THAT to be fair.

      ps: I am, neither young, nor stupid, and smart enough to know that age does not necessarily imply intelligence or wisdom.

    4. Re:Obviously you are too young and stupid to... by bob+beta · · Score: 1

      Why did you post all that musty old class-war drivel here?

      Shouldn't you be out selling your newspaper?

    5. Re:Obviously you are too young and stupid to... by Dun+Malg · · Score: 1
      Why did you post all that musty old class-war drivel here?

      Shouldn't you be out selling your newspaper?

      Actually he should be out trying to give it away for free. After all, everything should be free and property is theft! Seize the means of production!....or something....

      --
      If a job's not worth doing, it's not worth doing right.
    6. Re:Obviously you are too young and stupid to... by Cryofan · · Score: 1

      spoken with all the thoughtless and reactionary zeal of one who has been well programmed with all the proper slogans!

      --
      eat shiat and bark at the moon
    7. Re:Obviously you are too young and stupid to... by JPelorat · · Score: 1

      ...says the fool who thinks "Escaping the Matrix" is clever, witty, and thought-provoking.

      --
      Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
    8. Re:Obviously you are too young and stupid to... by Brandybuck · · Score: 1

      Translation: Take the advice of an old person and pay the Mafia when they send Guido around to your shop for protection money. If you don't pay organized crime what they demand, then something bad will happen to your kneecaps and the Mafia won't be there to pay your medical bills.

      --
      Don't blame me, I didn't vote for either of them!
    9. Re:Obviously you are too young and stupid to... by macshit · · Score: 1

      Maybe in 20 years you will be mooching off of someone who is mooching off of you now.

      Ha ha, that's how I figure things, though on a personal/family level rather than involving the government: I'm very generous about giving and allowing myself to be mooched off of, but if worse comes to worst, guess who's gonna be on your doorstep...

      Gee, I hope it works...

      [I wish I could in some way depend on the government too, for assistance in dire circumstances, but I don't live in a country where that happens. I happily pay my taxes, on the off chance it helps, though I suppose they're pretty much directly funneled into Haliburton these days....]

      --
      We live, as we dream -- alone....
  48. Me, too! I LUV Sticking it to the Man! by Cryofan · · Score: 1

    Same reason I love the hacked version of kazaa!

    --
    eat shiat and bark at the moon
  49. No no no by Wrexs0ul · · Score: 1

    You can't offer the stuff, that's the quirky point about copying. Just like up here in Canada I can't lend you a CD to copy, but if I accidentally leave it at your place and you make a replica for personal use there's aboslutely nothing wrong with it.

    Funny, while it's a sad precedent saying that by buying a computer I intend to infringe on the copyright of others it really just makes me feel less bad for recording industries and their fight for protection. ...now if that money could be sent straight to artists... yadda-yadda... you get it.

    -Matt

    --
    --- Need web hosting?
    1. Re:No no no by Pseudonym · · Score: 1
      You can't offer the stuff, that's the quirky point about copying.

      That's true as far as it goes, however under the scheme imposed by the German court, you may be able to argue successfully that offering copies is okay. Under legal systems based on British common law (which, admittedly, the German system isn't), you may be able to argue that there is an implied agreement that a certain amount of "piracy", limited by the licence fees paid, is legal. After all, there was an exchange of consideration. If you limit the amount of "piracy" to the value of the licence in another venue (e.g. via iTunes), then it would be hard to argue (from the *AA's point of view) that the copying was excessive.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    2. Re:No no no by Yokaze · · Score: 2, Informative

      > you may be able to argue that there is an implied agreement

      No, there is no implied agreement. There is an explicit agreement on which this tax is based.

      Article 53 defines what kind of copying is allowed. Article 54 says there should be a compensation for it.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
  50. Seperation of powers? by Belisarivs · · Score: 2, Interesting

    I realize that Germany isn't America, and doesn't have their government setup the same way, but I thought most modern forms of government had the concept of seperation of powers, that some sort of legislative body makes the laws and the judicial system rules on disputes over those laws.

    I'm surprised that people aren't more upset by the fact that you had here a court creating law. While on the face of it I think the ruling is bogus, I'd be a little bit more upset that judiciary just created a new tax, something that is clearly the job of a legislative body. They've basically usurped the process by which a law is passed, and all the checks and balances built into the system.

    1. Re:Seperation of powers? by rxmd · · Score: 2, Informative
      I'm surprised that people aren't more upset by the fact that you had here a court creating law.
      It isn't. It just says that the already existing mandatory compensation fee on Xerox machines (and the like) also extends to PCs. The fee was established to compensate content creators for the copying (of written content) that is allowed under the German Fair Use law. I think it's a bit ridiculous to apply this to computers, but obviously the court thought otherwise.
      While on the face of it I think the ruling is bogus, I'd be a little bit more upset that judiciary just created a new tax, something that is clearly the job of a legislative body.
      No. First, it's not a tax (that goes to the state), it's a fee (that goes to a separate body that redistributes it to content creators). Second, the fee isn't new, it already existed; the court only decided whether it also applied to computers or not.
      that some sort of legislative body makes the laws and the judicial system rules on disputes over those laws.
      This is exactly what happened.
      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    2. Re:Seperation of powers? by Anonymous Coward · · Score: 0

      The court has not made a new law; it ruled that an existing law applies to the case in question.

      If you are in fact worried about the concept of separation of powers there seems to be much more cause for worries in the current US than in Germany.

      Oh, by the way: learn to spell. It pays off in the long run.

  51. In other headlines... by zoward · · Score: 3, Insightful

    Since they can't seem to capture Whitey Bulger, the FBI has decideed to throw all US citizens in jail for three days instead.

    --
    "Can't you see that everyone is buying station wagons?"
  52. in related news by munehiro · · Score: 2, Insightful

    a 100$ tax is imposed on every vehicle to gather the uncatched speed limit violations.

    --
    -- "If A equals success, then the formula is A=X+Y+Z. X is work. Y is play. Z is keep your mouth shut." - Einstein
  53. No CD tax yet... by Anonymous Coward · · Score: 0

    That's why I, occupant of the Netherlands, still order DVD's/CD's by the hundreds from Germany for half the price (12 euro for 50 cd's instead of 25 euro....)!

    1. Re:No CD tax yet... by Anonymous Coward · · Score: 0

      Occupant of the Netherlands order in Germany...figures

  54. I am in favor of this only if by jonwil · · Score: 1

    I (as someone who holds the copyright to a bunch of things) can get my share of the money to compensate me for any illegal copies of MY copyrighted material out there.

  55. Re:Play the Insult Game! by Anonymous Coward · · Score: 0

    yeah, you're right.. nothing new to see here, just the same old imaginary statistics....

    "55% of blank CD's sold in Germany are for piracy" And just how the hell did someone arrive at these figures? I'll tell you how - they made them up out of thin air because they wanted to have a sob story for the court..

    Any organisation that tries to use statistics that could never be collected, let alone verified, should never be trusted again.

    Oh wait, Record compaines, like we trusted them so well anyway..

  56. I will complain by Kjella · · Score: 1

    So yes, you have to pay the levy, but you are also allowed to make non-commercial copies of books / magazines etc because of that. Stop complaining.

    The problem of taxing a general purpose computer is that you must tax every possible use. One tax for books/magazines, another for music, a third for photographs, a fourth for movies, a fifth for applications, a sixth for games, a seventh for pr0n and so on and so on. Wasn't there supposed to be a TV tax on LCDs now too (even those without tuner?)

    If you have to pay a tax for everything the computer could do, the price would be nothing like what it is today. On this machine I *could* store 2-3% of the library of congress. Does this give me permission to do that? Is that fair? Someone else might not give a f*ck and never have a single book, and yet pay the same. Is that fair? I don't think it is fair to tax a computer based on the capabilities it has. Do you?

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:I will complain by Anonymous Coward · · Score: 0

      Don't expect a response. He is like the ugly American who thinks his government can do no wrong.

  57. Re:Some useful phrases in German by Bambi+Dee · · Score: 1

    Hor auf, so laut in dieser nervigen Sprache zu reden.
    Stop talking so loudly in this annoying language.
    ("nervig" as in "getting on your nerves")

    Willst du Arger, Grossmaul?
    Looking for ("do you want") trouble, big mouth?

    It's actually "Hör" and "Ärger" ("Arger" would be "worse", comparative form of "arg". "Hor" isn't a word in German; at least none that I'm aware of it.)

    Any Deutchlanders want to correct our ignorance on these fine phrases?
    Deutschländers ;) - though I think that term denotes the "Germany-born" children of Turkish immigrants.

  58. Fundraising by RealBorg · · Score: 1

    I guess the "VG Wort" is raising their funds in order to catch up with the legal action already going on with music and movies. Pay the tax so we can sue you for what you have already paid the tax for.

  59. So "fair use" doesn't exist in Germany? by Anonymous Coward · · Score: 0

    And who the hell makes copies of whole books, anyway.

  60. What rights do the PC users get ? by Quiberon · · Score: 1
    This is going to be real interesting. DVD copying ? Download hosting ?

    Also, if I'm a German, and I use my PC to copy some of my daughter's piano playing, does she get a share of the levy ? Does it depend on whether she is a famous pianist ?

    1. Re:What rights do the PC users get ? by Anonymous Coward · · Score: 0

      The VG Wort pays money to those who have *officially published* something *written*.

  61. European community / workaround by regis.c · · Score: 2, Interesting

    Here in france we have the right of "Private copy" but since 1-2 years we have a tax on every kind of media allowing storage of music (CD/DVD, HardDisk, FloppyDisk, Memory Cards, ...) The reason is a compensation of the loose of profit generated by the "private copy" right allowed by law.

    Actually European Laws permit us to buy these taxed stuff elsewhere in Europe without paying the french tax if and only if the equivalent tax is paid by the provider in his country. The point is that German people can buy their computer in another country to bypass the tax as french people can buy their blank media in Germany or England where there's less or no tax on blank media

    --
    Regis C
  62. Re:Not A Rights Issue; Extension of Common Practic by Anonymous Coward · · Score: 0

    ...whereas the blank media are used almost exclusively to store copyrighted content.

