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EU Approves New Stricter Anti-Piracy Directive

A Pirate writes "The European Parliament has voted for the new report submitted by Italian parliament member Nicola Zingaretti that criminalize even attempts to infringe on copyrights. Even if the new directive excludes end-users from the law it will still criminalize sites like YouTube and practically all P2P services, and even the developers of these services. The exceptions beside the end-users' personal use, includes studies and research. While the European Parliament apparently describes the new directive as a an attempt to harmonize the copyright laws of the European Countries others have been describing it as a lobby directive."

163 comments

  1. Don't forget the children! by fanpoe · · Score: 5, Interesting

    From the fine article

    The EP.....decided that criminal sanctions should apply only to infringements deliberately carried out to obtain a commercial advantage. Piracy committed by private users for personal, non-profit purposes is therefore

    I see a lot of commentary around the web that YouTube's only valid business model is due to turning a blind eye to uploaded copyrighted clips. Having seen how my stepsons use YouTube and similar sites I am not at all convinced that this is the case. They are quite happy with the user generated content.

    1. Re:Don't forget the children! by Anonymous Coward · · Score: 2, Funny

      I know some people who watch Ranma 1/2 episodes on Youtube. Which says something, given the quality of the video, I'm not sure what. But it's not something available on TV, even any flavor of cable (Blame the Cosmic Zombie Jew who was His Own Father), in fact it's hardly available at video stores to rent. So are they helping a failed marketplace succeed despite it's best efforts?

    2. Re:Don't forget the children! by alphamugwump · · Score: 5, Interesting

      In my experience, the primary attraction of youtube is not the content at all, but the "community". It is difficult to understand until you try it, but posting videos can be incredibly entertaining, due to the amount of attention it is possible to get. With no mods, one can post anything at all that isn't actually obscene, which, practically speaking, makes youtube the perfect environment for a troll. Owing to the way the system counts views and comments (whether positive or not) and gives you honors, anything moderately inflammatory will easily get you on the most-discussed list. Simply put, youtube enables normal people have their own cadre of fanbois.

      That's not to say that I haven't used youtube to watch whole TV series, but if all the copyrighted content were to disappear, I agree that they wouldn't be much affected.

    3. Re:Don't forget the children! by Skrynesaver · · Score: 1

      From the text of the IPRED 2 directive "Article 3 Offences Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, and attempting, aiding or abetting and inciting such infringements, are treated as criminal offences." emphasis mine
      Unfortunately it is not just those who are taking commercial from copyright infringement but those who do so on a scale which is considered commercial, file sharers for example, the notion that inciting copyright infringement is a crime means that Slashdot is now a criminal enterprise ;)

      --
      "Linux is for noobs"-The new MS fud strategy
    4. Re:Don't forget the children! by Skrynesaver · · Score: 2, Informative

      BTW a more informed (and partisan) view is available from CopyCrime.eu

      --
      "Linux is for noobs"-The new MS fud strategy
    5. Re:Don't forget the children! by walnutmon · · Score: 5, Insightful

      I have no problem with the prosecution of these small time crooks, as long as the worst trouble you can get in for copyright infringement does not exceed the punishment for worse laws... which I would say includes just about everything...

      The people who whine about this shit don't understand that it just isn't that big of a deal in the grand scheme of things. A very small amount of the population stands to lose, while more of the population stands to gain. But I think that if you get 3 years for copyright infringement and 1 year for beating your wife or six months for aggrivated assault, then there is something seriously wrong with the system. It means that the money being lobbied is more important than the welfare of the people in a country.

      Nothing new in our modern civilized societies though. Ick... that sounded bitter.

      --
      You take it, I don't want it...
    6. Re:Don't forget the children! by Conor+Turton · · Score: 0, Troll
      The people who whine about this shit don't understand that it just isn't that big of a deal in the grand scheme of things. A very small amount of the population stands to lose, while more of the population stands to gain.

      Stupid fucking moron. The people who are losing are the people who create it. With games for example costing £millions to make, eventually they'll get to a point where they can no longer afford to do it and go out of business so anything they would have come up with in the future no longer happens. Who wins then? It's the fucking morons like you who are the ones who don't understand.

      I bet you still live at home with your parents and are at best a wage slave.

      --
      Conor "You're not married,you haven't got a girlfriend and you've never seen Star Trek? Good Lord!" - Patrick Stewart
    7. Re:Don't forget the children! by Travelsonic · · Score: 1

      ...if you make and sell content that others copy and distribute for free, they have taken away your hard work and put you out of business.

      Which automatically assumes that is the ONLY reason you get put out of business, which is a fallacy as there are many other reasons you may fail. That, and the concept of punishment fitting the crime, IMO, always applies.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    8. Re:Don't forget the children! by moeinvt · · Score: 3, Insightful

      Black spots on your Insightful++

      "The people who whine . . .don't understand that it just isn't that big of a deal"

      Yeah, one minor law isn't that big of a deal. Then the next little restriction is trivial, and a further one is insignificant . . . etc. We call that frog soup.

      "A very small amount of the population stands to lose, while more of the population stands to gain . . ."

      That's a very dangerous line of thinking. The same philosophy would apply if we murdered the richest 1% of the population, confiscated their wealth, and then divided it up equally among the remaining 99%. Who could possibly object to a policy that affects so few and benefits so many?

    9. Re:Don't forget the children! by Bloke+down+the+pub · · Score: 1

      Your name is an anagram of "or rotton cunt". Coincidence? I think not.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    10. Re:Don't forget the children! by Anonymous Coward · · Score: 0

      Yeah, one minor law isn't that big of a deal. Then the next little restriction is trivial, and a further one is insignificant . . . etc. We call that frog soup.

      By that line of thinking, we should be putting speeders in jail too - just to show that it's a big deal. I think the parent's point was that copyright infringement can carry extremely heavy repercussions compared to a crime like theft, while being completely non-violent.
    11. Re:Don't forget the children! by mpe · · Score: 1

      From the text of the IPRED 2 directive "Article 3 Offences Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, and attempting, aiding or abetting and inciting such infringements, are treated as criminal offences."

      Interesting how these kind of laws never appear to be used against the likes of SCO or TV stations rebroadcasting other channels without proper acknowlagement.

    12. Re:Don't forget the children! by Anonymous Coward · · Score: 0

      The same philosophy would apply if we murdered the richest 1% of the population, confiscated their wealth, and then divided it up equally among the remaining 99%. Who could possibly object to a policy that affects so few and benefits so many?

      Don't be silly. That 1% of the population is the one that counts. A rich person is worth many, many times an average worker. You could slaughter the vast majority of the population, and the economy wouldn't really notice as long as the richest people would be left untouched. The menial jobs can be taken over by cheap immigrants.

      People aren't worth that much on their own, it's that simple.

    13. Re:Don't forget the children! by billcopc · · Score: 1

      That's exactly the problem: YouTube is a gallery of ignorance. All the content is posted by uncreative teenagers doing those stupid lip-sync videos, seems like a huge waste of bandwidth and mind share. Perhaps 1% of the content is actually worth watching, for example last night I stumbled upon a new TV show by a French comedian I really like, that he had uploaded himself for self-promotion. Now I can either catch it on TV, or perhaps he'll continue to upload weekly episodes. Either way, had it not been for YouTube, I would never have known since I don't watch TV much anymore, but I will gladly make some time for this brilliant actor's intellectually-charged talk show. The shame is that I found it purely by accident, I was scouring the day's most popular videos in search of trends, looking for ways to virally market my new projects. If YouTube had mods, I might not have had to sift through hundreds of teen videos and my findings might not be such a product of dumb luck.

      --
      -Billco, Fnarg.com
    14. Re:Don't forget the children! by Moofie · · Score: 1

      90% of everything is crap, and you don't get to judge what is or is not crap for other people.

      Sorry.

      --
      Why yes, I AM a rocket scientist!
    15. Re:Don't forget the children! by Anonymous Coward · · Score: 0

      What a lame troll. The internet ain't what it used to be...

  2. Copyright as an election issue by hellsDisciple · · Score: 5, Insightful

    Funny how politicians go up for election claiming this, that and the other - usually things like tax, education, health and transport. Then suddenly once they're in, enforcing draconian controls on digital media is what's important - would they get in if that's what they said up front?

    1. Re:Copyright as an election issue by EvilNTUser · · Score: 3, Insightful

      And in addition to that, would even the laws themselves ever be approved if they weren't enforced selectively? If developing file sharing apps is now criminal, they should start their lawsuits here.

      I wonder what they'll try to pull when everyone switches to encrypted and friend-routed sharing...

      --
      My Sig: SEGV
    2. Re:Copyright as an election issue by Anonymous Coward · · Score: 0

      Report them to the police then.

    3. Re:Copyright as an election issue by TapeCutter · · Score: 3, Interesting

      I have for a long time supported the idea that media featuring a politicians official pontifications should automatically be in the public domain so that large media players (with access to..say...the WH press room), can't hoard this stuff in an effort to pick and choose what the public should be constantly reminded of. Media businesses should be compelled to deposit a copy of the raw footage or transcript to an extended public library service (libraians are tougher than they look). I belive in some countries a similar idea was/is a requirement of running a newspaper?

      OTOH: The general public needs to be more forgiving when a politcian "flip-flops", consistency is an admirable trait but impossible for a leader that is willing to listen, learn and adapt to "changes on the ground". "Sorry I fucked up" should not automatically bring calls for resignation, impeachment, ect. (BTW: Don't take this as support for anyone in particular, IMHO some of the neo-cons deserve a CIA trip to ***stan for questioning).

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:Copyright as an election issue by montyzooooma · · Score: 3, Funny
      "I wonder what they'll try to pull when everyone switches to encrypted and friend-routed sharing..."

