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Finland Adopts New Copyright Legislation

Anonymous Coward writes "Finland has adopted European Union Copyright Directive with new changes to its national legislation, giving Finland one of the most record label friendly pieces of legislation in Europe. The article has a good summary of the new law's changes to the old, rather flexible legislation."

27 of 323 comments (clear)

  1. So.... by maynard · · Score: 5, Funny

    ....You can smoke pot, but don't you dare illegally download music! Hmmm.... --M

    1. Re:So.... by Roadstar · · Score: 5, Interesting

      Actually, according to the new legislation, it is a lesser offense to download an illegal than to rip a copy-protected CD-wannabe (as we all know, those lookalike thingies don't conform to the standards) you have paid for. To top all that, we get the restriction on discussing copy protection circumvention techniques. This is a really sad day for all us Finns, but at least we don't give up without a fight. According to all the IRC discussions I've been following, there seems to be a major uproar building up. In the meantime I have stopped buying records from all record companies that were demanding this law to be adopted. And I am far from alone with my boycott. Not to forget the fact that I used to buy rather many records (many times above the average consumption) on a yearly basis.

      Previously I have more or less despised P2P networks, but now that the government is giving the signal that it's more OK to download an illegal copy than to apply fair use policy into stuff you've paid for, it seems like I'll have to start getting my music from illegal sources. Sure it's an offense in the new legislation too, but at least I'm not getting fined or jailed for that like I could get if I ripped a copy-protected record to my iPod.

      This new legislation clearly shows what you can expect when you have the former Miss Finland as the Minister of Culture (no, I'm not kidding). I hope we can get a decent government in the next election. At least the voting statistics related to this law give us rather good guidelines on who not to vote. Meanwhile, as the government has regulated: Let the warez flow, but don't you dare to circumvent a copy protection, no matter how weak the so-called protection is.

    2. Re:So.... by Roadstar · · Score: 4, Informative

      I forgot to mention that the youth organizations of nine different parties, i.e. all the significant parties from left to right were supporting the demonstration on Tuesday and opposing the new legislation. One could easily think that this extremely rare mutual agreement between youth organizations of parties with completely opposing political viewpoints would give the older (read: computer-illiterate) MPs a signal that there is something badly wrong with the new legislation. Did they get the hint? Obviously they didn't. Lobbyers 1 - Common sense & consumer rights 0.

  2. Banning Discussion? by TubeSteak · · Score: 5, Interesting
    Italics are from the original text
    Worryingly, even "organized discussion" on how to circumvent copy protection mechanisms, will be illegal. (and no, Finland doesn't have similar to American Supreme Court that determines whether laws are against constitution, but when laws are approved, they by default are in harmony with constitution and can't be later overturned on basis that they are un-constitutional)
    While you can't argue unconstitutionality, can't citizens claim that tihs clause violates various human rights accords?

    Or maybe not, England (as a European example) has fairly restrictive free speech laws

    --
    [Fuck Beta]
    o0t!
    1. Re:Banning Discussion? by drijen · · Score: 4, Insightful

      I wonder if they were thinking of online forums and such. Unless they want to buy a piece of the Great Firewall of China, thats a worthless piece of legislation. Even if they did find a way to block forums based in other countries, how will they control IRC/IM?

      This is ridiculous, politicians need to quit palying with the pretty colored fire.

    2. Re:Banning Discussion? by illium · · Score: 5, Insightful

      the law is there to punish people after they do it, not to stop them. so who needs controls for that? just punish whoever you feel like, whenever you feel like! just like speeding laws... the chinese way however is very different. they want to control the information coming into the country because the information itself is dangerous to them.

  3. World Wide Government by Anonymous Coward · · Score: 4, Insightful

    It seems the entire world is now a plutocracy, with all nations' laws up for the highest bidder.

    Are there any legitimate governments (not owned by the MNCs) left at all?

    It seems Finland is as bad or worse than my own (US) government. Very sad.

  4. Abdication of Responsibility by Infernal+Device · · Score: 5, Interesting

    It's interesting to note that the government claims it won't pursue those who break the copying law for personal use. Isn't it the duty of Government to pursue those who break it's laws? While the people might seem to have a right to break those laws they feel are unjust, I wasn't aware that this was an ability granted to the Government.