    You confuse two kinds of copyrighted "content", one is available for copying (like GNU stuff) and other isn't (the new Hollywood movies)

  63. Huge levies in Finland by SigNick · · Score: 3, Informative

    Not a small part. It's about 40% of the retail price.

    Teosto also collects over 1 euro for every DVD-+R(W) disc. As a result a pack of 50 no-brand discs costs 129 euros here versus 25 euros when ordered from Estonia INCLUDING shipping. However, importing CDs and DVDs without paying the levies is illegal and carries insane penalties (fines over 20 euros for a single disc and even jail time).

    And no, you can't legally download or copy CDs nor DVDs even though you have to pay the levies - there's absolutely NO way for a non-corporation to avoid paying the levy other than ordering from abroad, but like I said before that's illegal.

    The reason for this insanity is partly the fact that the majority of Finns continue to vote for the same celebrities year after year, even after they raised their own already mind-boggling salaries by 60% and lowered their retirement age to 45 years while the country was suffering from record-high unemployment and new lay-offs were announced every week.

    As my personal opinion I think only those with higher education should be allowed to vote and all goverment officials should not be paid more than the average salary.

    --
    Capitalization is the difference between "Helping your uncle jack off a horse" and "Helping your uncle Jack off a horse"
    1. Re:Huge levies in Finland by barronVonBackstabber · · Score: 1

      Jeeez, that's expensive, I just paid roughly 6 Euros for 25 blank DVD-Rs here in the UK, but then again we don't have any stupid blank media tax. We do have lots of other stupid taxes tho.

    2. Re:Huge levies in Finland by Omestes · · Score: 1

      As my personal opinion I think only those with higher education should be allowed to vote and all goverment officials should not be paid more than the average salary.

      HERE HERE! Democracy is drastically overrated. Democracy = tyrany of the masses. I don't think that higher education really should be the criteria though, since I know people with a degree who are still morons, and people who are antischool with very worthy and educated opinions. I think there should be a test for a "voting license", testing knowledge of the countries political system, current events, and various politcal POVs. Ideally, though human nature is against this, you should be forced to back up your vote, intelligently. Like have a "reason" area after every ballot item.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    3. Re:Huge levies in Finland by vsprintf · · Score: 1

      HERE HERE!

      That woud be "Hear hear," as in _listen to that_.

      I think there should be a test for a "voting license", testing knowledge of the countries political system, current events, and various politcal POVs. Ideally, though human nature is against this, you should be forced to back up your vote, intelligently. Like have a "reason" area after every ballot item.

      While that has some appeal, you can't put limits on suffrage that aren't inherent, e.g., citizenship. Nor can you grade a vote or a person's POV. Most of the uniformed voters could be eliminated by getting rid of things like motor-voter and other programs that push people into voting when they aren't really interested. Then only people with the basic competence and motivation to register would be able to vote. Driving is a privilege (so you can be tested), voting is a right. I doubt you'd really like to live in a society where voting is a privilege, especially if you weren't one of the favored minority.

    4. Re:Huge levies in Finland by Omestes · · Score: 1

      The point is, I would rather live in a society free from the tyranny of the masses. If there was some way of keeping the uninformed from being allowed to vote on issues that they have no clue about, or issues to complicated for them. Now ideally this could be achieved by having actual educated voters, but I think that that is a long shot, especially when some countries have a culture of ignorance and/or apathy.

      Besides, all of this is pointless philosophizing, it will never happen, and it's positive effects, as you pointed out, are purely hypothetical, since leaves to many doors open to other, and more drastic, forms of tyranny.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
  64. VG Wort doesn't pay much to copyright holders by Get+Behind+the+Mule · · Score: 4, Informative

    I can add some perspective as someone who has received funds from VG Wort, because after all, this is all about people like me, right? The whole point is to protect the rights of copyright holders and ensure that they are adequately compensated for their work. So is it really worth it?

    I co-authored some long-since-forgotten academic articles and a book back in my days as a graduate student. The articles appeared in some conference proceedings, and the book, as well as a couple of the articels, were published in the Lecture Notes series of the Springer Verlag. So my name got put on a list somewhere, and every year for about three or four years, a check from VG Wort came in the mail.

    To put it briefly, I could have just as well done without it. I don't know how they determined how much money was dispersed to each individual, it was based on some formula that I never bothered to try to understand. At any rate, it was nothing to get rich on, maybe about a hundred marks or so if I remember correctly (this was back before the Euro). About enough to take a girl out on a nice dinner date, once a year. Which of course is nothing to sneeze at, especially if you're a student hustling to make ends meet and struggling for ways to impress a girl. But I could have just as well managed without it. (If she's worth it, you always find a way, you know; and one nice dinner in a year won't get you very far.)

    More prolific authors get more money from VG Wort, since the money is based on how much you've published. But I doubt that the cash from VG Wort makes a whole lot of difference to people who make their living as authors; they have to get the vast part of their income by other means.

    So if this is the benefit to society that is to be gained by making everyone pay an extra 12 Euros for each PC, I think it's obvious that we can just as well pass it up. Aside from all the philosophical debates about copyright law and whether it's fair and just to pay creators of content this way, the practical effects of the scheme are just not very significant. Why put this added burden on the buyers of PCs just so some student can take someone out once a year? It's better for everyone, economically and socially, to keep the prices of computer hardware down than to extend this meager benefit to copyright holders.

    1. Re:VG Wort doesn't pay much to copyright holders by siljeal · · Score: 1

      Oh, I was wondering how much the VG Wort actually pays. I mean, to some degree such a system makes sense. A library buys a copier so that people can get excerpts from books to take home with them. The VG Wort gets a share of the copier's price and distributes it among people who published articles and books and thus could be affected. Sure, it's not exactly substantial, but the money from the VG Wort usually isn't supposed to be the main income anyway. It's meant to make up for 'damages' from copying your articles.

      But what we're seeing is a trend where the copyright holders would like to excuse any notion of a legal private copy and fair use. They want you to buy the latest Britney Spears song not just once but for every device you want to to play them. So one for your home Hi-Fi, one for the car CD-player, one ringtone for your mobile and finally one for your iPod. This is understandable from their point of view, but you can get only so greedy before customers begin to realize you're trying to milk them in an undue manner. So let's hope the politicians listen less to the DRM/content-lobbies and a bit more to consumers' rights groups.

    2. Re:VG Wort doesn't pay much to copyright holders by andrewla · · Score: 1

      What percentage do they pay open source authors ? This could be a good thing for them.

  65. How do I get my share of the money? by Andy_R · · Score: 1

    I make music, how do I get my share of the cash? Oh, let me guess, just like Canada, the money won't actually go to copyright holders at all, especially ones not living in Gemany

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  66. German scanners and printers are slower by jeti · · Score: 3, Informative

    The VG Wort is also the reason why scanners, printers and copy machines often are slower in Germany than in the rest of the world.
    The VG Wort gets a fee based on the throughput of these machines. To lower this fee, many devices sold in Germany are (or were?) sold with reduced speed.
    Sometimes you could speed up peripherals by installing english drivers.

    1. Re:German scanners and printers are slower by DigiShaman · · Score: 1

      Lets just ban the printing press while were at it. Oh ya, that was already tried before. I almost forgot.

      And here I though learning history in school was a waste of time. Damn... how things change.

      --
      Life is not for the lazy.
  67. Only 12 bucks ... by Anonymous Coward · · Score: 0
    Only 12 bucks for the manufacturer not to be held responsible for the provenance of the software preinstalled on the machine ?

    Cheap at the price. Book me my ticket to Germany now !

  68. Re:Some useful phrases in German by Sweetshark · · Score: 1

    Deutschländers ;) - though I think that term denotes the "Germany-born" children of Turkish immigrants.
    No. Deutschländer are a brand of sausage with a very cheesy commercial with WASPs singing patriotically "Deutschlander Würstchen ... nach bester deutscher Art ..." - you get the picture. http://www.songtexte24.de/songtext-Meica---Deutsch laender-179068.html
    Also producer Meica claimed in the commercial that the sausage has "the best of all kind of german sausage: blurb like Wieners, blurb like Bockwürste and blurb like Frankfurters". If you take a look at the map you will see that Wien is not part of germany. And the only time it was, was in the late 1930s till the early 1940s. Not a good time to make commercials with.
    http://www.fragenohneantwort.de/fragen/frage77.htm

  69. Re:Some useful phrases in German by Bambi+Dee · · Score: 1

    So they're called "Wiener" in Germany and "Frankfurter" in Austria? Heh. Anyway, I seem to have been kinda right as well: "Deutschländer" is the term for Turks who return to their native country after spending decades living in Germany, according to this page.

  70. So now... by SharpFang · · Score: 1

    ...since the copyright fee is deducted with price of the computers, this should make copying copyrighted data from P2P legal? After all I paid 12EUR for it. One-time fee for clearance to download any amount of copyrighted data, sounds fine to me.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  71. Re:Some useful phrases in German by Anonymous Coward · · Score: 0

    http://www.songtexte24.de/songtext-Meica---Deutsch laender-179068.html

    LOL!

    Knackig, würzig, zart, nach bester deutscher Art.
    Snappy, Sausagelike, Delicious to german standards
    Ja, das sind Deutschländer Würstchen, Deutschländer Würstchen.
    Yes, those are germany's sausages, german sausages
    Das Würstchen mit dem Knack, es lebe der Geschmack.
    The sausages with the snap, the life of taste
    Ja, das sind Deutschländer Würstchen, Deutschländer Würstchen.
    Yes, those are germany's sausages, german sausages

    Knackig, würzig, zart, von Meica.
    Snappy, sausagelike, delicious, from meica
    -Meica macht das Würstchen!-

  72. Licence to copy? by nurb432 · · Score: 1

    Well, if i have paid my 'copyright tax', then I'm free to copy what ever the hell i want ( for non-profit of course.. ). I've paid for that right.