      Jesus! You mean I'm going to need friends now? Those fascists at the **AAs have found my weakness...

    5. Re:Copyright as an election issue by Anonymous Coward · · Score: 0

      This is the European Commission: they're not elected. And the more arbitrary directives they produce, becoming law by default, not to mention and used by govts. particularly in the UK to launder crackpot legislation of their own ("We have to do this--it;'s a EU directive...") the more I wish we had a Bureau of Sabotage to hamper the lawmamking and enforcing capacities of Governments.

      Where is Jorj X. McKie when we need him?

    6. Re:Copyright as an election issue by Soruk · · Score: 1

      Forget SSH.

      Filesharing can be done with MSIE, at least the downloading side of things. Perhaps they should go after Microsoft? ;)

      Actually, filesharing would be a lot harder if it wasn't for the TCP/IP stack. And if TCP/IP were to be banned, practically every ISP on the planet would be against such a move.

      --
      -- Soruk
    7. Re:Copyright as an election issue by Anonymous Coward · · Score: 0

      Nonono, they should sue US DoD for a couple of hundred billion. After all, they created what became Internet.

    8. Re:Copyright as an election issue by Anonymous Coward · · Score: 0

      Ook!

    9. Re:Copyright as an election issue by PastaLover · · Score: 1

      The European Commission is appointed by the EU's participating countries, so in a sense they are elected. Directives usually pass by parliament (which is directly elected), so they're not "law by default". If they were, there would be no point in writing to your MEP now would there?

  3. No more laws by Ckwop · · Score: 4, Insightful

    I want a new directive. One that bans all member states from making any new laws for the next ten years.

    Think about this for a second, think of one piece of legislation passed in the last ten years that has positively impacted anyone you know in the first world? I can't think of a single thing, not one, nothing. Maybe this is a failure of imagination on my part but on the whole laws in the last ten years have been mostly negative.

    Maybe voting is declining in Britain not because of athapy, per se, but because people like myself our realizing the truth. Our politicians are powerless - they can't do a thing to change the plight of the average person on the street. They can raise taxes, lower taxes, pass all sorts of laws but they can't stop the dickheads burning people's bins or the fourteen year olds buying cider to vomit up on the street.

    In short, what's the point in voting when both parties are equally as corrupt and when the decisions taken there never effect you? It's a powerful argument but not one I personally agree with. I vote not for myself but because a great many lives were lost trying to defend that vote. The tragedy is that this generation has come to find that their vote would be more productively used as toilet paper than a means of expressing your opinion.

    We need a new sort of politics. A politics where local issues and common people are listened to. A politics where the career of the politician matters less than serving their constituents. A politics where issues are not decided based on the party your belong to but what improves the lives of the people of the country. We need a politics where an honest politician is not considered an oxymoron. We need a rupture from the past and we need it more urgently than ever before.

    Simon.

    1. Re:No more laws by fanpoe · · Score: 1

      Party politics is a bastardisation of democracy.

      I'll vote for anybody who promises to introduce a "None of the above" option in Britain... or I would if I believed them!

    2. Re:No more laws by joshier · · Score: 1, Interesting

      Good post. I'd also like to see a fully transparent tax system, whereby *you* choose where the tax money you paid for goes.. you hate the road conditions where you live? direct it at that. You want a better quality play park for your kids? direct it at that.. and so on.

    3. Re:No more laws by aitikin · · Score: 5, Insightful

      The problem then arises that things such as education, parks, police, and anything else that isn't quite so important to the general public goes down hill, or at least that's what would happen here "in the colonies."

      The general public has a tendency to not want to spend money on anything that doesn't directly effect them, so they won't care if the police department looses its funding unless they've recently been robbed, they won't care about the money going to schools unless they currently have or plan on having kids in the immediate future, they won't care about the parks unless they live by them. This would only pose more problems in the long run unless the general public suddenly becomes smart, which I don't think can happen.

      As the T-shirt reads, "Never underestimate the power of stupid people in large groups.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    4. Re:No more laws by dunkelfalke · · Score: 2, Informative

      Think about this for a second, think of one piece of legislation passed in the last ten years that has positively impacted anyone you know in the first world?

      well, i like this one
      this one is also very good. unfortunately the member states prefer to ignore this one.

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    5. Re:No more laws by Anonymous Coward · · Score: 0

      We need a politics where an honest politician is not considered an oxymoron. We need a rupture from the past and we need it more urgently than ever before.

      It is no UK specific stuff... the need to change from all this bullshit was and is still also the main point in the current french elections. The problems is that the corrupted bullshit is replaced with some spectacular, tv bullshit. In the past, politicians were not doing as much for people as for themselves, now they still do not do much, but they manipulate medias positively.

      Hopefully, they also keep most of the population illiterate and blind to reality.
    6. Re:No more laws by jez9999 · · Score: 5, Insightful

      I urge everyone to vote Lib Dem. They're committed to improving the electoral system (check out the 'better governance' consultation paper), which includes implementing a system of proportional representation. This is the foundation for good government. They may well have policies that you disagree with; I don't like their fondness for the EU, nor their support of Labour's road charging idea. However we only need them in office for 1 or 2 terms to fix our godawful electoral system, and then we can actually start voting for parties that are actually GOOD, and our vote will be useful. Vote Lib Dem.

    7. Re:No more laws by EsbenMoseHansen · · Score: 1

      I have had thoughts along these lines. I was thinking... maybe 10% of your taxes could be directed where you wanted? Even if all those 10% went to something really stupid (like sports), the other parts would only be hurting, not destroyed. And by that hurting, the general populace would probably learn what it means not to have the police around, or the police would learn to be important to have around.

      I agree going all the way in one step would be silly. Maybe in a hundred years ;)

      Privately, I hope this would cure the "we should use more money on this" when you can just tell people "well, do!". :)

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    8. Re:No more laws by muffen · · Score: 2, Interesting

      I sort of agree with your opinions on politicians, but I disagree with your opinion on voting.

      Not voting means that you accept _any_ government that may be elected, which means that you are accepting the fact that an extreme-right or extreme-left government may win the election.

      Personally, I _always_ vote, generally for the party I dislike the least, and not because I care who wins from the generally accepted parties, but simply because I do _not_ accept extreme left/right parties getting a larger share of the votes because I was too lazy to do something about it. In the end, even if an extreme government wins, atleast I tried to stop it, and that counts for something, atleast to me personally.

    9. Re:No more laws by houghi · · Score: 3, Insightful

      I note one proposal to make this Congress a two-house body. Excellent-- the more impediments to legislation the better.

      But, instead of following tradition, I suggest one house of legislators, another whose single duty is to repeal laws. Let the legislators pass laws only with a two-thirds majority... while the repealers are able to cancel any law through a mere one-third minority.

      Preposterous? Think about it. If a bill is so poor that it cannot command two-thirds of your consents, is it not likely that it would make a poor law? And if a law is disliked by as many as one-third is it not likely that you would be better off without it?
                                - Heinlein

      --
      Don't fight for your country, if your country does not fight for you.
    10. Re:No more laws by Anonymous Coward · · Score: 0

      I'm sure a few civil liberty laws have passed in the last decade. What about recent laws allowing gays to marry and adopt?

      How about laws helping to increase participation of disabled people in society?

      Laws limiting pollution? Laws increasing conservation or reserving areas for conservation practices?

      Laws such as those have passed in other countries I am familiar with - I bet some have passed in the EU as well.

    11. Re:No more laws by malsdavis · · Score: 2, Informative

      unfortunately the member states prefer to ignore this one.

      This is where most people here completely misunderstand the EU. Member states implement EU directives via laws introduced by their own parliaments, with the wording of law therefore very much down to the individual country (with the exception of directives relating to the Common Agricultural Policy). A member state can't completely ignore an entire directive indefinitely, but they can water-down or tighten-up a directive as they see fit (the word "directive" should give that one away, as opposed to EU "regulations" which are directly enforcible).

      All the posts on here implying that the passing of this directive now instantly means all EU countries have much stricter anti-piracy laws are simply wrong. The "good" EU countries like Sweden will all but ignore this law, whereas the "bastard" countries (like the UK, where I live, and who were largely behind this directive) will introduce even stricter controls then the directive calls for.
    12. Re:No more laws by TheVelvetFlamebait · · Score: 1

      Think about this for a second, think of one piece of legislation passed in the last ten years that has positively impacted anyone you know in the first world? I can't think of a single thing, not one, nothing. Maybe this is a failure of imagination on my part but on the whole laws in the last ten years have been mostly negative.
      It would seem that way. Most laws are designed to cement the illegality of things that would otherwise be immoral, or directly associated with other illegal activities. Ergo, the the things they prevent would be already be very uncommon, and so you would be hard-pressed to find someone who would directly and definitely benefit. Moreover, these laws are preventative, so you can never tell whether or not it would have helped you.

      That said, I realise that copyright and piracy are extremely contentious subjects on Slashdot, so I'll add that the above is (obviously) not universally applicable.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    13. Re:No more laws by teh+kurisu · · Score: 1

      In short, what's the point in voting when both parties are equally as corrupt and when the decisions taken there never effect you?

      Well on the 3rd of May I'll have the choice of at least seven parties on the regional list, all with a reasonable chance of being elected. But the constituency vote is the same old nonsense where I have to vote Lib Dem to keep the Tories out. I think there's room for improvement here...

      A politics where issues are not decided based on the party your belong to but what improves the lives of the people of the country.

      Basically, I think party allegiances should be banned from the constituency vote, so that those elected have a responsibility to the voters and the voters only.