    --
    "My God...it's full of trolls!"
  5. More information here by timeToy · · Score: 4, Informative
  6. whoops... by advocate_one · · Score: 5, Interesting
    Distributing (even for free) tools (whether physical devices or software) that allow circumventing copy protection mechanisms will be illegal. (this includes DVD rippers, tools that allow copying copy-protected CDs, etc)

    [...]

    Possession of tools that allow circumventing copy protection mechanisms will be illegal. Even for personal use.

    there goes Linux... a wet dream for Microsoft... getting Linux outlawed...

    So, basically -- buy a portable MP3 player and a copy-protected CD. And you can't copy the music from the CD to your MP3 player legally any more, as you'd break law if you circumvent the copy protection mechanism found on CD.

    and there goes the entire point of owning a personal MP3 player... now the users will have to purchase any music specifically for that player, even if they already have it on CD...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  7. Hide those Sharpies! by peaworth · · Score: 4, Informative

    Possession of tools that allow circumventing copy protection mechanisms will be illegal. Even for personal use.

    So if some particular copy protection is totally shitty and is defeated by common items, those common items suddenly become contraband?

  8. Re:Well you know by EvilNTUser · · Score: 5, Insightful

    More like you can't trust the EU.

    The EU was sold to us as an economic union. Then we were told we needed a constitution. That the EU would guard our basic rights.

    Well, thanks a lot you bastards. Thanks a lot for the corruption and injustice you've brought with you. Seems like old Finnish legislation was doing a better job until your directives forced it to change. I weep for the future.

    The EU as an economic powerhouse could be a great thing. The EU as a source of bad legislation is a recipe for disaster.

    --
    My Sig: SEGV
  9. Why are you glad? by CyricZ · · Score: 5, Insightful

    Why would it make you, as an American (or so you claim), glad that the freedom of the citizens of another nation have been eroded? A true American, one who actually believes in the ideals of freedom and liberty expressed by the Founding Fathers, would be horrified and disgusted by this development.

    --
    Cyric Zndovzny at your service.
    1. Re:Why are you glad? by rovingeyes · · Score: 4, Funny

      I agree with you partner. A true American would prepare to invade that country and spread freedom and liberty!

  10. This law sux. by JollyFinn · · Score: 5, Interesting

    I'm not so jolly Finn anymore.
    This made my future voting decision simple.
    Christian democratic party and Nationalists(Perussuomalaiset) where ONLY parties which all voted against the law.

    --
    Emacs is good operating system, but it has one flaw: Its text editor could be better.
  11. Implications for hardware could be severe... by Anonymous Coward · · Score: 5, Funny

    "Possession of tools that allow circumventing copy protection mechanisms will be illegal. Even for personal use."

    So, I guess this means the new Finnish keyboard will be without a "Shift" key.

  12. UN Agreement on Human Rights by TubeSteak · · Score: 4, Insightful
    I'm glad you brought up the UN Agreement on Human Rights
    Article 19
    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

    Article 20
    1. Everyone has the right to freedom of peaceful assembly and association.
    2. No one may be compelled to belong to an association.

    And I'm not claiming human rights allow you to bypass DRM, I'm claiming that its dumb as shit and in violation of international agreements to try to restrict speech & freedom of assembly.

    That's what happens when people read the document you try to use to refute their point.

    --
    [Fuck Beta]
    o0t!
  13. Fatality by lordmoose · · Score: 5, Funny
    Lawyer: Your Honor, this young man was caught downloading illegal music

    Judge: Finnish him!

  14. Demonstration meant nothing by halfnerd · · Score: 5, Interesting

    I took part in a demonstration against this law on tuesday 1300 Finnish time. There were over 300 people outside the parliament demonstrating against this, and this amount was assembled on under 5 days (or so we were told by the organiser). Only a handful of the members of parliament came out to listen to us or answer our questions, most of them already aware of our case and supporting it. I saw many people peeking out from the windows, looking scarily at us and then leaving, without coming out. One speaker told us something like "we'll have your mp3s sorted out later". What an idiot! Seems like no-one cared to even read the parts of the new law that we stated were problematic. And to think that we only cared about mp3s. We need more people in the parliament who actually understand what this new technology is about. Most of them would probably have problems grasping it if it was explained as LPs and cassette players. Geesh!