    F-em.

    --
    ---- Booth was a patriot ----
    1. Re:Licence to copy? by RealBorg · · Score: 1

      Of course not, you have to pay and shut up, there are severe penalties for circumventing copy protection mechanisms.

    2. Re:Licence to copy? by nurb432 · · Score: 1

      What that was mostly tongue in cheek, I guarantee that would be ( is ) my personal attitude.

      --
      ---- Booth was a patriot ----
  73. That's how they got Al Capone by Anonymous Coward · · Score: 0
    He didn't pay taxes on the income from illegal activities.

    The law does not submit to rational analysis.

  74. Political Power? Try Corporate Power by nurb432 · · Score: 1

    Remember this is being driven by media corporations.. the fact they have that much power should really scare the hell out of everyone.

    The fact that a government taxes anything that moves, well thats typical.

    --
    ---- Booth was a patriot ----
  75. Temporary taxes by Anonymous Coward · · Score: 0

    In Omaha Nebraska, the city council adopted an emergency, one-time, one-year only $1 "road" tax. Thirty years later, it is now $28 (last time I checked) and is supposed to be paid by anyone who lives in Omaha, as well as anyone who works or goes to school in Omaha.

    When challenged about the continuation of the tax, councilmen have rationalized it with explanations that include comments like "if you people didn't need so many programs, we could get rid of it."

  76. Majority Report by Doc+Ruby · · Score: 1

    In other news, new pens will include a 2% copyright tax. Pads of paper will include a further 2% tax, while packets of A4/8.5x11", used in photocopiers and laser printers, will include a 5% tax.

    In a radical attack on the roots of copyright theft, literacy education will now charge a 5% tax, on estimated future earnings, scaled to performance on standardized tests. An experimental tax per alphabet letter is being studied.

    "People who steal copyrighted work have to pay their way, whether they steal it or not. Statistics don't lie, and we've got our duty to protect the public. Disney movies don't come from thin air, and we've got to protect this essential economic resource", said the unnamed spokesperson for the Global Recording Industry Network.

    --

    --
    make install -not war

  77. Re:You can copy more than that by Anonymous Coward · · Score: 0

    In Sweden, you can actually copy entire books for personal use. Copy shops here in Gothenburg advertise to students about making full copies of, for example, library books. My friend does it all the time.

    The restricted fair use applies to how much you can copy and distribute to others, such as in a classroom.

  78. This makes sense, this is good, stop ranting by Nice2Cats · · Score: 3, Informative
    If the Americans here could stop foaming at the mouth for a few minutes and listen to what the Germans here are trying to tell them they would realize that this not only makes complete sense, but also shows how much more sane the German system is.

    The important legal difference is that private copies are legal in Germany. Again: In Germany, I can take a DVD, CD, video, whatever, and rip a copy for my own private use. Of course, if I start distributing that copy or screen it in a public place etc. they get to throw the book at me, and will do so very, very hard.

    This Recht auf eine Privatkopie is something German consumer groups have been fighting tooth and nail to keep in he face of massive industry pressure to adopt an American-style "sorry sucker, you can't do jack" system. On the long run, this new ruling will actually work for the consumer, because it weaves the right to a private copy tighter into the greater legal fabric. Now, when I buy a computer, I have paid for that private copy, so industry can just go shove a bratwurst up their Po, with mustard. Or they can try to get the VG Wort system changed -- and good luck with that, because it touches just about every scrap of printed matter in Germany, from newspapers to pornographic novels.

    All the talk here about "guilty until proven innocent" is pure crap by people who haven't taken the time to read the background kindly provided by the Germans on the list and should be modded down as ranting, if not German-bashing.

    As somebody who has lived in Germany for a while let me say that German law for the most part is a very sane, logical, and balanced system that almost across the board is superior to the 18th Century money-comes-first atavism that the U.S. is forced to suffer through. The SCO case proved this quite well: German courts took about a week to bitch-slap Darl's minions back into the real world, while, what is it now, years? later IBM and RedHat are still forced to pour millions into legal fees.

    1. Re:This makes sense, this is good, stop ranting by The+Cisco+Kid · · Score: 2, Interesting

      As fine as all that may be, why should you have to *pay* for the right to make a backup copy of something you have *already* paid for? It sounds like the pretense is 'we know you are going to give a copy to someone else, depriving us of our deserved right to make each and every 'consumer' with a breath to pay us for a copy of our work, so we think you should pay us ahead of time for doing so, and without us even having to take the effort to suggest that you have or might do so'..

      A charge such as this *assumes* that every person that owns a PC is going to use it to make copies (legal, private, or not) of media to which they do not own the copyright, *and* that their is some obligation on their part to pre-compensate those who would claim damages as a result. Neither of those is true in any sane society.

    2. Re:This makes sense, this is good, stop ranting by sploxx · · Score: 3, Interesting

      [...] Recht auf eine Privatkopie [...]
      [...]
      [...] As somebody who has lived in Germany [...]

      How long ago did you left? In the meantime, things got worse regarding copyrights... you know, corruption by lobbies, masked as 'international pressure', 'germany has to stay competitive' (wtf!) etc...

      The right to a 'Privatkopie' only exists on paper now. The new copyright law implemented a few years ago specifically forbids cracking copy ''protections''. What if you want to make an allowed copy of such media?

      Germany's attorney general Brigitte Zypries said that there is no right to personal copies in copyright law ("Das Urheberrecht kennt kein Recht auf Privatkopie", see e.g. this German c't computer magazine article).

      IMHO, such laws show how corrupt our goverment became.
      Interesting opininions on slashdot (comparing copyright violation to drugs and to rape) let me strongly suspect, as another poster in a previous thread said very well: 'meme injection by *AA astroturfing agents'.

    3. Re:This makes sense, this is good, stop ranting by the+eric+conspiracy · · Score: 2, Insightful

      The important legal difference is that private copies are legal in Germany.

      I would be more impressed with your rant if you knew your facts a bit better. The fact is that there are also similar rights in the US. It is known here as 'fair use'.

      is superior to the 18th Century money-comes-first atavism that the U.S.

      This seems to fly in the face of this recent decision to pre-tax Siemans to benefit copyright holders based on the assumption that everyone buyig a PC is copyright violater.


      German courts took about a week to bitch-slap Darl's minions back into the real world


      Really? I didn't think that SCO sued anyone in Germany. The only information I have seen regarding SCO in Germany is that they have been enjoined from making claims regarding copyright violations without revealing more about the factual basis of the claims. While perhaps this is a positive in a case like SCO, it seems to me to be an indication that free-speach rights are pretty weak in Germany.

    4. Re:This makes sense, this is good, stop ranting by kryptkpr · · Score: 1

      The only information I have seen regarding SCO in Germany is that they have been enjoined from making claims regarding copyright violations without revealing more about the factual basis of the claims. While perhaps this is a positive in a case like SCO, it seems to me to be an indication that free-speach rights are pretty weak in Germany.

      Please.. "Free speech" does not include the right to make allogations (with no factual basis) for the purposes of spreading FUD. The judge in Germany saw through their scheme, and told them to cram it up their cramhole.

      --
      DJ kRYPT's Free MP3s!
    5. Re:This makes sense, this is good, stop ranting by AlXtreme · · Score: 1
      Copyright-charges like this already are already common for certain writable media throughout Europe. Over here in Holland we pay 10 eurocents for every blank CD and 25 eurocents for every blank DVD we buy, even if said media is used for backing up your own data. Similar rates apply for MP3-media. Germany now has taken the next step.

      These charges are 100% nuts. Next thing we'll be paying 'copyright tax' for cable TV and electricity, as they 'facilitate copyright infringements'. What it does accomplish is that our RIAA-counterparts get loads of cash and still complain about diminishing revenues. I say they can suck it, I'll keep importing my stuff from outside the EU untill they drop these crazy laws.

      --
      This sig is intentionally left blank
    6. Re:This makes sense, this is good, stop ranting by DigiShaman · · Score: 1

      Nice2Cats just wants Germany to prop up a failing business model with THEIR tax dollars. Sound utterly retarded to me.

      Ya, this is flamebait. But can you really argue the insanity of this ruleing?

      --
      Life is not for the lazy.
    7. Re:This makes sense, this is good, stop ranting by Anonymous Coward · · Score: 1, Insightful

      If the Americans here could stop foaming at the mouth for a few minutes and listen to what the Germans here are trying to tell them they would realize that this not only makes complete sense, but also shows how much more sane the German system is.

      If a German company buys a thousand computers for office work, why should they be forced by the government to subsidise the already very lucrative music industry? Despite your claims to the contrary, that makes no sense whatsoever.

      If I write and record a song independently, how do I go about claiming my money from computer sales in Germany? I'm not German and don't have a record contract with a major label. But if my song is being copied, I should be able to get something, shouldn't I? Why should the German government help one organisation in particular?

      If copying is illegal, and these record companies feel they are being harmed, they already have a response - sue the people doing it. That is the correct response. Something illegal -> stop the illegal actions. Not something illegal -> take money off one industry and give to another.

    8. Re:This makes sense, this is good, stop ranting by cpghost · · Score: 1

      You can try to import stuff from outside the EU, but beware of customs. They are getting excessively aggressive nowadays...

      --
      cpghost at Cordula's Web.
    9. Re:This makes sense, this is good, stop ranting by the+eric+conspiracy · · Score: 1

      PLease. "Free speech" does not include the right to make allogations (with no factual basis) for the purposes of spreading FUD.

      Please yourself. In the US free speech is limited only in the sense that your speech leads to the actual commision of a crime.

      What you are describing as a limitation on free speech in Germany is EXTREMELY scary. A court can take away your right to say something just because you can't show factual evidence to back it up? There can be a million reasons why you don't have this evidence.