      Think about this for a second, think of one piece of legislation passed in the last ten years that has positively impacted anyone you know in the first world?

      You couldn't have thought very hard. Off the top of my head...

      ...have all benefited me personally.

    14. Re:No more laws by Anomolous+Cowturd · · Score: 1

      Not voting means you don't approve of any of the candidates. A low voter turnout robs the government of legitimacy. In my opinion null votes should count towards "empty chair" positions in the government, which automatically vote against any new legislation. That way if the populace is disgusted enough with the choices, the elected government will be completely impotent, as it ideally should be.

      --
      Software patents delenda est.
    15. Re:No more laws by dunkelfalke · · Score: 1

      i do understand. i meant that the member states ignore the laws they had to implement because of the directive.
      remember the story with the airline passenger data transfers?
      the data was transferred although it was unlawful and everybody knew that.
      the european court of justice has decided, after two years, that it was unlawful.
      the eu countries still transfered data after that.

      remember the story with the german policeware.
      it is unlawful and everybody knows that.
      but the politicians don't give a damn - the policeware is already used for a couple of years now.

      the biggest problem in the modern world is the legal immunity of parliament members and the government, that's why the politicians can afford not to give a damn about the laws and the constitution.

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    16. Re:No more laws by _LORAX_ · · Score: 1

      Why not just NOT tax that 10% and the citizen can donate it to whom ever they want? What a concept!

    17. Re:No more laws by thygrrr · · Score: 1

      That's a really neat idea. Thanks for sharing it.

    18. Re:No more laws by Tim+C · · Score: 1

      Our politicians are powerless - they can't do a thing to change the plight of the average person on the street. They can raise taxes, lower taxes, pass all sorts of laws but they can't stop the dickheads burning people's bins or the fourteen year olds buying cider to vomit up on the street.

      Of course they can. For those specific problems, for instance, they could make more money available to the police for recruitment and training and cut the amount of paperwork they have to do, targets they have to meet, etc, thus allowing them to actually get out on the beat again.

      All that costs money, though, and very few people win elections by substantially raising taxes.

    19. Re:No more laws by moeinvt · · Score: 1

      I concur, it seems like every law I see passed in Europe OR the U.S. is something I consider bad. I wonder who's representing my interests. Europe is on a bit of a roll lately. A couple of days ago it's a free speech reduction act: http://yro.slashdot.org/article.pl?sid=07/04/25/20 40200

      Now this anti-fair use law, and the whole 24x7 police monitoring thing in the UK from a few weeks back.

      Maybe I'm dwelling on the negative, but when was the last time we saw some legislation(not a court ruling) in Europe or the US which actually strengthened ORO?

    20. Re:No more laws by endianx · · Score: 1

      In the United States that would almost completely stop legislation from being passed, due to all the partisan politics. ...I love it!

    21. Re:No more laws by prentiz · · Score: 1

      I urge everyone to vote Lib Dem. They're committed to...proprotional representation Proportional representation is already the system used to elected British MEPs! In fact in this case it makes things worse, because it makes MEPs accountable to their parties and not to their electorates. It's this sort of unaccountability that lets MEPs get away with voting for silly nonsense like this - we want less not more of it! More generally the only thing that PR delivers is weak governments and perpetual coallitions - not a recipe for success.

    22. Re:No more laws by EsbenMoseHansen · · Score: 1

      I rather think that would just end up lowering the taxes 10%. Such cuts would have to be financed... and while I'd happily point out where those 10% could be saved, I don't think my suggestions would be applauded by the broad populace :)

      However, directly allocating just the 10% might get more people interested in national finance, and kill some of the current loathing of politicians and apathy that is poisoning our democracies. On the other hand, it might not, of course.

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    23. Re:No more laws by Hognoxious · · Score: 1

      A member state can't completely ignore an entire directive indefinitely
      Actually they can. France does it all the time. Even if they get round to passing the law, they just don't bother enforcing it. Competition in utilities and fishing quotas are just two examples.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    24. Re:No more laws by hawkinspeter · · Score: 1

      Surely not voting means that you do not accept any government that may be elected. Voting indicates that you accept the elected government even when you may have voted for someone else. Voting also validates the voting system and signifies your agreement with it. It's unfortunate that not voting is seen as laziness rather than civil disobedience.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    25. Re:No more laws by mpe · · Score: 1

      Not voting means you don't approve of any of the candidates.

      A big problem would be working out how many non voters are "don't care" and how many are "none of the above". Unless these are explicit on the ballot.

      A low voter turnout robs the government of legitimacy.

      It could also be a sign of things such as lack of diversity amongst candidates. Which makes it more likely that a voter will be unable to find any candidate who actually represents his or her views.

      In my opinion null votes should count towards "empty chair" positions in the government, which automatically vote against any new legislation.

      That's probably just as wrong in practice than the status quo of assuming that all non voters are apathetic.

    26. Re:No more laws by jez9999 · · Score: 2, Interesting

      PR sure does deliver weak governments and perpetual coalitions, but I think that's a good thing. Care to back up your assertion that it's "not a recipe for success" with some reasoning?

      A 'strong government' is the government's way of saying a 'government that has too much power', as far as I'm concerned. Look, politics should reflect the debates people are having in real life. Laws *should* be hard to pass, coalitions *should* have to be formed to get them through; that represents a majority of people actually having to agree on something in order for it to be made law, which makes it more likely it will be a good law.

      I totally don't get your assertion that PR is what's behind MEPs voting for 'silly nonsense', anyway. Are you telling me that MPs, under our current system, and *not* accountable to their parties? How do you explain whips, and backbenchers always 'towing the party line' in votes for laws that are totally unpopular with the electorate, such as ID cards, tuition fees, or contraversial NHS reforms? MPs will *always* be accountable to their parties, but this is fine, because their parties are accountable to the electorate. PR simply makes the parties a lot MORE accountable, because they know that people can and will get rid of them if they screw up, instead of voting for them out of fear that an even-worse party will get an unfair majority.

    27. Re:No more laws by maxume · · Score: 1

      The safe harbor provisions in the DMCA are actually pretty good.

      --
      Nerd rage is the funniest rage.
    28. Re:No more laws by MrSteveSD · · Score: 1

      I agree. Our first past the post system makes it very difficult for new parties to establish themselves as well as rendering many peoples votes totally wasted. Labour acutally promised to look at PR, but they never have.

    29. Re:No more laws by mike2R · · Score: 1
      ...proportional representation...

      You know I like a lot of what the Lib Dems stand for, but I just can't see what is so good about proportional representation. As far as I can see it would lead to:

      1. Perpetual coalition government - not a good thing IMO since it can lead to governing coalitions that last for decades (Austria until recently for eg).
      2. Voting by party not by candidate - so even more powerful parties. All MPs have to toe the line or not get on the list, and there is no chance for individual unpopular politicians in a popular party to be voted out.
      3. Much less importance given to local issues by the national government.
      4. More seats for the Lib Dems - the only reason they seem to support it, which makes me a lot more cynical of them than I otherwise would be.
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    30. Re:No more laws by LordSnooty · · Score: 1

      Didn't need to once they got in!

    31. Re:No more laws by witte · · Score: 1

      That's a very interesting idea.
      Unfortunately this will never be possible in western society : such a system would destroy any status-quo that enables a ruling class of those-more-equal-than-the-others to maintain power.

    32. Re:No more laws by jez9999 · · Score: 1

      1. Perpetual coalition government - not a good thing IMO since it can lead to governing coalitions that last for decades (Austria until recently for eg).

      As opposed to our current system with 2 virtually identical parties vying for the politically-correct centreground, closing their minds to many new ideas for fear of losing votes from certain sectors? The current system is worse than coalitions would be. Whatsmore, at least with coalitions, there would be a lot more small parties in the commons that could exert a lot more influence, and even (if the main coalition was pissing everybody off) become powerful enough to veto that coalition (maybe by forming a secondary coalition). Politics would basically be more dynamic, and I think the discussion of ideas would have to be more open owing to the greater variety of people taking part.

      2. Voting by party not by candidate - so even more powerful parties. All MPs have to [tow] the line or not get on the list, and there is no chance for individual unpopular politicians in a popular party to be voted out.

      Parties are *currently* very powerful. Blair and Cameron virtually rule by diktat. However, the idea that the parties would always decide which politicians took up the seats is a myth usually perpetuated by people who don't want to see a fairer (PR) electing system. That is called 'closed-list' proportional representation. I would advocate 'open-list' proportional representation, where the voters DO vote for a particular candidate. The vote initially goes toward that candidate's party. Once it has been decided how many seats each party gets, the number of votes per candidate are used to decide which ones get into parliament... so there IS incentive for individual candidates to go out and campaign and adopt policies that the voters like, and the parties DON'T get to pick which candidates get the seats. The parties could be allocated, perhaps, 5 seats for which they could choose the candidates to go in them, just to make sure that very key people in the party (head of party, deputy, etc) don't get prevented from entering parliament.

      By the way, the current system is pretty much as bad as you suggested *already*. They put the candidates they really want to be in parliament (Blair, Brown, Prescott, and other assorted nasties) in very safe seats, so they're effectively picking exactly who they want anyway.

      3. Much less importance given to local issues by the national government.

      I say: Good. I see no reason why a *national* parliament should be addressing local issues; that's what local government is for (and local government in the UK, by the way, should be normalized and its power beefed up greatly, so it could operate better without help from the commons). National government should NOT be the first port of call for people wanting to address a local issue. You should NOT be thinking of going to your local MP, you should be going to your local councillors. Right now, the only reason MPs like being able to claim they 'represent' a constituency (which of course they don't because they are almost all elected by a minority) is so they can wheel out some constituent by name in PMQs to 'personalize' an issue and make it harder for the PM to respond, because it might look like he was treating a non-politician with contempt (eg. "Can the PM explain why Mrs. Johnson, one of my constituents, could not get a hip replacement for 2 years?!?!!" ... musn't make people think I hate Mrs. Johnson!). This is cynical behaviour and, if anything, an argument *against* local issues having a place in the commons.

