Slashdot Mirror


EU Proposing to Make P2P Piracy A Criminal Offense

brajesh writes "The European Commission is pushing for a proposal (.pdf) to crack down on organized piracy, which could also make indirect copyright infringement a crime across Europe, with implications similar to the recent MGM v. Grokster U.S. Supreme Court ruling. If the directive is adopted, developers who create software for file sharing that is then used for illegal ends could potentially be criminally liable in EU member countries." From the article: "The problem here is some activities, such as the creation of software, can be used for legal and illegal purposes, as is the case with Grokster...It gets really messy, because it is unclear what is legal or not legal, and it is problematic to operate with such abstract terms."

17 of 420 comments (clear)

  1. But I thought Europe was all about freedom? by dhakbar · · Score: 4, Insightful

    Especially the freedoms we Americans don't have.

    1. Re:But I thought Europe was all about freedom? by KillShill · · Score: 4, Insightful

      you forget which country sent a massive number of "lobbyists" to change europe's docile copyright/patent laws.

      corruption and "lobbyists" go hand in hand.. skipping all the way to the IMF/Worldbank.

      --
      Science : Proprietary , Knowledge : Open Source
  2. Just end it all, please... by garcia · · Score: 5, Insightful

    A directive being pushed by the European Commission would, among other things, criminalize "attempting, aiding or abetting and inciting" acts of copyright infringement.

    Let's ban everything that attempts, aids, or incites acts of anything. It would eliminate cars, guns, tools, computers, people, milk, water, and air.

    Fuck, let's just blow up the whole earth, some corporation would likely benefit from it -- I'm sure they have a patent on the bombs, cleaning up the destruction, and cloning human life after creating the vegetation and animal life.

    Let's stop making laws that only support the businesses that have endless supplies of money please.

    1. Re:Just end it all, please... by garcia · · Score: 4, Insightful

      If you're not sure why Grokster fell into this category and a gun manufacturer does not, it may help to compare Grokster's business model and advertising campaign to that of BitTorrent.

      The only reason is because of lawyer speak. Guns were created to kill living things but they are marketed with clever wording that includes everything but.

      P2P was created to quickly and effectively distribute data without a central server handling all the load. Problem is that the corporations that don't like it being used against their current business models have more money than the users and creaters of the P2P software.

      I'm not slippery sloping anything. I'm stating a fact.

    2. Re:Just end it all, please... by ciroknight · · Score: 4, Interesting

      I've been reading through these posts and I haven't seen anything that none of us hasn't seen before. But what do we do about it? We sit on our asses, yelling at a website because our rights are being violated left and right.

      What happened to the days when a country's movements were so offensive that people would march? That people would have sit ins and public readings and such? Words are just words people, unless any of us is willing to stand up for our rights, we're just blowing hot air.

      Perhaps all of those users of P2P programs, software developers, people who feel like their rights are being encroached on should get off their asses and go to DC for a day, sit down on the captial lawn, and get some influential people to talk and unite us. I'm sure RMS would have no problem, nor would Linus or anyone; a day out of their lives to support such an important cause isn't going to hurt anyone.

      I'm just tired of hearing about this on Slashdot and having no outlet than to whine about it on here. It's far past time we actually *do* something about it.

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    3. Re:Just end it all, please... by Anonymous+Brave+Guy · · Score: 4, Insightful

      Two million people marched in London to protest against the Iraq war.

      Approximately 78% of the electorate did not vote for Tony Blair's Labour party at the recent UK general election.

      Our troops still went into Iraq, and Blair is still in power.

      If the biggest mass protest in recent history couldn't avert a war that has killed thousands, it's not going to do much about some random Eurocrap. We need to do something more than bitch on Slashdot, but apparently marching isn't it.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:Just end it all, please... by Tim+C · · Score: 4, Insightful

      Approximately 78% of the electorate did not vote for Tony Blair's Labour party at the recent UK general election.

      In that figure you are of course including the people who did not vote at all, despite being eligible. According to the BBC, there was about a 60% turnout of voters. Therefore, 40% of that 78% didn't vote at all.

      I'm not detracting from your main point - that the majority of us did not vote Labour - but the way you present it implies that something dishonest occurred, which is not the case.