    10. Re:This makes sense, this is good, stop ranting by Anonymous Coward · · Score: 0

      The right to a 'Privatkopie' only exists on paper now. The new copyright law implemented a few years ago specifically forbids cracking copy ''protections''.

      This is the same kind of rant previous poster was complaining about. If you had read the article you were linking to, especially the bottom paragraphs, you would have understood that:

      * the right to a Privatkopie maintains and will not be abandoned
      * the conflict which arises from copy prevention systems is currently under discussion and will be resolved one way or the other, while still maintaining the right to a Privatkopie.

      If you think that isn't enough why not join an organization defending civic rights instead of indifferentially complaining about corruptness and spreading conspiracy theories.

    11. Re:This makes sense, this is good, stop ranting by Anonymous Coward · · Score: 0

      Stupid Tuetonic Twats. This from a group of people that have started 2 world wars, because they used logic to conclude they know it all and everbody else should be under their boot or die.

      Germans know how to make cars, that's it! Watch out for the Copyright Nazi's

      Peace!

    12. Re:This makes sense, this is good, stop ranting by RealBorg · · Score: 1

      Right now we have copy preventions systems, servere penalties for attempting to circumvent them and the government is NOT working on a solution for this problem.

    13. Re:This makes sense, this is good, stop ranting by psyon1 · · Score: 1

      So why not put a 5% levy on the copyrighted material when it is purchased/licensed? If I backup my documents or code to a blank cd, there is absolutly no reason for anyone to get a cent for it (aside from the manufacturer of the disc that I already paid).

    14. Re:This makes sense, this is good, stop ranting by CustomFort · · Score: 1

      The important legal difference is that private copies are legal in Germany. Again: In Germany, I can take a DVD, CD, video, whatever, and rip a copy for my own private use. Of course, if I start distributing that copy or screen it in a public place etc. they get to throw the book at me, and will do so very, very hard.

      In America, private copies are not only legal, they are a right. Under the generally accepted interpretations of Fair Use (As established in the Copyright Act of 1976), everybody is entitled to copy works for their private use. The big difference being that we don't have to pay for this right when we buy copiers or scanners or computer, we pay the additional value that the market places on this right when we buy the copyrighted good itself. Doesn't that make sense? Why should I pay a tax when I buy a scanner if I only scan in my own personal photos? Doesn't it make sense to pay more when I buy the copyrighted items themselves?

      Now, when I buy a computer, I have paid for that private copy, so industry can just go shove a bratwurst up their Po, with mustard.

      Once again, why does it make sense to pay for that right by paying a set tax on an item that is indirectly related to the copying? A computer is unnecessary for copying, but the copyrighted work is essential. So, basically, you are paying for that right to copy well more than once. You are paying whenever you buy a computer, a scanner or a copier. In America, you pay for that right only once, when you buy the work itself.

      As somebody who has lived in Germany for a while let me say that German law for the most part is a very sane, logical, and balanced system that almost across the board is superior to the 18th Century money-comes-first atavism that the U.S. is forced to suffer through.

      That "18th Century money-comes-first atavism" is the belief that above all else, the preservation of private property is essential. It seems to me that the US understands its economics a little better than Germany, whose economy has one of the slowest growth rates of any European countries. No one benefits when the economy doesn't work, not even Socialist countries. Look back at what happened in the Weimar Republic for a history lesson in bad German Economics.

    15. Re:This makes sense, this is good, stop ranting by Pantero+Blanco · · Score: 1

      "If the Americans here could stop foaming at the mouth for a few minutes and listen to what the Germans here are trying to tell them they would realize that this not only makes complete sense, but also shows how much more sane the German system is.

      The important legal difference is that private copies are legal in Germany. Again: In Germany, I can take a DVD, CD, video, whatever, and rip a copy for my own private use."

      You have no idea what you're talking about. Private copies are legal here as well.

    16. Re:This makes sense, this is good, stop ranting by Nice2Cats · · Score: 1
      As despressing as this is, Zypries' opinion is not law, just her opinion. Is there are court case where somebody has been convicted for having made a private copy?

    17. Re:This makes sense, this is good, stop ranting by mefus · · Score: 1

      If the Americans here could stop foaming at the mouth for a few minutes and listen to what the Germans here are trying to tell them they would realize that this not only makes complete sense, but also shows how much more sane the German system is.

      Why is it sane that I should be forced to compensate a guild for something that is already my right by first sale, and for which that guild could never possibly have profited from?

      --
      mefus
      In Open Society, GPL Software frees YOU!
  79. Used too perhaps.. by nurb432 · · Score: 1

    Might try to charge you for used PC's too.. would totally destroy the used market here in the US..

    Especially for Retro PC's...

    ( no i didnt read the law.. just guessing here )

    And dont expect the 50 bucks to stop the *AA's practices of making p2p illegal, and going after everyone they can find that *might* be copying something.. They are much too greedy for that. the 50 bucks was just for extra guaranteed revenue, until they wreck the PC industry totally.

    --
    ---- Booth was a patriot ----
  80. Not exactly. by mindstrm · · Score: 1


    You are actually free to lend me all the CDs you want, they are yours.

    I am also free to make copies of them.

    My understanding of our law is that I can make a copy for myself, you cannot make a copy and give it to me (because you would then be copying & distributing copyrighted works without permission.) If I make the copy myself, no distribution of unauthorized copies is taking place.

    Of course with the internet, things like who is doing the copying and where it's being done get debatable.. but the intent is fairly clear.

    1. Re:Not exactly. by Omestes · · Score: 1

      On the internet wouldn't the host machine be doing the copying, even if it is initiated by a remote location?

      So by your understanding of the law, online copyright infringment is completely on the wrong side? Since it is like me asking you to make a copy of your CD, and then give it to me.

      Though I don't think that intent is quite the full story. If left a a cd sitting around, and you copied it, it would still be a crime, and there was no intent on your behalf of my copying it, but the onus of guilt moves onto my head. Though the problem with this is that if I leave a computer full of mp3s open to the public, with no intent for them to copy, I would be at fault, still, in the RIAAs eyes at least.

      In principle I agree with the **AA's POV (flame on), since it is theft, and in theory the artist should get their just due. But being that the artist doesn't actually, the morality of the issue is slightly reduced. And with the actions of the **AAs, I figure that downloading things is perfectly okay now, since they're asshats. :)

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    2. Re:Not exactly. by mindstrm · · Score: 1

      The law does not clearly define how this would apply to the internet, that's one reason why things aren't so clear. It was written in pre-internet days.

      My machine is making a copy, so is the server, so is every router along the way, and so on. If we look at intent though:

      Personal non-commercial copying is expressly permitted, that's the point. You ARE allowed to lend me a CD in order for me to copy it. You are not allowed to open up a booth at a flea market and offer free copies to anyone.

      At some point people need to take responsibility for their actions. If you leave a bunch of copyrighted material, which you know you are not allowed to publicly distribute, open to the public, then you do share some of the responsibility. If you didn't know it was open to the public, canadian law will largely protect you, as intent is very important.

      I think that blanket statements about online copying being good or bad don't work. Me giving a friend a copy of a song to check out is fine, regardless of the mechanism. Me pretending that everyone on earth with a computer is my friend and distributing that song is obviously not okay.

      How you draw the line, that's the part nobody really has figured out yet.

  81. VG Wort ist very important for journalists by Nice2Cats · · Score: 1
    Obviously you are not a journalist, because for them, the money they get from VG Wort can be the equivalent to one month's pay. For freelancers, this is a very, very important system.

    The VG Wort publishes very detailed information on what they do, why they do it, and who gets the money here. You might want to take a look.

    1. Re:VG Wort ist very important for journalists by Get+Behind+the+Mule · · Score: 1
      Obviously you are not a journalist, because for them, the money they get from VG Wort can be the equivalent to one month's pay. For freelancers, this is a very, very important system.


      You're right, I'm not a journalist or a free-lance author (not any more), and my assumptions about what professional authors gain from VG Wort were extrapolated from my own experience, where it was very minor. So I'm willing to stand corrected.

      Nevertheless, I still think it's very questionable whether adding 12 Euros to the price of every unit of PC hardware will create a benefit for authors that, economically and socially, is worth it on the whole.
  82. I don't think it's an end of this case by Anonymous Coward · · Score: 0

    I am almost sure that there will be an appeal to Bundesgerichtshof, Germany's highest court.

  83. This needs to be exposed. by IO+ERROR · · Score: 4, Interesting
    And based on my experiences here in the U.S., the easiest way to expose this decision is to make this levy appear as a line item on the invoice. For instance:

    Siemens Kick-Ass PC €699
    120GB Hard Drive
    1GB RAM
    Keyboard
    Mouse
    Digital copying levy €12

    And people will ask questions about it. Then you explain it (in the FAQ or a brochure) and point people toward the government.

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
    1. Re:This needs to be exposed. by zivan56 · · Score: 1

      Some larger stores in Canada (London Drugs) actually put the levy amount on the bill. So, when you buy $15 50pcs CD-R's, the tax will be listed as a item on your receipt.

  84. buy used, oh and does this mean... by Anonymous Coward · · Score: 0

    that people will stop buying corporate proprietary crap and perhaps try to build their own, then we are better off anyways, no?

    that since it's already paid for, that using such a PC to copy would then be legal

    rich peeps really sux

    yup, it sure does

  85. Re:Some useful phrases in German by Anonymous Coward · · Score: 0

    Your reference to Nazi Germany re. 'Wiener Würstchen 'is just plain stupid. Read the link you supplied and dont be silly.

    For the, ehm, German challenged crowd, the name derives from a German producer having set up shop in Vienna and using a recipe (beef and pork) which just didnt allow him to use the 'Frankfurter' name.

  86. Re:Some useful phrases in German by ArsenneLupin · · Score: 1
    As for nervigen, it seems to eitehr mean "stupid" or be a mild curse. Searching for it shows usage to describe spammers, popups, and Windows XP, so it can't be a good thing.