      4. More seats for the Lib Dems - the only reason they seem to support it, which makes me a lot more cynical of them than I otherwise would be.

      Well, you started out by saying that you quite liked them, so you're somewhat contradicting yourself. Yes, it would give them more seats, because it would be a much fairer system. That's no reason to be cynical. There's no reason they can't support something that helps them and JUST HAPPENS to be the Right Thing To Do, as well.

    33. Re:No more laws by mike2R · · Score: 1

      Thanks for replying. You make a lot of points, and I hope you'll forgive me if I go through them one by one - I'm not so much disagreeing with you as articulating some long held doubts about proportional representation.

      As opposed to our current system with 2 virtually identical parties vying for the politically-correct centreground, closing their minds to many new ideas for fear of losing votes from certain sectors?

      I'd say the current consensus is simply where British politics is at the moment - I don't really see this as something that is effected by the voting mechanism; rather that Thatchers reforms shifted the consensus to the right, something I think would remain whatever the voting system.

      at least with coalitions, there would be a lot more small parties in the commons that could exert a lot more influence, and even (if the main coalition was pissing everybody off) become powerful enough to veto that coalition (maybe by forming a secondary coalition). Politics would basically be more dynamic, and I think the discussion of ideas would have to be more open owing to the greater variety of people taking part.

      I pretty much agree with this - certainly PR would allow small nationally focussed parties (eg Greens) to take the power their share of the vote deserves. In this way I'd agree it is more dynamic, however you have to set this against the dead hand of the coalition viewpoint, which is my principle fear (the Austrian example scares me to be honest - 30 years? 40 years? of the same coalition. No wonder the far right found a foothold.).

      That is called 'closed-list' proportional representation. I would advocate 'open-list' proportional representation, where the voters DO vote for a particular candidate. The vote initially goes toward that candidate's party.

      I have to admit I'd never heard of the distinction before. However, off the top of my head, that does seem to be a system that would be implemented party by party, rather than being a legal requirement. I'd fear that Labour and the Tories might take a different route.

      I fear that the simple mechanics of a PR system would lead to parties even more powerful than they are now.

      By the way, the current system is pretty much as bad as you suggested *already*. They put the candidates they really want to be in parliament (Blair, Brown, Prescott, and other assorted nasties) in very safe seats, so they're effectively picking exactly who they want anyway.

      I think (and from what you said about allocated seats I think you agree) that in a system where ministers are drawn from elected MPs (lets forget the lords for a second) parties do need to be able to have a reasonable degree of certainty about some key people. At least with first past the post there is always an option to vote just them out (did you stay up for Portillo?)

      I say: Good. I see no reason why a *national* parliament should be addressing local issues; that's what local government is for (and local government in the UK, by the way, should be normalized and its power beefed up greatly, so it could operate better without help from the commons). National government should NOT be the first port of call for people wanting to address a local issue. You should NOT be thinking of going to your local MP, you should be going to your local councillors. Right now, the only reason MPs like being able to claim they 'represent' a constituency (which of course they don't because they are almost all elected by a minority) is so they can wheel out some constituent by name in PMQs to 'personalize' an issue and make it harder for the PM to respond, because it might look like he was treating a non-politician with contempt (eg. "Can the PM explain why Mrs. Johnson, one of my constituents, could not get a hip replacement for 2 years?!?!!"

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    34. Re:No more laws by jez9999 · · Score: 1

      I'd say the current consensus is simply where British politics is at the moment - I don't really see this as something that is effected by the voting mechanism; rather that Thatchers reforms shifted the consensus to the right, something I think would remain whatever the voting system.

      I disagree. Had Labour not had the ridiculous majority they still enjoy, nothing like as many bad reforms would have been put through, we'd be less close to Europe (because of UKIP's influence), taxes would be lower (Gordon Brown's raiding of pensions and council funding to fund the NHS wouldn't be so easily implemented) ID cards and road pricing wouldn't even have made it onto the agenda, and MANY other things. The government would be much more held to account, and if they screwed up, their coalition partners would hopefully give them a kick up the backside. You only have to take a look at the opposition to the Iraq war and things like the 1 million+ anti-road charging petition on the 10 Downing St. website to see that Labour's policies are not 'where British politics is at' at the moment. Unless you define British politics as a select few who frequent the house of commons. I'd rather it was more inclusive.

      however you have to set this against the dead hand of the coalition viewpoint, which is my principle fear (the Austrian example scares me to be honest - 30 years? 40 years? of the same coalition. No wonder the far right found a foothold.).

      I don't understand the phrase, 'dead hand of the coalition'; but anyway I just don't understand why it would have to be that the same coalition remained for 40 years. The point is, under PR, people would have the POWER to get some other parties in, very very quickly, if they got sick of the incumbents. 'Safe seats' and 'hotbeds' of party support would not skew the results in certain parties' favour. Not sure what caused the Austrian system to be the way it is, but take a look at Israel and Finland; their systems seem to work pretty well.

      I have to admit I'd never heard of the distinction before. However, off the top of my head, that does seem to be a system that would be implemented party by party, rather than being a legal requirement. I'd fear that Labour and the Tories might take a different route.

      No way; open list would be implemented in law. It would be part of the rules of the electoral system. The parties put their candidates forward, select 5 to be sure of getting in, and the system does the rest. After the guaranteed (eg.)5, the MPs are put into parliament based on 1) the number of seats their party got and 2) the number of votes they themselves got.

      I fear that the simple mechanics of a PR system would lead to parties even more powerful than they are now.

      It wouldn't.

      I think (and from what you said about allocated seats I think you agree) that in a system where ministers are drawn from elected MPs (lets forget the lords for a second) parties do need to be able to have a reasonable degree of certainty about some key people. At least with first past the post there is always an option to vote just them out (did you stay up for Portillo?)

      So, do you think they should be able to be sure of having some key people or not? Should you be able to vote them out or not? You're contradicting yourself. I'm saying they should have something like 5 guaranteed, the rest chosen by the electorate. As for Portillo, the 1997 election was truly exceptional, and I'm not sure how safe his seat was but it couldn't have been one of the safest Tory seats... think you could get Blair, Brown, Prescott, etc. out of office? You'd pretty much have to move 100,000 people en masse into their constituency to stand a chance. Even so, it took an absolutely overwhelming hatrid of the Tory government to get them out of power, and I think that actually shows the failure of our system. The country has lurched to Labour for far too long, and they're now pretty much worse than we had before. It shouldn't take that m

  4. "Harmonizing" usually is a lobbying issue by Opportunist · · Score: 2, Informative

    "Harmonizing" only means that laws in different EU countries are brought to par so that every country has the same law. Now, lobbies have more or less power in various countries. In general, you can be fairly certain, though, that companies that invested a lot of money into laws in one country won't allow this to change and get more lenient, thus the politicians of the countries with a lot of lobby influence tend to be quite vocal to get their law pushed up to EU levels.

    I mean, don't bite the hand that feeds you. Makes sense, doesn't it?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  5. The great lie by Anonymous Coward · · Score: 1, Insightful

    attempt to harmonize the copyright laws

    That's the lie that has continupously been used to increase copyright law for copyright holders. That's why copyright term was extended in the US - "to harmonize" with german/european law. They needed to "extend it" because the nazis suspended copyright during WWII. So th US law had to be extended to match their term length.

    However, if you notice, copyright law was not suspended in the US during WWII.

  6. Criminalization by biocute · · Score: 1

    I think they should also criminalizes voyeurism. While the victims don't actually lose anything physically, the offenders do gain something from the action.

    1. Re:Criminalization by hatchet · · Score: 1

      An erection?

  7. Inciting, Aiding Copyright Infringement a crime by Anonymous Coward · · Score: 4, Insightful

    Inciting or abetting or aiding a copyright infringement is also a crime.

    Windows contains a CD ripper, there is no fair use in EU law, you are not allowed to rip CD, Windows is a commercial product, this fits the commercial scale aiding of piracy. It is no different from any other copying device. So how about we demand the criminal prosecution of Microsoft?

    BSA was a strong backer of this law, essentially to protect Windows. So it would be fitting if we could get Microsoft as it's first victim. Nokia next, their phones can play MP3s. They also backed this law.

    You may have difficulty getting enforcement, since this is a dipshit law and the policemen know it, but you can often file Ombudsman complaints against the police if they fail to enforce the law in some cases but not others.

    This is a golden time, every major backer of this law is guilty of some infringement of it. You don't even need to be the copyright holder to file a complaint under this law! How cool is that? A law so vague every MP3 makers, duplicating machine maker, computer maker, phone maker, search engine maker, is guilty of violating it.

    1. Re:Inciting, Aiding Copyright Infringement a crime by delt0r · · Score: 1

      there is no fair use in EU law. But each country has its own copyright law. Austria for example does have fair use clause.
      --
      If information wants to be free, why does my internet connection cost so much?
  8. Great! by koreth · · Score: 1, Flamebait

    Now maybe Europeans will start making music and movies and writing books. Until now nobody there had any reason to produce art -- it would just have been pirated, so what would have been the point?

    1. Re:Great! by sauron_of_mordor · · Score: 1

      How did you get a score:2 ???

    2. Re:Great! by fanpoe · · Score: 1

      I think he just forgot the <sarcasm> tags.