      We need to do something more than bitch on Slashdot, but apparently marching isn't it.

      Our government isn't listening. It hears what it wants to - fears over immigration, terrorism, etc - and acts on that. On other matters - ID cards, the Iraq war, etc - it simply claims to know best and carrys on regardless.

      And you know what? It's as much a fault of the 40% who didn't vote at all, as it is of those that voted Labour. (Not that the Tories are any better if you ask me, but that's a rant for another time)

      Oh, and a disclaimer: it's my fault too, as in the end I didn't vote either. I didn't see that there was any real point; my constituency (Hornchurch) is split roughly 45/45 Tory/Labour, with the remaining 10% or so "other" (mainly Lib Dem). Not much of a choice, if you ask me.

  3. 'ere now, what's all this? by Stanistani · · Score: 4, Funny

    Crowds of file-sharing enthusiasts herded into makeshift prison camps.

    How nostalgic for Europe.

  4. Stupid! by zonix · · Score: 4, Insightful

    The problem here is some activities, such as the creation of software, can be used for legal and illegal purposes, as is the case with Grokster...It gets really messy, because it is unclear what is legal or not legal, and it is problematic to operate with such abstract terms."

    Well, let me make it easy for you! Here's a hood ... it can protect you in a snowstorm, or you can use it to rob a bank. Ban hoods!

    Geez!

    z
    --
    What would an EWOULDBLOCK block, if an EWOULDBLOCK could block would? -- me
    1. Re:Stupid! by Dunbal · · Score: 4, Insightful

      Here's a hood ... it can protect you in a snowstorm, or you can use it to rob a bank. Ban hoods!

            You may laugh, but in some countries (eg. Costa Rica) it is ILLEGAL to sell full face motorcycle helmets because these were used by criminals to rob banks...

            I guess it was easier to create this law than for bank security to USE COMMON SENSE AND DECENCY and ask customers to remove their helmets before being allowed in the bank.

      Back on topic:
            Funny how they never managed to make cassette tapes and tape recorders illegal, yet people used to tape stuff and make copies of casettes all the time. But now because someone THINKS they have the right to tell MY computer what to do (that's a real funny one), copying digital information is seen as "criminal behaviour".

            At least some of us know HOW computers work, and we will never be stopped. It listens to me, not to you.

      --
      Seven puppies were harmed during the making of this post.
  5. "Abstract Terms" by Tackhead · · Score: 5, Interesting
    > From the article: The problem here is some activities, such as the creation of software, can be used for legal and illegal purposes, as is the case with Grokster...It gets really messy, because it is unclear what is legal or not legal, and it is problematic to operate with such abstract terms.

    "Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. 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 - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

    - Ayn Rand, Atlas Shrugged, 1957

    Whoever came up with the "abstract terms" locution was pretty clever; that's certainly a new twist on it. Usually, the folks who want unenforceable laws want the laws to be abstract. Now that there's so little left unregulated, they can take the gloves off and come out and say it -- "everything not compulsory must be forbidden, and everything not forbidden must be compulsory."

  6. Re:How about cracking down on another kind of... by LurkerXXX · · Score: 4, Interesting
    It doesn't matter how much profits they make. They are free to charge as much as they like for their movies/music/software.

    You are also free not to buy any of it.

    The problems with these types of laws is that you don't always know if what you are downloading off the internet is something that is copyright'd ,and not freely re-distributable, vs something that may be copyrighted, but freely destributable (opensource software, promotional free-music, etc). You usually don't really know until you have it downloaded and can run/play it. Even then, you might not know if it's legal or not. ex: Plan 9 from outerspace was a commercial movie, but it's now being freely distributed legally.

  7. Mass criminalization by nurb432 · · Score: 4, Insightful



    If you lower the bar far enough, and make most everyone criminal, You can pretty much take away everyone's rights.

    Once you are 'assumed' to be a criminal, just because you breathe ,then its easier to take things from you ( such as money ) and redistribute t to the 'victims'.

    As well as destroy other rights you had, such as privacy.