    ROTFL! This is signature matter! ;-)

  87. Thanks? by Kent+Recal · · Score: 1

    Prepaid piracy? So I'm now legally allowed to download the stuff I like?
    Nice move. These stories about RIAA ripping off students were getting boring anyways.

    Ok, I know it's not really meant that way but how the heck are they justifying
    this "flat" 12 EUR tax then?

    What's next, will they add an adobe-tax (roughly 80% of all photoshop installations are "borrowed")? Another 15 EUR to aid the holy war on ter^H^H^Hpiracy?

    what about child porn? We all know computers are used to hurt little children. Another 30 EUR tax just because it's such a serious matter?

    Will I pay a $50 tax on the next crowbar I buy because these are used to break into houses?

    On a more serious note, I think all they will achieve if this becomes real is to hurt the german computer industry. It will drive the ppl that actually buy whiteboxes to Dell and other international distributors who will certainly find a way around this tax ("manufactured in...").

  88. May I be the first to... by kodeman · · Score: 2, Interesting
    ... liken this to charging, convicting, and sentencing, for potential murder, everyone in possession of an object capable of rendering harm.

    They are effectively taxing on the basis of potential, rather than executing their obvious duties as lawmakers in overhauling the copyright laws made obsolete by ubiquitous technology. Not only is this entirely against the public interest -- the very foundation of the copyright institution -- but, it is, also, taxation which neither funds public infrastructure nor implements a public service. This is entirely unethical, morally bankrupt, and represents an astounding and inexcusable level of incompetence after ignorance. What manner of deliberation would not lead to the conclusion that this half-headed logic opens up a Pandora's Box, short of none?

    Using potential infraction of the law, or even the past infractions of a vast multitude, as a compelling basis upon which to preemptively adjudicate for any crime, which may occur in the future, is maddeningly ludicrous.

    Who wants a nation of law-abiding citizens? What's there in that for anyone? But, just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers. Ayn Rand, Nineteen Eighty Four


    Now that's the system, Mr. Rearden...
  89. Previously on Slashdot by Lars+T. · · Score: 2, Informative
    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  90. My piece of the pie by eyeball · · Score: 1

    I'm a copyright holder. When should I expect my check (oops, I'm hypothetically in europe, so it's cheque)? Or do I have to be a part of the record industry crime syndicate?

    --

    _______
    2B1ASK1
    1. Re:My piece of the pie by AtomicJake · · Score: 1

      You (or your editor) will need to be member of VG Wort. Then you can request your cheque.

      And, it's about books, not music...

  91. Re:Some useful phrases in German by Sweetshark · · Score: 1

    Read the link you supplied and dont be silly. [...] The name derives from a German producer having set up shop in Vienna and using a recipe (beef and pork) which just didnt allow him to use the 'Frankfurter' name.
    Thats right. But the link show the company trying to make damage control. Still the company cleary intended to make that connection (esp. if you hear the song in addition to the text itbis obvious). In a commercial it is much more important what you suggest - the facts are almost irrelevant.
    Just take a look at the associations germans get from the word "Deutschländer":
    " [...] Heim ins Reich? Noch immer - oder schon wieder?"
    "That are the Nazi-Würstchen from the TV-commercial. [...]"
    "[...] For a germany in the borders of 1483. Neapel stays ours!"
    source: http://www.assoziations-blaster.de/info/Deutschl%E 4nder.html

  92. There is already a levy on the human voice by blorg · · Score: 1

    You already need to pay a levy to sing a song under copyright in public. Famously, ASCAP threatened to sue the Girl Scouts of America over singing songs like "God Bless America" or even "Happy Birthday".

    Another reference on this.

  93. Funny part is. . . by Fantastic+Lad · · Score: 1
    If you are an artist, will you get a cut of the tax?

    Short answer: No.

    Long answer: Not unless you are Big Corp or otherwise part of some sort of union of artists, which leads other problems.

    The most stupid part of this whole dumb-ass affair is that the Powers That Be want people addicted to the media. Keeps them from thinking too much. This whole legality distraction is just that. Distraction. (People crave what they can't have. Seems to work like a charm.)

    I'm currently staying away from home at a place with a satellite dish. So I've been watching regular TV for the first time in a few years. Man, it sucks.

    I sat through two episodes of Star Trek DS9 which SUCKED ASS, an episode of Star Trek Voyager which SUCKED ASS, an episode of Enterprise which SUCKED ASS, and an episode of Stargate which, you guessed it, SUCKED ASS.

    So much for Starfleet. I remember liking that stuff.

    So then I watched two back to back episodes of something called, "Lost". -A popular show which sucked in a totally different way. Man, that show had me squirming in my chair. It's like all the writers out there think that the bullshit facades which they call their lives are accurate measurements of what it means to be human, and so map that onto the characters they try to "Bring to Life", and end up with a bunch of shallow and utterly false mannequins parading around on screen. Ugh!!!! It's maddening.

    Yes, I've seen some fairly good episodes of some of these shows, but three days of trying and getting nothing but shit? I think I'll take that as a hint to stay on the wagon and be damned happy about it.

    Or maybe it's an abstinence thing; I hear people who have quit cigarettes often feel sick at the smell of tobacco smoke afterwards. . .


    -FL

    1. Re:Funny part is. . . by Anonymous Coward · · Score: 0

      If you are an artist, will you get a cut of the tax?
      Short answer: No.

      Actually, this is not true. Anyone who fills out a form available from VG Wort detailing the number of pages and type of material published gets a (yearly) cut of the money. They even pay for material published in scientific journals.

      However, there have been very good points made in this discussion (right to personal copies and laws against cracking DRM at the same time,...). I personally dislike this law even if I am going to profit from it.

      Cheers

      CR

    2. Re:Funny part is. . . by zoftie · · Score: 1

      precisely, i buy shows that friends recommend, my time is too expnsive to watch dumb ass commercials and overrated shows. news can be found on the net, i am planning to get "Dish" satelite dish for russian and other countries news. its illegal you know in canada to get anything but bellvue satelite dishes, lobbied into the law. SO SAD.
      But I jaywalk anytime I want too.
      I any case this lawsuit is not bad in sense artists can recieve money, but its just another monetary control system that tries to eliminate darwinism, shitty music dies off, because no one really buys it. Its existance is very unnatural to market itself. But as any large company media companies want to be part of government, without being goverened by people, like use tax subsystem to extract money from people with actually doing anything.

  94. RTFA Central ... by foobsr · · Score: 1

    Fujitsu Siemens is considering appealing the case, the company said.

    So wait a minute. It was the the District Court of Munich which is entry level.

    CC.

    --
    TaijiQuan (Huang, 5 loosenings)
  95. parent post got it right by theBunkinator · · Score: 1

    rxmd, I wish I had some points to mod you up. You summed up the whole argument with one paragraph. Not tax, but levy. Not for illegal copying, but compensation for fair use.

  96. Yes I see... by Comatose51 · · Score: 1

    Nazism is back in vogue in Germany.

    I kid, I kid.

    --
    EvilCON - Made Famous by /.
  97. This is happening now... by Anonymous Coward · · Score: 0

    ..in Spain.
    Part of the cost of cd/dvd/-r goes to the SGAE (the Spanish RIAA) and most newly released CD have copy protection.
    Some people (that we could call the slashdot spaniards :)) are very upset about this. Most people don't know/care. Sad but true.

  98. what the fuck by the_2nd_coming · · Score: 1

    Judges can levy taxes? seems a little tyrannical to me.

    --



    I am the Alpha and the Omega-3
    1. Re:what the fuck by AtomicJake · · Score: 1

      No, judges cannot levy taxes (in Germany). However, a judge can rule that a parafiscal charge that already applies to other equipment can also be charged on computers. And BTW, it is not a government tax, but a parafiscal charge that is given to a non-profit organization that distributes those charges among the copyright owners. If this is a good or a bad idea can be discussed.

  99. Bullshit by Anonymous Coward · · Score: 0

    They could tax cd/dvd readers/burners, or high speed internet connections. But instead they tax computers?

  100. Another consideration by redcaboodle · · Score: 1

    I build most of my boxes from old systems my parents retired. So, if I combine a new box from two of their old ones, the fee has been payed twice on one box. Should I get a refund? Or pay the fee a third time, since its a new box now, made of the best (or at least working parts) of the two parent systems.

    --
    -- Put crudely, the world is an extremely large problem instance. (Russel/Norvig Artificial Intelligence)
  101. The deliberate confusion of civil and criminal law by westlake · · Score: 1
    It is common on Slashdot to confuse criminal law and civil law whenever it is convenient.

    "Innocent until proven guilty" has no meaning outside of a criminal charge. Mens rea as defined in a penal code has no meaning beyond the penal code.

    Taxing a computer because of it's potential for abuse or to provide compensation for copyright abuse is a policy decision, not a determination of guilt or innocence.

  102. Socialism... by Anonymous Coward · · Score: 0

    I have a copier and I have never copied any work other than one I created or which is a public domain court document... nor do I want to.

    It is nothing but perversly warped socialism to make an individual pay for a right to do something which that individual does not want to do.

    1. Re:Socialism... by ScrewMaster · · Score: 1

      Perversely warped capitalism, actually. The socialist aspects are irrelevant ... whether it's a nominal "republic" such as the United States or a "socialism" like Canada or whatever Germany calls itself these days, it isn't the ruling bodies that are doing this. It's commercial interests that are pushing lawmakers around the world to pervert important aspects of their own legal systems.

      Canada seems to be doing a better job of balancing these matters that anyone else I've read about recently (I'm an American and I'm just disgusted with how things are going in my country.) I had thought better of the German government, but I guess unenlightened, corrupt interests can influence their ministers as much as they can our Congresspersons. How bad do things have to get before these kinds of laws get repealed? Will we end up with a situation like that which prevailed before the Wall fell, with all copy machines behind locked doors and special permission required to duplicate anything? This is just getting completely out of hand.