  15. Selective Enforcement by mcc · · Score: 4, Insightful
    From the perspective of corrupt authority, it is often rediculously useful to have laws which everyone is breaking, but which aren't "enforced". Set a speed limit that everyone always breaks by 10 MPH, for example, and you'll find that you can pull over absolutely anyone you like, just because you feel like it or you don't like their bumper sticker or whatever. What's that sir? No, I wasn't singling you out, you were breaking the law.

    Expect the "we won't persue copying" claims, in practice, to mean that people will continue pirating, everyone will continue pirating, but only those who politically are the enemies of the record labels will be singled out for it. Want to download the entire Led Zeppelin song catalog, in clear and obvious violation of law? No one will stop you. Want to create an innovative new software program which could change the way music is distributed, but which incidentally could maybe be used to pirate music? Prepare to have the copyright directive, and tens of thousands of dollars in legal bills, come down on your head.

    Ayn Rand's said exactly one lucid thing in her entire disastrous body of work, and it was this:

    Did you really think that we want those laws to be observed? ... We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean 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.
    1. Re:Selective Enforcement by TwentyLeaguesUnderLa · · Score: 4, Interesting

      I'd just like to bring up a country where something of the sort is on the verge of being the case - Russia. That's why some Russians are quite frightened by the Yukos case, involving Khodarkovsky. Basically, the story behind it is (apparently) that he tried to get involved in some political things he shouldn't have - so the government slapped him intto jail for Tax evasion. According to the tax code, he was most definitely guilty of that. The thing that worried people is that the laws were unreasonable, pretty commonly ignored (and these infractions ignored by the government), effectively making EVERYONE guilty and thus suspect to prosecution whenever the government felt like it.

  16. Lost faith in Finland - We're Screwed by Kassiopeia · · Score: 5, Informative

    As a Finn, I have always taken pride in our country - even though we don't have things like the Bill of Rights, we have our fundamental rights, and our copyright legislation isn't at least as horrible as the DMCA. Well, that has now changed. Finland has enjoyed #1 position in international competitiveness ratings and has been considered a vanguard of the spearhead of information age societies, but this piece of legislation has now set us back years, nay, perhaps even decades.

    What wrenches my gut is that despite Finland's top rating when it comes to low corruption, shenaniganry in creating and passing this piece of legislation has been plentiful. The law was prepared in the Ministries of Culture and Education in close rapport with people who work for the very organisations that lobby for stricter controls on what citizens can do with the things they have bought. When sixty-six expert statements were collected on the law, only one was from a consumer-oriented organisation, that being EFFI.

    Its passing was surrounded by nothing but smoke and mirrors, with misleading statements based on intentionally erroneus interpretations of the already-muddy law by its supporters. And finally when a demonstration was arranged in front of the Parliamentary building on Tuesday, when the bill was discussed for the very last time, a representative of a musicians' organisation was put on the wires stating the demonstrators' cry for free speech was tarnishing the concept for free speech because the demonstrators just want to download songs in its name. This while behind him people were touting DeCSS signs and spreading out short DeCSS programmes on flyers with the text "distributing this flyer will become illegal".

    Not to mention the EEA statute, which makes distributing works not published in the European Economic Area illegal in the EEA, unless they have been acquired for personal use. No more import manga from stores if the publisher overseas decides that the market in Finland is too small.

    Well, now there's a galvanised group of a few hundred people who are just really pissed off. We're already setting up forums for "organised discussion" and thinking up ways to turn ourselves in en masse to swamp the system. The Parliament has made an initial decision to modify the law later on, but until then, we'll have to just suck it up.

    And guess who used her authority to press the bill through no matter what? The Minister of Culture, a former Miss Finland, whose only merit in getting into Parliament was that she was Miss Finland, and whose only merit in getting into the Ministry was that she raked in so many votes. No, I didn't vote for her.

    Finally, what comes to the EU directive garbage, it was just an attempt to deflect blame by the Government. There is only an alleged record of a single EU official stating how tightly the EUCD should be implemented. Finland now has the strictest EUCD implementation in existence. Greece implemented it with most of the stupid parts axed out; a French court has now declared that copy protection (more like "use restriction") has no protection of law. DVD area codes are illegal in Belgium. The only thing the EU directive argument served was the populist and anti-EU True Finns party.