    --
    ---- Booth was a patriot ----
  8. Old adage by qeveren · · Score: 5, Funny

    Better to err on the side of money... er, caution.

    --
    Don't just stand there, get that other dog!
  9. Didn't you see this coming? by cdrguru · · Score: 4, Interesting
    You should have. The US will be shortly on its way with this kind of law as well. It is a matter of survival for an "information economy" - if you can't make money because someone is "sharing" it out from under you, there can't be an "information economy".

    I would equate this level action similar to what police do in inner city areas. You live there for years and there is a murder here and there, a few robberies a day and every once in a while some grandmotherly-type is raped and beaten. The police generally do nothing and it seems this is all just happening and nobody can do anything about it. Does this not sound like the level of copyright enforcement today?

    Well, one day (actually more likely a dark night) the police come. Not just your usual two officers assigned to the neighborhood patrol car, but tens or even hundreds of cops in vests carrying all kinds of heavy weapons. Anything that gets in their way gets thrown into the paddy wagon and hauled off. Some people get shot, some by accident and some because they thought they would stand up against this invasion. Like what happened in Philly, maybe a building gets burned down as well.

    Three weeks later, everything is back to normal. The drug dealers are back on the corner, the neighborhood liquor store got robbed last night and somebody gets shot and might live. The police came, put up a show of force, and left. They won't be back for a year or so.

    We can expect a show of force soon over copyright. China gave up and has ceased all commercial music production. We can expect that in a few years here as well. It is almost the identical situation to the inner city - if the people don't give a hoot about it, the police (and RIAA, courts, government, etc.) can do nothing except put up a show of force. It is all just a show and it will be over soon.

  10. Re:Lots of tools can be used to pirate by shark72 · · Score: 4, Insightful

    " What about MSN messenger? I send executable files across that all the time. Or, heaven forbid, a floppy disk containing copywritten software on it and thrown across the room."

    I think the person who wrote the summary mistakenly assumed that most readers would know the background of the recent MGM vs. Grokster case.

    The whole point is to separate the "bad actors" from the providers of generic tools. That's what the decision showed us -- if you create an ad campaign focused on piracy, build your business model on inciting piracy, leave an email trail showing that you're aware of and condone what's on your network, and then lie to the government about it, you'll get nailed.

    Knowledge is power here, guys -- it's important to understand the difference between people who set about profiting off of other people's works, vs. the people who write IM applications. The EFF page linked in the summary contains further links to the supreme court decision and lots of other stuff which would have answered your question.

    --
    Sitting in my day care, the art is decopainted.
  11. we really need to do something... by xtracto · · Score: 4, Insightful

    Man... I think we really need to make something.

    I have read some of the comments in this thread... I can see we are all pissed off about the way things are going but we are all whinging in slashdot without anything else to do...

    I have read some recommendations about 'voting with your money' or 'Talking to your representative' but I think that is *really* not making any difference...

    We must find a way to make the government hear us. Governments are supposed to represent the people in our countries not to serve as big companies servants allowing them to profit... We need real actions, movements, people, we need to fight again for our rights, not in UK or France or USA, but in all the world, we have the Internet which is one of the best communications tools which can be useful for us...

    Big companies are using the globalization to get more and more of the markets, meanwhile squeezing the goverments are making they take our rights.

    I am sure this will continue until there is something more severe, this will end in a kind of civil war but between consumers (us) and big companies... I see this as the next big war, but as they always say it will be a war of information , it will be a 'revolution' to get again our freedom, once, we fought other countries to get freemod (like Mexico from Spain or US from UK or UK from Germany)... now all the world will have to join to fight the big corporations, to get our freedom.

    The sad thing is that it is a system a big system which everyone of us is making work, because it is in those big corporations where people like you and me work. Although there are just like a thousand people that controls the 80% of those and it is of they most interest to make the system work smooth, that is what we need to change, we need to break that system and install a new system a new freedom for information, all kind of information.

    But then again I am here, siting in my desk just about to press the submit button and then I will continue reading the next story and then I will read my email and then I will just go to sleep waiting for tomorrow to go to work again... although my soul is shouting to go liberated... can we do somehting?

    --
    Ubuntu is an African word meaning 'I can't configure Debian'