      --
      The higher the technology, the sharper that two-edged sword.
  103. Re:Not A Rights Issue; Extension of Common Practic by orkysoft · · Score: 1
    Levying a tax on blank media is not the fairest way to collect such a fee (if such a fee has to exist at all). I have never used a blank DVD or CD for storage of copyrighted material - I use such media for backups or for the transfer of my work between machines.

    Maybe you're right, maybe the tax should be on prerecorded media instead?

    --

    I suffer from attention surplus disorder.
  104. Let by serutan · · Score: 1


    Tax every beer and give the money to insurance companies to pay for drunk driver damages.

    Tax every car to pay for the ones that get stolen from dealerships.

    1. Re:Let by serutan · · Score: 1

      oops, hit some weird key combination and submitted before finishing, but I was trying to be sarcastic. Levying a penalty on everybody under the assumption that we're all criminals is a dumb idea. But hey, it's the King's forest, we only walk in it.

  105. So now its legal to download! by Snaller · · Score: 2, Interesting

    I mean they can't demand people pay for it and call it illegal at the same time, right?

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  106. TV watching fees for computers, as well by Frantactical+Fruke · · Score: 1

    Der Spiegel recently reported that computer users with internet connections would have to pay the yearly TV license, too, since the German state owned TV companies stream their shit onto the net and thus every computer is a potential television programming receiver.

    Entrapment. Of course, since you have already paid for it when you bought your computer and your media, you now have a license to pirate, right?

  107. No Levy on Cdn Hard Drives by Anonymous Coward · · Score: 0

    By the way, if I remember correctly, Canada for one applies the levy also to hard disks (I'm not sure Germany does this). So Canadians already pay the IP tax on their computers.

    No we do not.
    The Cdn levy originally covered only recordable media - tapes & CDs. DVDs weren't even on the shelves - it was the days of the Laser Disc...

    There was a increase about a year ago which added an additional 1% IIRC to CDs/tapes & included DVDs, but primarily targetted MP3 players. It was this addition that was recently struck down as the body implementing it was not found to have the power to do so (still no word on refunding what was collected or any change in street pricing).

    So the levy continues to exist but to date does not cover hard drives. That is, currently does not. IMO, that's why the addition was repealled and it's likely we'll see the levy increase to include hard drives in the near future.

  108. Re:Thank god for our capalist govt. by Catbeller · · Score: 3, Insightful

    You have noticed the oil cartels just raped us for hundreds of billions of extra bucks in the U.S.? And it had nothing to do with the government? At least the Europeans get less pollution, get smaller cars with better mileage, and use the taxes on gas for the public good? We in the U.S. gave trillions over to the oil industry -- which will then buy up more of our private sector, bribe the public sector, and make sure we never see a non-oil-based economy established. SUCH A DEAL.

  109. fine, as a producer of copywritten work by Anonymous Coward · · Score: 0

    How do *I* get in line for a handout? That tax is for 'infringed works' - did ya pay me 100,000 Euro for reading this? No? I want my 100,000. Give it to me Germany.

    *shakes head and clicks tounge*

  110. Tax, Levy, call it what you will. by Shivetya · · Score: 1

    It is the Government using its powers to take money from its citzenry and redistribute it as it sees fit.

    I don't care how you package it, it is a TAX.

    Why in the hell do the creators of written content need a levy? If their stuff isn't good enough they should damn well not get paid.

    The government has been the strong arm of the artistically weak for too long. Its how many no-talent artist survive. Government grants and such because the "little people" are too "ignorant" to understand good art when they see it. It shows in that some of the worst examples of art are in government buildings or funded exhibitions.

    I am all for the arts, but I am also all for them supporting themselves. If the public ain't buying its isn't the public's fault. It also isn't right to tax the public to support it just because they wouldn't buy it in the first place.

    Quit being so damn lazy about protecting your money and your rights.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  111. Re:Do not read if you're paranoid by Thomas+Shaddack · · Score: 1
    Maybe someday you will need some help from your government, and they will be able to help you because of the money they received from the Dog Tax (or some other tax).

    More likely perspective: Maybe someday you manage to get rich and buy a senator and become rich on some pork project you "win" the realization of. *Then* you really appreciate the benefits of the Dog Tax.

  112. This thread is *over* by Dr.+Cody · · Score: 1

    Don't give Bush any ideas ;)

    GODWIN'S LAW!!!

    oh, wait...

    1. Re:This thread is *over* by vsprintf · · Score: 1

      The tree of liberty must be refreshed from time to time with the blood of virgins.

      Trying to incite Slashdotters to rebellion, eh? Good luck. The March of the Keyboard Brigade. I can almost hear the stirring stanzas, or maybe that's the TV in the other room. :)

  113. Ranting is warranted by Skapare · · Score: 1

    I retain my right to foam at the mouth.

    First of all, this system charges the levy on those who do not use their computers to copy copyrighted content. And even among those who do, the charge is not in proportion to how much content you have or how much copying you do. If I buy 5 CD's all year and occaisionally just play them on my computer, I'm being force to pay the same price as someone else who buys 500 CD's a year and rips every one of them into his computer, and makes extra copies for car, bike, etc.

    And, of course, there's that ambiguity of how to apply the levy to computer components people often build their own customized systems from. Should it be charged by the CPU? The disk drive? Did the courts actually say?

    And does they levy come with a law that prohibits any attempt by the copyright owners to use any DRM that blocks any form of legal copying?

    Charging a levy on blank media gets a bit closer to being fair. But this media can still be heavily used by people backing up, or even distributing, their own data and content. So it's still nowhere near the ideal solution.

    Adding the levy to the actual sales of the original material is what is actually most fair. The person who buys 500 CD's pays 100 times as much as the person who buys only 5 CD's. It won't exactly compensate for the number of copies made, but that's not nearly as likely to vary in scale as much. Some people may make no copies, many will make one copy, and very few will make more than three copies ... when considering only legal copies this law is intended to compensate for (e.g. we're not talking about all those pirated copies made to give or sell to friends, and internet uploads/shares).

    And of course, this most fair way of charging is exactly what the industry is fully capable of doing since it is they who are selling that product in the first place. They just don't want to do it that way because then people will see the added price.

    Now I'm not going to defend the legal system in the USA over the German. It's crap here, too, and probably even more so. I'm just saying that what is being done in Germany is wrong; but it would be just as wrong if done anywhere else, including the USA.

    As for your reference to your 18th century reference ... it's actually more 19th century here. US industrialism, and the creation of the "corporate person" concept, came about in the late 1800's, which was the 19th century. It's then been going downhill ever since.

    --
    now we need to go OSS in diesel cars
    1. Re:Ranting is warranted by Joules+Burn · · Score: 1
      "Adding the levy to the actual sales of the original material is what is actually most fair."

      This makes perfect sense to me, but why would they(V* W*rt/**AA/etc.) want to risk losing business by raising prices in their own market when they can use the legal system to push that burden off onto someone elses market.

      or

      Perhaps it's because they'd be unecessary if that actually happened.

    2. Re:Ranting is warranted by Anonymous Coward · · Score: 0

      Europeans are just backwards just accept it.

    3. Re:Ranting is warranted by Skapare · · Score: 1

      I guess I better hurry up and file for the patent on the business model of "gaining consumer acceptance by lowering prices, while really raising profits through the use of backdoor levy schemes" ... so I can get rich off them :-)

      --
      now we need to go OSS in diesel cars
  114. "getting rich" is a "more likely perspective"? by Cryofan · · Score: 1

    Huh? You do know that the word "rich" by definition, by DEFINTION applies only to a small percentage of the population. If that percentage were not small, then they cannot be "rich".

    But your attitude is common among most Americans, and maybe even most humans. We seem to throw logic out the window when it comes to our personal chances. But it is also rather peculiar that most of us Americans do not have a firm grasp of the basic definition of "rich". It is strictly a relative thing....

    --
    eat shiat and bark at the moon
    1. Re:"getting rich" is a "more likely perspective"? by Thomas+Shaddack · · Score: 1

      "Rich" may have several levels. The one I used wasn't "rich as having higher income than expenses" (which is not that impossible to attain even for mere mortals), but rather "rich as having enough money to buy the government".

    2. Re:"getting rich" is a "more likely perspective"? by bnenning · · Score: 2, Insightful

      If that percentage were not small, then they cannot be "rich". But your attitude is common among most Americans, and maybe even most humans. We seem to throw logic out the window when it comes to our personal chances.

      Perhaps most humans are not as fixated as you are with comparing themselves to their neighbors. Having a comfortable life is one of my goals. Being one of the top x% of the "rich" is not, and I don't lie awake at night concerned that somebody else has more than me. As you and the left continually fail to realize, the economy is not a zero sum game.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    3. Re:"getting rich" is a "more likely perspective"? by Anonymous Coward · · Score: 0

      Wow. So writes someone who is among the top 1% of the rich of the world.

      Yes, you really are. Work it out if you don't belive me.

      What you and the Right fail to realise, is that selfishness and greed is not a particularly good way to ensure the best for everyone in this world, rather than a select few.

    4. Re:"getting rich" is a "more likely perspective"? by vsprintf · · Score: 1

      You do know that the word "rich" by definition, by DEFINTION applies only to a small percentage of the population. If that percentage were not small, then they cannot be "rich".

      Tell that to the IRS and Congress. Originally, the U.S. income tax applied only to a small percentage of "rich" people. By never adjusting the income brackets for inflation, we all became "rich" and qualified to pay income taxes.

  115. does this mean what I think it means? by appleLaserWriter · · Score: 1

    If I live in Germany, and pay the E12 fee, do I get to copy as much music as I want?

    1. Re:does this mean what I think it means? by RealBorg · · Score: 1

      Of course not, you just have to pay and shut up!

    2. Re:does this mean what I think it means? by Legion303 · · Score: 1

      No, because that would mean you, as a consumer, would be getting a fair deal from the corporations. Welcome to the wonderful world of lobbying and campaign contributions!