      It's easily done. I do it all the time

    3. Re:Great! by HTH+NE1 · · Score: 1

      How did you get a score:2 ??? Good Karma.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  9. Has nasty implications by cyberbob2351 · · Score: 3, Insightful

    I fear the day that someone develops a nice killer app that turns out (entirely unexpectedly and unintentionally) to fuel piracy.

    It could be a blog software with a vulnerability that some dev has no time to fix, or it could be some new secure p2p IM service with a casual file transfer built in. Any other software manifestation that carries with it honestly wonderful intentions can be construed as criminal in the hands of its users.

    How does the opensource community, comprised of software authors with no legal protection, manage to protect their continued activities? Does anyone else fear the implications this has for entire opensource OS's and kernels that could somehow be construed as having code that "aids piracy" in some remote fashion? Softmac support in the form of people on wifi hotspots is one example I can think of.

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    1. Re:Has nasty implications by Dragonslicer · · Score: 1

      Never mind software vulnerabilities or theoretical IM programs, what about all the existing file sharing programs? We have to prosecute those evil criminals that promote music piracy. We must find whomever is responsible for such piracy systems as FTP, HTTP, and even IP.

  10. Some other links by jdh41 · · Score: 2, Informative

    The FFII and the Vrijschrift.org Foundation tell us some more about how bad it could be.

    The big one as far as I'm concerned is ``incitement to infringe'', which could open software writers to massive problems.

    1. Re:Some other links by BruceCage · · Score: 1

      In "The Second IPR Enforcement Directive -- A Threat to Competition and to Liberty" the Foundation for Information Policy Research (FIPR) describes why they oppose the directive.

      --
      Perfect is the enemy of done.
  11. Doubled edged sword by Anonymous Coward · · Score: 0

    So you could potentially go to jail for violating the GPL?

  12. Re:Anything that criminalizes YouTube, Google etc. by fanpoe · · Score: 2, Insightful

    In the name of providing video sharing services or Search engines, these sites indulge in mass copyright violation that requires the owners of copyrights (server admins) to set things like robots.txt etc.

    • The owners of copyrights may not even have a website
    • ...and even if they do they may not put their videos up there
    • ...and even if they did a robots.txt would make no difference. YouTube et al do not send out spiders to collect videos. The videos are uploaded by users who are unfamiliar with, or just don't give a damn about, copyright law.

    Having said that, I can see where you are coming from in that such sites do enable the uninformed or unconcerned to infringe on others' copyrights. However such sites also have a legitimate use as venues for user generated content. The UGC on such sites may not interest you but, to judge my stepsons behaviour and that of their friends, there is an upcoming generation that does appreciate it and is more willing to create content rather than just be a passive consumer. As far as I'm concerned this is a positive thing and criminalising the video sharing sites to protect the rights of big business is throwing the baby out with the bathwater.

    There are always those looking for a free ride. You do what you can to reduce such attempts so that whatever you are doing is worth while and live with the rest. (Unless you work for big media businesses in the 21st century in which case you try to buy politicians and laws to put budding competitors out of the picture.)

  13. Hahaha by Nephrite · · Score: 1

    Nice try with the poll, RIAA goon.

  14. All you who think the EU isn't bought.... by kcbrown · · Score: 0, Troll

    ...can shut up now.

    Nobody to speak of except big multinational corporations want draconian copyright legislation, and yet said copyright legislation is exactly what the EU is passing.

    What more proof do you need that the EU is bought and paid for just like the US? Individual freedom and self-determination don't matter any more in the face of corporate profits there any more than in the US (which is to say, not at all).

    And with Russia and China both either already totalitarian or damned close to it, there is hardly any place in the world where individual freedom is cherished.

    Soon, there won't be any place left on the globe where individuals are free. So enjoy what freedom you have. At this rate, you won't have it for long.

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    1. Re:All you who think the EU isn't bought.... by Jesus_666 · · Score: 1

      The EP is quite lobbyable. The software patent opponents successfully lobbied them to strike down the European Patent Directive - the last vote ended with ~95% votes against. It's hardly surprising that someone else talked them into voting for their law.

      However, in contrast to the US the EU seems to be less about money and more about talking and (mis)information - the advantage is that non-corporations can play that game, too.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    2. Re:All you who think the EU isn't bought.... by Anonymous Coward · · Score: 0

      Freedom in society means absolutly NOTHING. Time for you to realize it, grow up boy.
      Want to hunt for your food and live wherever you want ? NO WAY. You are not free, whatever the country.
      Even if you were in a lost forest, if you hunted stuff another tribe living here adore, you would be dead as soon as you are discovered.
      Freedom does NOT exist.

    3. Re:All you who think the EU isn't bought.... by fanpoe · · Score: 1

      Freedom in society means absolutly NOTHING

      Only if you believe that freedom is a digital, on or off, affair.

      If you think that there can be degrees of freedom, or even separate conflicting axis of freedom then the idea of freedom in society is not such a meaningless concept.

      At the risk of upsetting the Merkins, only "absolute freedom in society", or indeed "absolute freedom" is an oxymoron.

  15. I don't understand: isn't this good? by cyclop · · Score: 5, Interesting

    I'm all for legalizing free, noncommercial share of copyrighted information (that is, what it's called "end user piracy" today). As far as TFA says, it seems Europe now explicitely protects the end user right to share copyrighted information: something that previous Italian legislation, for example, explicitely *criminalized*, instead.

    It seems to me that the law bans commercial, money-making piracy (that's OK for me). As for the "banning p2p software", I've not found clear references. Can someone explain me better?

    --
    -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    1. Re:I don't understand: isn't this good? by jonastullus · · Score: 2, Informative

      If this user downloads pirated material and use this only for his own entertainment [...] he or she can not be prosecuted through the new directive. For one thing the article just talks about DOWNLOADING, which is only half of any functioning P2P system. Furthermore I'm not quite sure how people are supposed to download content if the P2P systems are banned. But from the measly article it's hard to glean any kind of information about any of this ;(

    2. Re:I don't understand: isn't this good? by vivaoporto · · Score: 5, Informative
      Exactly, and it shows how much editorialized is Slashdot these days, trying to make everyone else look worse so U.S. doesn't look so bad. Take a look at this other submission, in the firehose:

      andyteleco writes "Yesterday, 25/04/2007, the European Parliament voted in favour of a proposal to modify the EU Parliament and Congress directive regarding penal measures destined to enforce Intellectual Property rights. the directive finally establishes in Article 3 that the member states will be responsible of considering as a criminal infraction all intentional IP offences committed at a commercial scale, as well as complicity and/or incitement to these offences. According to Amendment 13, Article 2 of the directive excludes culpability of the acts performed by private users for personal non-profit usage. Read the entire text"


      So now E.U. citizens have the explicit right to make private copies for personal non-profit usage (something in line with the Betamax decision on U.S.), but infringement, complicity and incitement to infringement on commercial scale now holds harsher penalties. Slashdot groupthink like to imagine that they are the center of the world, and every piece of legislation is there to restrict their freedom, is aimed to them but in fact, this legislation main target is not even technological "IP" infringement, but good and old school counterfeiting of goods like clothes, bag and perfumes, that happens to be a big issue to France, for instance.

      I'm all for both freedom for private personal copies and jail penalty for petty criminals that sell counterfeit CDs, DVDs and Dolce&Galbanna clothes on flea markets. The fact that this legislation could be interpreted as bad for the likes of YouTube is purely incidental, a side effect that can or cannot be interpreted this way. Now, cut this "MPAA bought E.U." bullshit. You nerds are not the center of the world, and pointing fingers to Venezuela, China, Brazil, E.U., Iran will not make U.S. problems go away.
    3. Re:I don't understand: isn't this good? by Anonymous Coward · · Score: 0

      So now E.U. citizens have the explicit right to make private copies for personal non-profit usage

      No all it says is that private non-profit use won't be handled under that particular directive. There is nothing that says that individual countries can't make laws governing personal copies or that there won't be other directives tackling that issue separately.

    4. Re:I don't understand: isn't this good? by cyclop · · Score: 2, Informative

      Thanks for the link. In fact, it seems the legislation is not that bad. For example the justification of Amendment 3:

      It should be made clear that the involvement of injured parties in investigations carried out by the police or public prosecutors' offices must not jeopardise the neutrality of those state investigation agencies. Maintaining objectivity and neutrality is part and parcel of the rule of law.

      states basically that MPAA and RIAA cannot go berserk ignoring the neutrality of laws.

      Amendment 16, instead, explicitly protects fair use: Member States shall ensure that the fair use of a protected work, including such use by reproduction in copies or audio or by any other means, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, does not constitute a criminal offence.

      Moreover I see nothing taking sides about P2P software and websites.

      --
      -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    5. Re:I don't understand: isn't this good? by Anonymous Coward · · Score: 0

      Well, the Pirate Bay is certainly guilty of incitement, along with many others. Also, if sharing on P2P were considered to be "on a commercial scale", everyone involved would be guilty of complicity. Does "on a commercial scale" require money to change hands or merely enough piracy taking place to impact the profits of the affected company?

    6. Re:I don't understand: isn't this good? by Zoxed · · Score: 1

      > As far as TFA says, it seems Europe now explicitely protects

      (I am European, but not an expert in Europolitics but...)

      IIRC, this is a "directive" and, as the word suggests, is simple a request that the European member nations create the relevant laws to implement them. The EU has no power to make laws (yet), so only when this directive is implemented in law in the country you live in are you protected.

    7. Re:I don't understand: isn't this good? by vivaoporto · · Score: 1
      RTF legislation.

      (b) "infringements on a commercial scale" means any infringement of an intellectual property right committed to obtain a commercial advantage; this would exclude acts carried out by private users for personal and not for profit purposes;
      Everybody is talking but nobody read the actual legislation. I know, I know, I'm not that new here on Slashdot, but it is still amazing the ammount of ignorance that can be derived from so few people.

