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IPRED2 - Open Rights Group vs. Their Rights Online

Elektroschock writes "The British Open Rights Groups yells the alarm bell. Europe again. Ipred v.2, a directive proposal, will pass the Legal Affairs Committee soon. ipred2 would brand 'all intentional intellectual property rights infringements on a commercial scale' a criminal offence, thus the public prosecutor will take action and take over the role of RIAA. For commercial social communities where infringements are inevitable — think of Youtube — they expect dangerous times ahead. On the other hand life of content industrials would get a lot easier. It is difficult to imagine how the consumer would benefit. Toine Manders, Dutch MEP in that Committee, openly advocates his amendment proposal aimed to criminalize consumers. Open Rights Group suggests you to write to your Members of Parliament. Will they have any impact? Janelly Fourtou, wife of the Vivendi boss, is a member of the Committee. And she pushed through ipred number 1, so why should public action make a difference? The EFF started only this month to build up an office in Brussels. Do MEPs listen or could Sealand be an option for Web 2.1?"

10 of 30 comments (clear)

  1. Why is it.... by robcfg · · Score: 3, Insightful

    that the politicians doesn't understand that criminalizing people is absurd. Politicians were elected to work FOR people and not AGAINST people. For me the path is clear, if the value their intellectual properties they should not sell it and keep it in a secure vault.

  2. Oh, they understand that by Opportunist · · Score: 2, Insightful

    But we only cast a vote, the money comes from the industry.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. I tried reading the proposal... by montyzooooma · · Score: 2, Insightful
    ...and while it's not exactly dense legalese it is pretty dull. Which is going to be the problem isn't it. I wrote to my MP during the main anti-EU patent campaign and it was probably an eye-opener for him when compared to the typical letter he'd receive on a weekly basis. But with software patents there are some pretty broad strokes you can paint if you want to paint a negative picture - anti-competitive monopolies, patent trolls etc. But I think we're going to have a harder time convincing our MPs that there's a good reason not to criminalise commercial copyright infringement whether it's on Youtube or selling pirate DVDs in pubs or at car boot sales.

    While I may BT the odd TV show at least I know what I'm doing is illegal. Instinctively I know that if this goes through it's the thin end of the wedge to making it not only illegal but criminal too. But I suspect my freedom to steal TV off the internet with only the threat of a fine hanging over my head is going to be a hard sell to my MP.

    1. Re:I tried reading the proposal... by Halo1 · · Score: 2, Informative

      Please have a look at a presentation I gave in the EP to interested assistants and MEPs about this. Although it may not be that clear without the accompanying commentary, I hope it still can clarify some of the important points.

      Basically, the problem is that it does not only apply to commercial scale copyright piracy and trademark counterfeiting, but also criminalises

      • Alleged trademark confusion, e.g. Burger King v. Wholebake, or L'oreal SA & Ors v Bellure NV & Ors

      • Infringements on database rights. As you may know, database rights only apply in case a "substantial investment" occurred, but how is a competitor supposed to know this in advance? Further, case law on this new "right" is still very much in development (slides 14-15 of the presentation, e.g. a case about a company selling an electronic version of a phone directory )

      • Non-piracy related copyright infringements: e.g. Deutsche Bahn (the German national railway corporation) has been convicted for copyright infringement, because it altered the plans of the architect which designed their new Berlin railway station in a way which the architect considered to be infringing on his copyright. Another very nice on: a museum which is being sued for repairing an artwork which consisted of a urinal, because that person who destroyed it considered the "destroyed urinal" as a work of art in itself.

      • Then there are also registered and unregistered design rights, which like database rights are not examined at all for validity. If you start threatening criminal prosecution for infringing on "right" which may not be valid in the first place, you get really chilling effects in the market place.

      If you have time to read only one background paper on this completely idiotic and misguided directive, have a look at the position paper of the Chartered Institute of Patent Attorneys. But those of the Law Society of England and Wales and Max Planck Institute for Intellectual Property, Competition and Tax Law are also very good. You can find a lot more position papers on FFII's IPRED2 workgroup page under "External opinions"

      Unlike the software patents directive, this is not a case of big companies vs small ones. Pretty much everyone except for the IFPI (music publishing industry) are trashing this directive like there's no tomorrow. And if you want to know why it is nevertheless being pushed through by the Commission, read my ENDitorial in the previous EDRI-gram.

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  4. So... by advocate_one · · Score: 3, Interesting

    just who is going to be the only person who won't fall foul of this proposed "law"... If the courts get flooded with cases, then perhaps they might just rethink things... or am I just living in cloud-cuckoo land... Personally, I'd recommend that we deliberately go to police stations and give ourselves up, all at an pre-arranged time and day as a means of protest if this stupidity gets passed.