  116. Whatever the market will bear by ScrewMaster · · Score: 1

    Media companies are putting ever increasing amounts of pressure on their customer base, both those who have never illegally downloaded a copyrighted file and those that have. Yes, evil as all those peer-to-peer downloading pirates may be, as a class they are also still customers. In fact, some studies seem to indicate that downloaders may even be better customers. In any event, the MPAA is posting record profits in the face of "rampant" BitTorrent use, and the RIAA has never proven that their drop in growth rate has anything to do with downloading of music (they are still obscenely profitable compared to most other industries ... consider that you can buy a Compact Disc drive for less than the price of Britney Spears' latest.) Ultimately, this isn't about money, per se, but about control. Absolute, unquestioned, iron-fisted control of content distribution, and to hell with any collateral damage. Control which, in the collective hind-brain of the media outfits, equates to maintenance of their profit stream. This is an example of risk-averse behavior carried to a truly paranoid extreme.

    Put it this way: if absolute profit were the only motivation for their behavior they could make more money by simply adapting to changing technological landscape, as they were forced to do decades ago with the Sony vs. Universal decision. An initially bitter accommodation on their part which, I might add, netted them billions they would otherwise have never seen. The DMCA, in my mind, is nothing less than payback for that original Supreme Court decision: if the old Klingon proverb about revenge being a dish best served cold is true, this one is covered in dry ice.

    The question in my mind is this: at what point will the ongoing loss of value in our personal media purchases make them simply not worth it? I must say that the music and film industries seem to have an inflated idea of their own worth. I like music. I like it a lot. But I haven't bought a CD in twenty years, because after the first hundred-odd discs that I bought, I realized that it just wasn't a good deal. Too much money for too little good music. For a while I just taped what music I liked from various FM stations ... but then the playlists started to shrink, and the variety and quality of music that we enjoyed in the seventies began to disappear (can you say, ClearChannel?)

    Millions of others were hoodwinked into continuing to buy sub-standard product simply because of the millions spent on promotion and because there was simply nowhere else to go.

    This is really an artifact of the early eighties, when DJ's lost control of playlists and the media companies decided that they were better able to decide what we like than we are. Then along comes the Internet and Napster, and then suddenly, without warning, the shoe was on the other foot. The buying public was suddenly in control of content distribution, they had freedom to choose individual songs from a vast library of virtually every song ever recorded. And they liked it!. How could they not? The music companies had a once-in-a-lifetime chance to capitalize on yet another phase change in technology, and as usual they failed to see it. Those old enough will remember the content companies' reaction when the audio cassette became popular ("it will destroy the industry!"), videocassette ("it will destroy the industry!"), DAT ("it will destroy the industry!"), the CD-Recordable ("it will destroy the industry!"), and the DVD-Recordable ("it will destroy the industry!".) And yet, in every case except DAT (which was successfully killed off by the forced addition of Serial Copy Management) not only was "the industry" not destroyed but in fact became even more profitable. Some would call their continuing to rail against that which has made them so damn much money as, well, ungrateful. Others might call it just "stupid".

    The RIAA likes to go on a

    --
    The higher the technology, the sharper that two-edged sword.
  117. German vs. U.S. legal system by Nice2Cats · · Score: 1
    Really? I didn't think that SCO sued anyone in Germany.

    Briefly, what happened was this: SCO started running around in Germany claiming that these IBM guys have ripped off their code and they would be suing everybody and their dog three ways to Saturday any day now. This is obviously bad for Linux, RedHat, IBM, and of course SuSE, and so somebody filed what would be an injunction in the U.S. (Einstweilige Verfügung). This said something to the effect that if SCO wanted to go around dissing IBM, they'd better have some proof.

    Ah, SCO said. Proof. No, we'd rather not show proof. Can't we just run around for a few months making these claims, telling everybody what evil people IBM, RedHad, and SuSE are without any proof like those nice American judges are letting us do? When we get around to sueing them here, too, we'll show you plenty of proof. We do have it, honestly. We just don't want to show it right now.

    To which the German court responded: No, we are not going to let you run around destroying the reputations of these companies without proof because there is this thing called slander and we think you are displaying malice here. If you don't want to show us some evidence, shut up, or you will be financing the next Autobahn.

    End of story for SCO in Germany.

    Now, this has absolutely nothing to do with free speech in any country. If you read up on the First Amendment (here would be a good start), you will see that you are not allowed to shoot off your mouth if you are displaying malice in the States, either. The difference is that German law recognizes that you can destroy a business merely with FUD and aims to protect that business from such attacks until you have shown that they are justified. The U.S. system will get you in the end, too -- but by then of course the damage is done. This wasn't a problem in the 18th Century, but in the age of mass media, it is serious.

    Where people can display proof or make a good case, they can go around saying all kinds of things in Germany. A large corporation, Müller, just lost a court case against Greenpeace who had been running around calling their milk "gene milk" (as in genetically engineered, which is the kiss of death in marketing terms in Germany) -- you can read the details here, albeit in German. The point is, Greenpeace could provide a rational argument for this attack on the company, which the court recognized.

    Germany's laws about Freedom of Speech are in fact far less powerful than those in America -- this is one area where nobody on the planet comes close to the freedoms enjoyed in the States. But this has no relevance in the SCO case.

    But I think we're getting pretty off topic here.

  118. Pre-paid fines... by linuxhansl · · Score: 2, Interesting
    So now they are pre-paying a fine because somebody *might* copy some copyrighted material.

    By the same logic we should all do some pre-time in jail, because we *may* commit a crime in the future.

    Or we could pre-pay some traffic fines, because we *may* speed in the future.

    If I'd buy a computer in Germany, and I could honestly say that I will not copy anything illegal, I would refuse to pay this fee.

  119. Has anyone tried defending an infringement suit... by Ungrounded+Lightning · · Score: 1

    Has anyone tried defending an infringement suit on the theory that they paid a copyright levy on the media and thus paid for making the copy?

    It sounds like the legal theory already has that blocked. But still the argument ought to be tried - especially in front of a jury.

    If nothing else, getting the meme out there might make imposing such levies couner-productive. People who had been gouged for the fee might be more likely to make fair-use copies rather than buying additional originals and to ignore claims that it was somehow illegal.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  120. Sounds like they're expecting RICO to be struck. by Ungrounded+Lightning · · Score: 1

    In the US, 22 states now have laws on the books that say drug dealers must pay tax on the illegal drugs they sell. Of course these states aren't actually going to collect anything, but it gives them something else to charge drug dealers with when they're arrested.

    It also gives them another excuse to sieze the drug dealers' assets.

    Sounds like they're expecting RICO to be struck down or limited, and want to put another tether on the cash cow.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  121. Re:Thank god for our capalist govt. by Thomas+Shaddack · · Score: 3, Insightful
    and make sure we never see a non-oil-based economy established.

    Don't worry. It just means that non-oil economy won't start in the US. US will be forced to follow, though. The oil megacorps will kick and scream while being dragged off the scene, maybe buy few more years of life, but that's about all they will be able to do.

    Same like stem cell research. If the clerofascists ban/restrict it in the US, it only means Korea will become the biomed leader.

    The world is too big to allow a comparatively small group to stop the progress. Slow down, perhaps - but not stop.

  122. What ruling? by Anonymous Coward · · Score: 0

    > Thankfully, the federal court ruled that levies were redundant and should be terminated.

    What ruling is this? I'd like to read it.

  123. Massachusetts sells tax stamps for Marijuana by Anonymous Coward · · Score: 0

    And no one buys them.

  124. Unauthorized Distribution, not copying by Anonymous Coward · · Score: 0

    Copying was never a major problem of copyright infringers because copyright grants limited unauthorized copying. The problem entertainment cartels have is unauthorized distribution. With these taxing levies, they effectively charge you for making backups of your legit originals. These taxing levies Do Not Include Distribution rights. Distribution and Copying are two completely different things.

    They still have the right to sue you and possibly have you put in prison for illegally distributing their materials. Tell me, if you have no source for copying, except your own, then aren't you just making backups of your originals? The people getting sued are Uploaders or Distributors, not Downloaders or Copiers.

    These taxing levies are scams.

  125. Re:Has anyone tried defending an infringement suit by Catbeller · · Score: 4, Insightful

    "Has anyone tried defending an infringement suit on the theory that they paid a copyright levy on the media and thus paid for making the copy?"

    I believe they got the law giving them lovely money to compensate them for the FAIR-USE copies.

    A beautiful, nasty, WRONG argument, because a copyright holder is not entitled to compensation for Fair Use copying. That's WHY it's called Fair Use: because it is fair for the user to copy without paying.

    But it sidetracks the whole Why-Am-I-Being-Sued-For-Copying-When-I've-Already- Paid-Them? argument :( Although it makes my skin crawl.

    That's why word meanings are important! You can't let your foe own the win by redefining the terms used in your arguments so that you can't even make yourself understood in the debate. Orwell made this clear. L. Ron Hubbard used word redefinitions (Win, Enemy, etc) in his writings to redefine how his followers thought when certain key words were used, making argument with his ideas impossible. Redefinitions of the word "pirate" and "thief" to describe copying intangibles was intentional on the **AA's part. Bush's PR people reconstituted the simple idea of the word "torture" into the less objectionable "abuse" in the news media. It's all about the words. If your opponent removes your ability to express yourself in words understandable by a third party, you've lost.

  126. the rich shifted the burden back onto us by Cryofan · · Score: 1

    the top tax brackets were as high as 70-90% on all income for much of the mid 20th century. THen the rich started paying off our politicians to cut their top tax rates, and started shifting the burden back onto the bottom of the taxpayers, the working people.

    I propose shifting the burden back onto the rich. The working poor should pay tax of no sort. Interest and investment income should be heavily taxed, and the proceeds should be used to pay for healthcare for all. This is more or less what is done in many countries in Europe. Also, all that tax money goes to paying the bills for university and childcare. So we working people can ease our minds. Less stress == higher quality of life.