    Oh FFS. I think I'll just move to Canada. Bonjour Monsieur, ca va bien, eh?

  17. And there's more by Aggrajag · · Score: 4, Informative

    This nice piece of legislation also makes it illegal to import copyrighted material outside of the EC. For example, it is illegal to buy an anime DVD from Japan if the DVD in question isn't already being sold within the EC.

  18. The More Things Change by Prototerm · · Score: 4, Insightful

    Not so very long ago, in many countries, you had to be a land owner in order to vote. Times may have changed, but government power hasn't. Today, governments aren't run by the people, but by the large multinational corporations. Either way, the vast majority of people wind up with no say in how things are run. Even if they vote (which is rare enough), they have a choice between corporate candidate #1 or corporate candidate #2, with the occasional choice of extremist candidate #3, just to give the media something to panic about during the 6 o'clock news.

    Orwell was right, gang. The government is not under our control, we are under its. Our every step, and every breath, is monitored from birth thru death by our corporate overlords thru credit cards, phone bills, Tivos, and spyware. Free speech is censored by Google, Yahoo, and others. The openness of the Internet is a lie spread by ISP's who advertise huge bandwidths but close down anyone who actually tries to use it. 1984 was filled with dim-witted, ham-fisted amateurs, compared to the real world.

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
  19. Re:Well you know by Simon+Lyngshede · · Score: 4, Insightful

    Denmark adopted the EUCD as one of the first countries and we're still allowed to break copyright protection if needed. Don't blame the EU for this one, Finland made this mess themselfs.

    Yes, the EU often make mistakes, but this is not their fault. That being said, the EUCD is still a dumb idea and completly useless.

  20. Re:Well you know by HunterZ · · Score: 5, Insightful

    Then why is the US so successful? I agree that bigger governments often (always?) make a mess of things, but the reason the EU will help growth is that it will open internal borders and standardize business practices/logistics across the union. If it works out...

    Whether or not the U.S. is "so successful" depends on how you look at it. As a U.S. citizen, I'm starting to wonder how long it will be before things break down if they keep heading in their current direction. For the past century the federal government has been gaining more and more power over the states, wasting more and more resources due to the inherent inefficiencies of governing at that level, and favoring the interests of whoever has the most money to spend on lobbying - with citizens steadily becoming more disillusioned and hopeless all the while as a result.

    Another problem with it is that, as humans, we always seem to standardize on whatever most people are already doing. If 5 people herding reindeer in Lapland have the best accounting methods, then the whole union should switch, not force them to change, damnit.

    Yes, it's called "democracy", and like all other forms of government invented so far it has its drawbacks. Really, though, I think that governments go wrong more often as a result of trying to govern too many people and not from the system they follow (with a few exceptions like small countries that are seized by corrupt dictators).

    I think Europe had a good thing going with small countries (on the same order of size as U.S. states) with governments that strike varying balances between democracy and socialism. Trying to unite them under one governing body (especially an economic one!) is just going to introduce the same problems that the U.S. is experiencing (ignoring the people's interests in favor of the interests of whoever has the most money, bureaucratic waste, gradual leeching of power away from individual countries to a self-serving centralized government, etc.)

    In closing, I should mention that I'm a computer programmer and not a political activist. I'm also American so I'm probably largely ignorant about the EU situation.

    --
    Arguing about vi versus Emacs is like arguing whether it's better to make fire by rubbing sticks or banging rocks.
  21. Re:Well you know by Anonymous Coward · · Score: 4, Insightful
    a lot of people in the US don't trust the idea of a world court or various other powers above the country level. Whatever happened to national sovereignty?

    While I agree with many of your points, it's worth noting that the international criminal court was intended for INTERNATIONAL court cases, ie. ones for which there just is no applicable national laws (or conflicting ones; or involving countries that do not recognized applicability etc). It's not meant for overriding national laws involving only national issues. That is, things like war crimes, crimes against humanity. I mean, lots of things dictators do may actually be legal according to laws of countries they lead: not unsurprising when most laws have been (re)written by the tyrants in place. I don't think that applying national laws of the most powerful nations outside their borders (like what USA is doing, and many other bigger nations would love to, too) is much better than trying to come up with an international court that is focused on specific area where there is a vacuum.