      On ThePirateBay case (and other trackers), as on other non-profit P2P means, it is exactly what the abbreviation means, Peer to Peer, two (or more people) making private copies.

      Except for some bits, the whole language of this legislation is to harmonize E.U. law in order to improve the fight against counterfeiting.
    8. Re:I don't understand: isn't this good? by Halo1 · · Score: 1

      Here are a couple of consequences of the text as voted by the EP. This directive was not and has never been about piracy (although some lobby organisations have tried to hijack it for that purpose). It is only about EU competence extension.

      And fwiw, it does not exclude private users from criminal sanctions. The approved amendment reads:

      (b) "infringements on a commercial scale" means any infringement of an intellectual property right committed to obtain a commercial advantage; this excludes acts carried out by private users for personal and not-for-profit purposes;

      So it says it's on a commercial scale (one of the conditions for an infringement to be in the scope of this directive) if it is "to obtain a commercial advantage". It goes on to say that this "excludes" private users, but that is simply not true. This extra sentence about private users is not phrased as an explicit exclusion, but as an statement which supposedly explains what the first part achieves. However, "obtaining a commercial advantage" can be interpreted as "spending less money". For example when someone illegally downloads a song from the Internet, that person has a commercial advantage.

      The Greens had tabled an amendment to actually exclude private users properly, but it was not carried. It read:

      (b)For the purpose of this directive "on a commercial scale" means a large number of repeated infringements committed in pursuit of a direct pecuniary gain, excluding in particular any act carried out by a private person not intended to earn a profit.

      As you see, here the private use is explicitly excluded, rather than just in a supposedly explanatory statement. And "direct pecuniary gain" and "earning a profit" are quite more strict than "obtaining a commercial advantage".

      --
      Donate free food here
    9. Re:I don't understand: isn't this good? by cyclop · · Score: 1

      So, IIUC, we are in some kind of grey area.
      I guess we have to wait actual implementation in member states.

      --
      -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    10. Re:I don't understand: isn't this good? by Anonymous Coward · · Score: 0

      Except that "commercial advantage" left undefined like that could be saving money in an abstract sense (hence the Green's "direct... pecuniary" amendment, unfortunately rejected). So if I, as a member of the pirate party, say that if we reduce copyright terms that businesses might enjoy lower running costs as old, stable components would enter the public domain, and an opponent says that talking about reducing copyright terms encourages copyright infringement (that sounds stupid, but similar arguments have been used *successfully* in european courts for the only other area where such "incitement" provisions exist), I may be inciting copyright infringement for commercial advantage.

    11. Re:I don't understand: isn't this good? by andyteleco · · Score: 1

      I completely agree, I submitted this yesterday and was suprised at how fast it got rejected, it seems like some people weren't willing that the actual fact be known. Maybe they think it's better to distort the facts and let people believe what they want to believe. From the text of the directive, it's actually quite hard to determine if someone (like PirateBay or P2P servers) have a commercial interest, it's all more or less left to the judgment of every state. EU directives in general tend to be pretty vague (just look at the EU constitution). But what it DOES make clear is that the private usage doesn't fall in this category.

    12. Re:I don't understand: isn't this good? by Anonymous Coward · · Score: 0

      Some things you forget in your eager to interpret this as a good idea (regardless if you think the law is bad or good) are:

      This is the first time the EU moves in and regulates previously untouched areas of politics and law. Many politicians argue that this is one area that the EU was supposed to leave and one that the VOTERS has not been informed is governed by the EU. We specifically voted for these thing in ELECTIONS and there is NO amendment to the EU foundation/constitution that gives the right to govern over these national laws/areas. In other words this is something that is negotiated outside the democratic mandate that the EU holds (would have been legal if the new constitution were not voted down - ironically voted against in FRANCE). Even politicians that argue for harder copyright laws, ban of P2P an son on say the EU must first be altered and ratified to mess with new areas.

          So the harmonization aspect might be good but it also takes away the individual freedom of countries within the EU. We have different cultures and no one wants a EU superstate (except some assholes politicians in the EU lobby). This is the real question. Elite politicians doing stuff without the EU citizens support or votes. Commercial interests had more to say about these issues than the voters!

          Firstly, countries within the EU WILL fight this monster and say its not mandated by the EU to decide. In other many countries will say its not a valid directive.

          Secondly, the directive is invalid in practise until its tested in EU-court! AND countries and individuals will argue against a directive that has no legal merit since the EU has not right to govern these things. My country will and we prefer our more liberal laws - Italy can keep there stricter ones or the can rebel too (the pirate bay way).

      Sorry for the sort of unbalanced text, personal stuff not science.

    13. Re:I don't understand: isn't this good? by julesh · · Score: 1

      So now E.U. citizens have the explicit right to make private copies for personal non-profit usage

      No, that's not what this means. It means it isn't a criminal offence for them to do so; they can still be sued by the copyright holder, they just aren't going to prison for it.

      Do it on a commercial scale, and you end up in prison. This is already the case in most EU countries, I think, so I'm not sure what the directive changes. The FIPR objects on the grounds that it extends criminal liability to intentional patent infringement, which certainly sounds bad to me.

  16. Never by Toutatis · · Score: 1

    It's not illegal in my country, yet. I can download copyrighted materials because it's my right to get a private copy as long as there is no profit motive.

  17. Correction by Jesus_666 · · Score: 1

    I meant "voting for their directive", of course.

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  18. +1 Insightful Sarcasm by Anonymous Coward · · Score: 0

    I don't know who flamebait'd you, but they don't understand sarcasm.

    The claim is that stronger IP laws are needed to encourage people to make things.
    His sarcasm is that, obviously we've been making all kinds of art, so these laws won't suddenly increase the amount of it. More likely they'll decrease a lot of new stuff.

    1. Re:+1 Insightful Sarcasm by fanpoe · · Score: 1

      I don't know who flamebait'd you, but they don't understand sarcasm.

      Looks like they came back as well.

  19. thoughtcrime by jonastullus · · Score: 2, Insightful

    How long will it be until thoughtcrime becomes a punishable offense?

    Excepting end-users doesn't alleviate this at all, especially since almost all end-users also upload copyrighted material in todays P2P networks (hence the acronym).

    Since anyone can write a simple P2P system in a few hours and using just a few hundred lines of code, and since such a client could be applied for all kinds of legal and sensible uses like distributing patches, podcasts, etc, I find it a horrible idea to potentially send people to prison for writing such a system.

    I agree that copyright infringement should be punished, but in light of the high usage of P2P systems no government acting in the interest of its people should criminalize such huge percentage of the people it represents. There has to be a real compromise between the content creators/owners and the end-users in whose interest governments should ultimately act. And sending people to prison or fining them many thousands of euros for illegally downloading digital content just doesn't seem that interest-protecting for the people to me!

    1. Re:thoughtcrime by Anonymous Coward · · Score: 0
      How long will it be until thoughtcrime becomes a punishable offense?

      It already is. Some guy who was a sex offender got a surprise visit from his PO. The PO saw some drawings of kids that the guy had made up out of his own head and busted him for possession of kiddie porn. If that's not criminalizing thought, there isn't any such thing.

      If they ever get off the ground with the gear that's supposed to let them know what you're thinkiing using MRIs, then no one is safe except the motherfucking sonofabitch cops.

  20. Mac Users Demand Anti-Windows Immigration Legislat by Anonymous Coward · · Score: 0, Funny

    As the realization that their values are being compromised by an inundation of inbred, Windows-using yahoos spread today, the Mac community began to rise up and demand action.

    "In order to protect our vital cultural heritage as Mac users, we ask that the Mac community be sealed off until futher notice," said a statement issued by a collection of commenters on this site.

    Recognizing a vital voting bloc in this year's mid-term election, politicians raced to pander to Mac users.

    President Bush today vowed to build a 150 mile collection of fences around Apple Stores in an effort to keep Windows users from migrating to the Macintosh. Republicans in Congress pressed for stricter measures that would require former Windows users to switch back.

    House Democrats, meanwhile, proposed a tepid reeducation program that would help Windows users acclimate to the Macintosh community by teaching them some of the basics of good taste.

    House Democratic leader Nancy Pelosi said, "Many Windows users simply don't know, for example, that War At Home is really a horrible, horrible show.

    "Truly awful. Abysmal. Absolutely unwatchable."

    For most Mac users, however, none of this pandering was satisfactory.

    "I won't be happy until Windows users are shot before they come within thirty feet of a Macintosh," said columnist Andy Ihnatko.

    "I'm kind of a stickler that way."

    Many were concerned that an influx of Windows users would mean fewer Macs for those who bleed six colors.

    "Macs for Mac users!" a collection of protestors shouted unironically outside the flagship Fifth Avenue Apple Store.

    Apple declined to comment for this story other than to repeat "'Macs for Mac users'?"

  21. Harmonise??? by advocate_one · · Score: 2, Insightful

    When I hear the word "harmonise", I usually think of things being harmonious... however, what happens in looney Euroland is that harmonisation of laws results in things becoming equally bad for everyone... things never become less restrictive, they always manage to find a way for all the most restrictive laws to be kept and amalgated into the new "harmonised" version...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    1. Re:Harmonise??? by mpe · · Score: 1

      When I hear the word "harmonise", I usually think of things being harmonious... however, what happens in looney Euroland is that harmonisation of laws results in things becoming equally bad for everyone... things never become less restrictive, they always manage to find a way for all the most restrictive laws to be kept and amalgated into the new "harmonised" version...