    BTW, just to preempt the rightwingbots, all this has nothing to do with communism. THat is where all property is state owned. There are no taxes in that sort of set up.

    --
    eat shiat and bark at the moon
    1. Re:the rich shifted the burden back onto us by vsprintf · · Score: 1

      the top tax brackets were as high as 70-90% on all income for much of the mid 20th century. THen the rich started paying off our politicians to cut their top tax rates, and started shifting the burden back onto the bottom of the taxpayers, the working people.

      I'm no apologist for the "rich", but I'd guess the politicians were happy to encompass everyone in the income tax without any help or persuasion. My comment was about your rant about the word "rich". Battles over semantics don't usually get anywhere. The Congress thinks we're all rich for tax purposes. The rest of the world thinks all Americans are rich.

      I propose shifting the burden back onto the rich. The working poor should pay tax of no sort. Interest and investment income should be heavily taxed, and the proceeds should be used to pay for healthcare for all.

      Why should conservatively invested income from interest be taxed when the original income was taxed? That would decrease the available money in the banking system and hurt the little people who are retired and living off CDs. If Social Security actually worked and provided a sustenance income, I could agree with most of that, but it doesn't. By all means, shift more of the tax burden on those with the highest incomes. Let me know when it happens.

  127. Re:One of the real problems by symbolic · · Score: 1


    If corporations that distribute copyrighted material are granted a stipend for something that might happen, this is effectively the beginning of a free market that has been dismantled. In other words, it's not a free market any more. What's to stop this from becoming an even greater source of corporate welfare, as the tax is increased to compensate for downward trends in revenue that have nothing to do with the (purported) illegal use of copyrighted material? This almost becomes a form of corporate Marxism...the beginning of what some have termed a "living death".

  128. Not even parts by Alan+Cox · · Score: 1

    The EU is a single market which makes these kind of taxes very messy very rapidly. Many people order their blank media from different countries within the EU now in order to avoid levies so no doubt PC mail order will simply migrate over the border too.

    That's a problem the EU still hasn't resolved sanely because so many countries have such different views on "fair use" and compensation. At the moment their are plans afoot to unify copyright-collection agency policies and the like across the EU but they are problematic and may get very problematic for things like Creative Commons because they are stuck in the oldthink of "free-cost" v "proprietary" not "non-commercial reuse" v "commercial reuse"

    As an overall policy I'm not sure its quite as "assinine" as some posters think. This kind of approach is how radio and copyright was settled originally and people have talked about the same idea for internet and music.

  129. friends only by Anonymous Coward · · Score: 0

    perhaps you would have to qualify the friends part. to be legal you could set up a mud and allow people to swap music in the mud.

  130. Some of this money should go to Linux by cabalamat2 · · Score: 1

    People who buy these new PCs will be putting copyrihhted material onto them. (Since all new material is automatically copyrighted, this must be so). Onve common form of copyrighted material is open source software, which is frequently put on PCs. Therefore linux and other open source projects should get a share of this money.

  131. Re:Has anyone tried defending an infringement suit by tempmpi · · Score: 2, Informative
    FAIR-USE rules in Germany aren't like the FAIR-USE rules in the USA. Until peer2peer came, nearly all private copies of books,music or movies were legal under German fair-use rules. It legal to make a copy and give the copy as a present to a friend for example. Or make a copy and sell your original copy. You're not allowed to make money with these copies and you're not allowed to give them to strangers. But you can happly trade copies with your friends.
    It isn't really FAIR-USE but legal private copying. When the law was made, it was pretty clear that there is no way to stop private copying without a police state and criminalizing a huge part of your citizens. Because of that, the lawmakers allowed private copying but also decided that copyright holders have get a compensation. (like this copyright levy) Imho a very good and fair idea.

    Now there are just two basic problems with this system:
    • these days all the equipment and media is multifunctional and can be used for a lot of things. So people using their CD/DVD-R to backup their data, etc. are paying copyright levy, too.
    • the media industry effectively outlawed private legal copying by successfully lobbying for a law that makes braking copy protections illegal (and there is no adjustment in the distribution of the copyright levys, so they still get money from the levy while their stuff isn't legal to copy )
    --
    Jan
  132. Exemptions for the deaf? by NewsWatcher · · Score: 1

    It would really be a bit tough to have a built in levy to be paid for by people who can't listen to music anyway.
    On a slightly more serious note, the levy is only on new computers sold, not the components. Sounds as if you can get around the levy by making custom making your own PC. I think it would have been smarter to make the levy payable on new sound cards, whether they are in new computers or not.

    --
    If the pattern goes 9am, 10am, 11am, why isn't noon 12am?
  133. Don't forget Bush Sr's role in all this by Anonymous Coward · · Score: 0

    Well, actually George H. W. Bush instituted payroll taxes for poor people and capped payroll taxes for those above 65,000 a year. That's what's known as a regressive tax system.

    Incidently, when income tax was instituted, a lot of the wealthy paying did so proudly, in support of their country during the Great War.

    Now rich people keep their money that they earned through foreign labor in offshore accounts and gladly send the American proletariat off to wars their own children will never fight in so they can get even wealthier.

    1. Re:Don't forget Bush Sr's role in all this by vsprintf · · Score: 1

      Well, actually George H. W. Bush instituted payroll taxes for poor people and capped payroll taxes for those above 65,000 a year.

      The working "poor" were paying payroll taxes long before Bush Sr. Go troll elsewhere.

      That's what's known as a regressive tax system.

      As long as you have a graduated system with higher rates for those with more income and lower rates for those with lower income, it's called a progressive tax system. A flat tax would be regressive.

      Incidently, when income tax was instituted, a lot of the wealthy paying did so proudly, in support of their country during the Great War.

      Wonderful. The point was that the lower and middle classes weren't even subject to the original income tax. Congress refused to adjust the income threshold despite inflation because it gave the federal government more money and power.

  134. That's fucking stupid by Anonymous Coward · · Score: 0

    " it compensates them for the amount of Fair Use copying that is legal"

    I want some compenstation for people who walk on the sidewalk in front of my house that is legal.

    That doesn't even make sense.

    I want some compensation for airplanes which fly over my house which is legal.

    Do you see how stupid that is?

    I want a levy on people around me to reimburse me for showering, which is legal.

    1. Re:That's fucking stupid by sepluv · · Score: 1
      compensation for airplanes which fly over my house which is legal
      Aaah, yes. See p. 70 of Free Culture: Free Society (Lessig, 2004-03-01, Penguin).
      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  135. Glad to be an American by pebear · · Score: 1

    This is one more example that proves: If my anscestors wanted to be European they would have stayed. The Continentials go to extremes, from Nazi's to Communists back and forth and never finding the middle ground. It's no wonder the American Economy always eclipses the European economy. The eurpeans probably won't even notice the extra monies they spend on stuff like computers and being taxed on broadcast TV VHS casset tapes blank CD's DVD's etc... They drink like fish and smoke like chimneys their brains must be completely pickled at the highest levels of European society.

    --
    Paul E. Bahre
    1. Re:Glad to be an American by mark99 · · Score: 1

      This trivializes a complex issue. 14 Euros isn't much when you think about the "damage" your typical PC does to the IP economy. Software patents come from America, copywrite violation fees come from Europe.

      The more dynamic American economy is a more difficult target, who could argue that Europe is too restrictive compared to America, and it is certainly hurting their growth.

      OTOH, to my experience Americans drink as much as "eurpeans" (excluding Russians), and they are reducing smoking just as much as "mericans", although they are perhaps a decade behind.

      Notice that the "mericans" are at least 10 years ahead in calorie consumption, but the "eurpeans" are catching up here too.

      I spend a lot of time in both places, I don't think the picture is that simple.

    2. Re:Glad to be an American by pebear · · Score: 1

      I was of course being a little dramatic here. I have been to Munich and I have taken the BMW tour and I noticed that they allow alcohol, snaps, wine and beer to be consumed on the line. You would never see that in the US.

      --
      Paul E. Bahre
  136. Re:Has anyone tried defending an infringement suit by sepluv · · Score: 1
    As a linguistics student, I wholeheartedley agree with your ideas about word re-definition generally.
    Redefinitions of the word "pirate" and "thief" to describe copying intangibles was intentional on the **AA's part.
    However, I would point out that the word, "pirate" (and, also, I think thief), meaning someone who copies something without permission, dates back to the original British monopolistic publishers who got the many of the ideas of copyright put in place by Parliament by making analogies between piracy on the high seas and other publishers who weren't in their guilds or monopolies copying stuff. I have heard that they ironically often ripped off the authors or even stole works and acted like thugs and pirates of the day. See the OED etymology. I seem to remember Lessig's Free Culture mentions something about this too.

    The more recent word, introduced this century, is "intellectual property" which tries to make a similar implication that copyright violation is theft. This was introduced by WIPO and friends.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  137. It only covers "fair use" by evbergen · · Score: 1

    The german law seems to say that authors have a right to be compensated for fair use copies, and to that end, manufacturers of copying equipment (VCRs, and now also computers) are required to put some money into VG Wort.

    That's all.

    Cheers,

    Emile.

    --
    All generalizations are false, including this one. (Mark Twain)
    1. Re:It only covers "fair use" by Snaller · · Score: 1

      Drat!

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  138. Re:Not A Rights Issue; Extension of Common Practic by Anonymous Coward · · Score: 0

    "whereas the blank media are used almost eclusively to store copyrighted content"

    I really don't know where you get this. Has there ever been any scientific study to determine what percentage of blank media are used to store illegitimate copies versus legitimate copies?

    I have two CD burners (one from long ago, and one that came with my laptop). I use them to back up my own files (my own personal work, owned by me), to burn Linux and other free software CDs, and so forth.

    It would be rediculous to make me pay a free to the music companies in order to do this. They don't own my work, they don't own my software.