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  5. Who can I donate money to who will fight this? by nickos · · Score: 2, Interesting

    I would like to donate money to an EU-wide organisation that will fight this sort of thing. Does anyone know which of the numerous organisations is most deserving of my cash?

    1. Re:Who can I donate money to who will fight this? by Shrubber · · Score: 2, Insightful

      There is an organization out there that works hard every day to fight this!

      http://thepiratebay.org/

    2. Re:Who can I donate money to who will fight this? by pieterh · · Score: 2, Informative

      The FFII (who also fight against software patents, and for open standards) has been working to modify IPRED2 and/or get it rejected, for many months.

      The FFII's IPRED2 project needs your help. Defeating this directive requires a lot of analysis and writing of amendments, which is done by volunteers, but we also have to bring lobbyists to Brussels to do the groundwork with MEPs. That costs money - for travel, hotel, food, and in some cases, to pay people's time, because it's hard to spend months in Brussels without any income.

      I know all this because I'm the FFII's president, and the only reason I accepted to take that (unpaid) job, a year and a half ago, was because this is the only pan-European organisation capable of fighting against software patents, and other bogus laws like IPRED2, effectively.

      The new EFF team in Brussels actually consists of an ex-FFII activist, who is still on the IPRED2 workgroup, along with a dozen or more others. So if you want to help, give the FFII your support. See the FFII's donations page for how to make a donation.

  6. FSFE's page on IPRED2 by H4x0r+Jim+Duggan · · Score: 2, Informative

    For more information on what IPRED2 is:

  7. Will they listen? by SmallFurryCreature · · Score: 2, Interesting

    Okay, for the americans. Say you are from one of those states no european has ever heard of, dakota or something. Now imagine if the guy in the news constantly was your senator and NOT the president of the whole United States.

    Well that is europe. We a system that can be compared a tiny bit with yours except that the level of goverment that people know about is one level lower.

    This effectivly makes the european level of goverment entirely unaccountable. Elections for the EU are nothing more then a opinion poll on the national goverment. You do NOT have EU parties. It is the local national parties that send people up for election. So it is used the same as local elections, just a way to see how the "real" national goverment is doing.

    Except for one fatal mistake the EU made. The referendum on the constitution of the EU. It was slammed down by the dutch. It was the first time the dutch really were given a change to say something about europe and the answer was NO.

    The problem wasn't even the constitution itself. It was how the politicians tried to win us over. It was downright insulting. Our prime-minister even warned us that it could lead to world war 3 if it was rejected.

    The whole tone was, that they knew best and we should just do as they say. Disconnect? Ivory tower? Insanity?

    Well whatever, it is still there, the whole thing is still on the agenda and not a single thing has been done to even attempt to find out why the dutch are so upset about europe let alone remedy it?

    What are the reasons we are so upset? Well, the euro screwed us, and all the politicians say is that we are wrong when we claim prices went up and salaries went down because of it. When shown receipts before and after the change for the same item this is not even denied. The politicians know it ain't so, and facts have nothing to do with it. Other part is that Holland pays the most contribution, granted it is a rich nation, but we also get less and less to say.

    The EU got a slap on the wrist, an important piece of legislation was refused and they did nothing.

    Do you really think they are going to give a shit what a few geeks think?

    The EU parlement is not just disconnected from the people, it is not just corrupt to the very core of its existence, it is not just ignored by those who are supposed to check it (the press), it is not just so incredibly complex that it could never work even if all the member states wanted it to work. It is all of them and then something.

    The sum of its wrongness is greater then all of its parts.

    The EU is a joke. But it is also needed. It keeps nations that hate each others guts from fighting each other. It also keeps individual nations from going to far with their local laws. For every insane EU law there are a dozen cases of people finding justice in the european courts of human rights.

    But that basic problem is that the EU goverment goes unwatched. It simply isn't on peoples radar, neither the voters or the press. So massive conflicts of interests like in this case simply go unchecked.

    Remember one thing about the human race. Democracy does not come natural to us. We tend to fall into monarchy. Human beings love to have an elite class on top that rules them and can get away with anything. Look at the US. No royalty, so elevate the rich to that class. Look at countries like france of russia, that slew their nobles in bloody revolt and were better for it, and now once again pine to have their royals back in place.

    Will the EU goverment listen? They are. They are listening to voters that don't care and a press that can't be bothered and they know they are safe to do whatever they want.

    And they are save, because it is a sure bet that it will be a long time before the next referendum is held in holland on anything, let alone the EU.

    --

    MMO Quests are like orgasms:

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