      Hardly restricted to the EU, especially in the context of copyright, is there even one example of a copyright treaty which resulted in a reduction of copyright for some parties?

  22. Piracy of what? by Cloud+K · · Score: 2, Interesting

    The answer in *most* cases is 'only in the past'.

    I don't tend to pirate software any more, as there's simply no need. There is an OSS tool for just about every job, and many of them are getting to the point (finally) where they're actually up to the standard of commercial software.

    The only commercial software I need tends to be small utilities (which usually have an honest developer who deserves the money) and Windows (It's too much like hard work to pirate it and keep it up to date anyway)

    Music - rips are very often bad quality or difficult to get hold of - if it's available on iTunes for 99p then I'm willing to pay that to save the hassle.

    Which just leaves anime. I must admit, although fansubs are technically illegal (presumably) I greatly prefer them to dubs. And the easiest way to get 'em is to download 'em. If Jump were to supply downloadable subs of Naruto themselves (translated in a proper fan-like fashion, not a dub-like one i.e. I don't want to read "Believe It!" every 10 seconds) then by all means the money would be theirs.

    1. Re:Piracy of what? by Cloud+K · · Score: 1

      One other thing I forgot to mention - DVDs. I don't see why people spend a fortune on bandwidth (and time) downloading the things, in a compressed format, when you can usually buy the DVD dirt cheap, save yourself the trouble and the bandwidth, and have something better quality too. Furthermore it keeps the likes of the MPAA off your back.

      Exception: I've been known to copy rental DVDs for personal use. Even then there's no point really as I very very rarely get around to re-watching anything. Anything that I do like so much that I find the time, is probably worth buying...

    2. Re:Piracy of what? by mpe · · Score: 1

      One other thing I forgot to mention - DVDs. I don't see why people spend a fortune on bandwidth (and time) downloading the things, in a compressed format, when you can usually buy the DVD dirt cheap, save yourself the trouble and the bandwidth, and have something better quality too.

      Assuming the material in question is available on DVD in the first place. Even if it is you may be faced with spending plenty of time, trouble and money to get hold of a DVD only available somewhere else in the world.
      Being able to "buy the DVD dirt cheap" (even at all) is the exception rather than the rule.

  23. First reading only by jabuzz · · Score: 2, Informative

    They have voted to pass it on it's first reading. It still has some way to go yet before it becomes an actual directive, and there is still plenty of opportunity for it to be rejected or heavily ammended.

    I would point out that most member states of the EU already crimialize "comercial" copyright infringment, and thus this could be seen as an attempt to "harmonizing" EU wide law. I would also point out the proposed directive would require member states to ensure fair use rights, something several member states don't do, starting with the U.K.

    1. Re:First reading only by Anonymous Coward · · Score: 0

      I think that criminalizing commercial copyright infringement while forcing legal acknowledgement of fair use rights is a good thing. It would be a stake through the heart of RIAA style lawsuits in Europe. What we have to do is watch for parts of the directive that would incriminate people who develop software that could be used for copyright infringement.

  24. Re:Anything that criminalizes YouTube, Google etc. by Anonymous Coward · · Score: 0

    i agree 100% but the slashdot kids from moms basement have voted you a troll because they cant think for themselves. its pathetic.

  25. Open Source Avocation + Pirating = Bad by jellomizer · · Score: 1

    If a person who decides that they should be an Open Source advocate they really should stop pirating material.
    I know most of you feel that software should be free and by pirating it you force the other guys to give you free software, but in the long run it doesn't help. If you are going to be an Open Source advocate you really should try as much as possible to use the Open Source and free alternatives as much as possible, if no Open Alternative exists that fits your needs either make it yourself or more realistically Purchase the software that does what you need giving preference to companies who are more Open Source Friendly, or who make software that is more Cross Platform friendly, after you have legally purchased the product and it does what you need. Don't upgrade it to the next version unless your needs have changed.
    When trying to influence companies to go more Open Source or become more Open Source Friendly they will go much further if the company knows you have been a customer in the past vs. someone who pirates their material. Most companies listen to their Customers not from people who steal their products. If you want people and companies to respect your views on software freedom you should also respect their views even if you disagree with it.

    The only type of pirating I can justify is abandon ware where there is an application that is so old the companies has went out of business or doesn't maintain the product line anymore.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Open Source Avocation + Pirating = Bad by Anonymous Coward · · Score: 0

      This law criminalises "incitement" of copyright infringement. The only other (and strongly criticised) similar law is the one that criminalises "incitement" of racial hatred Now, whatever you might say about copyright infringement, it can't be as bad as racial stuff.

      And you can bet, if allowed through (my understanding is that the council of ministers has yet to vote on this, and e.g. the UK and Holland think the law is a spectacularly bad idea) will be used to criminalise organisations critical of the copyright regime like the Pirate Parties.- "What, you think copyright law is wrong and say so publically? INCITEMENT".

    2. Re:Open Source Avocation + Pirating = Bad by tepples · · Score: 1

      The only type of pirating I can justify is abandon ware where there is an application that is so old the companies has went out of business or doesn't maintain the product line anymore. You mean like Disney movies that go "back into the vault"?
    3. Re:Open Source Avocation + Pirating = Bad by Anonymous Coward · · Score: 0

      I don't know why your post isn't modded +5. The problem with so many slashdotters is they are hypocrites, all full of anger for the corrupt corporate
      thieves but when it comes down to it their houses are probably stuffed with Sony products and DVDs they bought from Walmart.

      Why don't more of you walk the walk? Taking an idealogical stance on something has a cost, and that cost is giving up the shiny sparkling
      drugs they have you addicted to.

      I haven't bought a CD, DVD or commercial product like a game console or ipod for years and years. I'm richer, happier and smarter for it.
      And I can advocate free software and culture without feeling like I have double standards because I haven't "pirated" any of their shoddy
      shit for as long as I can remember. I encourage everyone, and you, to plug out of this corporate nightmare and encourage all your friends and family to do the same. Life is fine without the Hollywood rubbish and built-to-break plastic tat.

  26. Lobby directive is by MemoryDragon · · Score: 1

    the wrong word for it, family corruption probably would be the better word.
    The head of this whole thing is Janelly Fortou, which coincidentally is the wife of the Vivendi CEO.

    Or in other words, this is a lex vivendi!
    It still has been pushed somewhat into saner waters, the original proposal would have been desastrous, even patent infringements would have been included (just to satisfy some pharma companies), even pro patent lobbyists like Microsoft (which do a lot of lobbying over here for pro software patents, so go figure how long they will be calm and not suing everyone left and right), tried to get rid of those clauses in the proposal.

  27. Liberal Democrat MEP's views by splodus · · Score: 3, Interesting

    This is the reply I received from my Lib Dem MEP, Graham Watson, who is leader of the Alliance of Liberals and Democrats for Europe, to an email I sent him urging him to support amendments to the directive. I think he has quite a good grasp of the issue, and when they failed to get all the amendments included, they voted against.

    Interestingly, my UKIP MEP, Roger Knapman, also voted against...

    Thank you for your email of 23rd April 2007 regarding the directive on
    criminal measures aimed at ensuring the enforcement of intellectual property
    rights. The infringement of intellectual property rights, such as
    counterfeiting and piracy is a growing phenomenon which has a serious
    economic effect on the global scale. The Commission proposed this directive
    to offer additional provisions to strengthen and improve the fight against
    systematic infringement of intellectual property rights.

    Although I am not a member of the Legal Affairs committee which has
    discussed this directive, I am indeed aware of the matter and share a number
    of your concerns about its current drafting. There is general agreement to
    remove patents from the scope of the directive, and I believe it should be
    further restricted. To this end, my Liberal Democrat colleague Sharon Bowles
    MEP tabled a number of amendments for the vote in the European Parliament
    which are concurrent with the aims of the Librarians', Consumers' and
    Innovators' Coalition amendments.

    I understand that Sharon has sought to address the current wording of
    Article 3 which stipulates that "Member States shall ensure that all
    intentional infringements of an intellectual property right on a commercial
    scale, and attempting, aiding of abetting and inciting such infringements,
    are treated as criminal offences". In its place, Sharon proposed that
    "Member States shall ensure that all intentional infringements of an
    intellectual property right on a commercial scale, or wilfully and
    specifically aiding of abetting or inciting such infringements, are treated
    as criminal offences when there are aggravating circumstances of organised
    crime, counterfeiting, piracy or serious risk to health or safety". This
    clarifies that innocent or unknowing assistance to infringe is not covered
    and also restricts the scope of offences to which criminality could apply.

    A second concern is one of definitions. Although I gather the Librarians',
    Consumers' and Innovators' Coalition amendments have done a fair job at
    establishing definitions, I do believe it far better to remove the
    definitions from the text completely. This to my mind is safer and allows
    judges to dismiss cases that might otherwise be caught by specific
    definitions. For this reason I supported Sharon's amendment which eliminates
    definitions.

    Unfortunately, in the vote in the European Parliament on Wednesday 25th
    April, a number of these amendments did not pass and subsequently the Group
    I lead voted against the directive. But, realistically I believe there is
    some way to go before we will know the final shape of this legislation as
    this is just the first reading but I hope this answer is reassuring that
    Liberal Democrats in the European Parliament take your concerns seriously.

    Please do not hesitate to get in touch should you require further
    information.

    Yours sincerely,

    Graham Watson MEP

    Member of the European Parliament for South West England and Gibraltar

    and Leader of the Alliance of Liberals and Democrats for Europe

    1. Re:Liberal Democrat MEP's views by Anonymous Coward · · Score: 0

      God, has the term "intellectual property right" legally replaced "copyright" or something? :( We seem to be losing the semantics battle here.

  28. How they can *criminalize* anything... by Pecisk · · Score: 1

    ...what is purerly civil matter?

    This is complete nonsence and incompetent law again introduced by clueless politicians who are doing NOTHING useful to countries and people they represent. How usual these days :(

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  29. you think they didn't think of this? by nanosquid · · Score: 1

    In Europe, the loser generally pays for the legal costs of the prevailing party. So, good luck taking on Microsoft or Nokia in Europe as an individual; they can throw tons of lawyers at this, and you'll be bankrupt first time you lose, which will be rather quick.

    1. Re:you think they didn't think of this? by Anonymous Coward · · Score: 0

      That doesn't mean you can get super expensive lawyers and then have the other side pay them for their 1m/hour fee, that'd completely invalidate the whole point of it.

    2. Re:you think they didn't think of this? by Anonymous Coward · · Score: 0

      In a criminal suit?

      Really?

      I don't think so.

    3. Re:you think they didn't think of this? by Anonymous Coward · · Score: 0

      You can't initiate criminal lawsuits yourself, only civil lawsuits. The GP suggests that private third parties sue Microsoft and/or Nokia, and logically, if such lawsuits are possible under this law, they have to be civil suits.

  30. If by "stricter" it means "more relaxed" ... by vivaoporto · · Score: 3, Insightful
    First, a much better submission for this same news can be accessed on the Firehose. It is a mystery to me why that submission was not accepted instead of the one we are commenting on. I think it is because it is not sensationalist, biased against the E.U. and polarizing, limiting itself to present the fact with the minimum possible bias. I will post it here, so we can comment on it instead.

    European Parliament rules sharing isn't illegal

    "Yesterday, 25/04/2007, the European Parliament voted in favour of a proposal to modify the EU Parliament and Congress directive regarding penal measures destined to enforce Intellectual Property rights. the directive finally establishes in Article 3 that the member states will be responsible of considering as a criminal infraction all intentional IP offences committed at a commercial scale, as well as complicity and/or incitement to these offences. According to Amendment 13, Article 2 of the directive excludes culpability of the acts performed by private users for personal non-profit usage. Read the "

    There are some important parts there, that helps to clarify and protect private copying, while harmonizing the legislation among the members states to fight the real threat that this legislation aims: counterfeiting of real world trademarked and copyrighted goods. Here are some important parts of this amendments:

    • Amendment 1: "Certain criminal provisions need to be harmonised so that counterfeiting and piracy in the internal market can be combated effectively."
    • Ammendment 3: "The involvement of the holders of intellectual property rights concerned should constitute a supporting role that will not interfere with the neutrality of the state investigations.
    • Amendment 13: ""infringements on a commercial scale" means any infringement of an intellectual property right committed to obtain a commercial advantage; this would exclude acts carried out by private users for personal and not for profit purposes;
    • Amendment 16: "Member States shall ensure that the fair use of a protected work, including such use by reproduction in copies or audio or by any other means, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, does not constitute a criminal offence."
    • Amendment 24: "Member States shall ensure that, through criminal, civil and procedural measures, the misuse of threats of criminal sanctions is prohibited and made subject to penalties. Member States shall prohibit procedural misuse, especially where criminal measures are employed for the enforcement of the requirements of civil law.
    • Amendment 25: "Member States shall ensure that the rights of defendants are duly protected and guaranteed.
    • Amendment 27: "The Member States shall put in place adequate safeguards to ensure that such assistance [by the IP holders] does not compromise the rights of the accused person, for example by affecting the accuracy, integrity or impartiality of evidence.

    Now, again, let's comment on that. How is that bad for fair use, private copying, etc? It is exactly THE OPPOSITE of what is being stated in the summary of this article, it defines explicitly fair use, right to private copying and creates a legal framework for the IP holders to be able to assert their rights, while protecting the citizens against baseless suits.

    And, as a side effect of that, it legalizes the legal parallel importing of goods, making the ones like Lik Sung (sic) to be able to operate on E.U. territory. See below:

    • Amendment 15: Criminal sanctions shall not be applied in cases of parallel importation of original goods which have been marketed with the agreement of the right-holder in a
    1. Re:If by "stricter" it means "more relaxed" ... by Anonymous Coward · · Score: 0
      How is that bad for fair use, private copying, etc?

      It's bad as long as it doesn't prevent the IP holders from using methods to prevent fair use. In the US, they can put any kind of chickenshit "encryption" (probably including ROT13 for text) then use the hammer of law via an "anti-circumvention" provision.

      Let's not forget the ill-fated attempt of the industry some years back to require hardware "anti-piracy" technology in A-D converters some years back. Copyrighted audio and visual works were to have "watermarks" embedded in them. Thus, if your video cam panned across protected material (e.g. a Coke(tm)) logo, the A-D "feature" would shut the camera off. Similarly if you were taking video of a wedding where a watermarked song was being played by the DJ.

      Any IP legislation should have built-in provisions sanctioning IP holders for "circumvention" of fair use possibilities.

      Yes, I do understand that, at least in the US, fair use is not strictly a "right". It really is, instead, "an affirmative defense against a charge of copyright infringement". In practical terms, a rather thin distinction.

  31. Science Fiction coming true by clamhan · · Score: 1

    About 10 years ago I bought an SF Novel by K.W Jeter called "Noir", the background of the story was a world where copyright theft was punishable by death, if you were lucky.

    http://www.amazon.com/Noir-K-W-Jeter/dp/0553576380

    The book itself was good but I thought that copyright crime as a capital offence was a fun idea but just a step too far away from reality to be believable.

    Not now. Science Fiction can tell the future and it's not one I like.

    The European commission and parliament is turning into a bureaucratic corporate playground.

  32. Vault Disney by tepples · · Score: 1

    One other thing I forgot to mention - DVDs. I don't see why people spend a fortune on bandwidth (and time) downloading the things, in a compressed format, when you can usually buy the DVD dirt cheap When will Disney's Song of the South be released on DVD? When will Disney's Pinocchio be re-released on DVD? When will a lot of anime (region 2 NTSC) be released on DVD in region 1?
    1. Re:Vault Disney by Cloud+K · · Score: 1

      A fair point. Allow me to clarify: if the DVDs are actually available ;)

      I refer back to my point on anime in the previous post. Ironically, it seems that the one I was talking about (Naruto) is available from first glance although I think it has to be imported from the US (bleh) and I have a feeling it'll have the "Americanized" subtitles (if you see what I mean, i.e. over-translated). Plus it's shockingly expensive to buy a full series!

  33. Mod parent up by denoir · · Score: 1
    The point that it's just the first reading is very important. It means that it has most likely little to do with what will be the final version. The text will now be sent back and forth between the commission and parliament as well as various committees and groups of experts.

    I wish that those that posted these types of news would tone down the sensationalism and hysteria. "EU bans this and that" type of news are becoming quite common on slashdot while having little support in reality. The political process in the EU is a complex one and decisions are sculpted from various compromises for a long time. Subsequently radical laws are very rare. So when you hear news like this one, be sceptical. Chances are good that it's just the first draft - and they tend to be preposterous in order to allow room for compromise.

    1. Re:Mod parent up by Anonymous Coward · · Score: 0

      That only happens if the council of ministers doesn't approve the first reading. And they might approve the first reading (though UK and Netherlands at least will likely oppose, it's not a given). Apparently several groups thought that there'd definitely be more politicking at the second reading, and did not realise that it's not a given that there'll BE a second reading. Oops.

  34. Euroseesaw by Anonymous Coward · · Score: 0

    1. Make a directive that "harmonise the laws". The directive must be as strict as the strictest of the laws, and the new laws must be as strict as the directive, or stricter.

    2. At least one member makes a law that is stricter than the directive.

    3. Back to 1.

    (In the separate process): profit!

  35. Clarification of the term "directive" by ickeicke · · Score: 1

    (I am European and while by no means an expert, I'm taking a EU Law course)

    A EU directive is quite different than "a simple request" to EU member states, though you are partly right. A directive is binding for all the member states to which it is addressed (in this case; all member states), but it does not specify the measures that should be taken, only the goals. Thus, the member states are obliged to implement measures in their own national law that will achieve the goals set in the directive.[1]

    [1] Mathijsen, P., (2004). A Guide to European Union Law. London: Sweet & Maxwell.

    --
    Firehed - Unfortunately, thanks to medical breakthroughs, common sense is not as common as it once was.
  36. Not true by Anonymous Coward · · Score: 0

    > there is no fair use in EU law, you are not allowed to rip CD,

    This is simply wrong. You do not need a law to allow you something, as long as nothing is there to forbid it. I can only talk about the legal situation in Germany: Here, it is legal to rip an (original) CD you own, or even one you just borrowed from a friend! There has been an exception introduced a few years ago, you may not copy any CD which contains copy protection. This legal situation is not widely known here, though, since most people just don't care.

  37. Re:Anything that criminalizes YouTube, Google etc. by Anonymous Coward · · Score: 0

    No, pathetic is replying to your own message pretending someone agrees with you.

  38. first thoughts... by joe+155 · · Score: 1

    I've seen a few excellent posts drawing attention to the fact that this law is target not at end users and one highlighting how anti-piracy is good for open source movements - I agree fully with both these.

    I would like to say, however, that I am in favour of criminalising copyright infringement. It is theft, right?... well thats what the BPI/RIAA keeps telling me... Just think about the implications for it though; if it is a crime then there needs to be (unless they make it strict liability) mens rea and actus reus elements strictly defined. The mens rea would have to be set at at least subjective recklessness, which means the prosecution would first have to PROVE (beyond all reasonable doubt) that you thought that the work might have been copyrighted but downloaded it anyway ("oh, i'm sorry officer, I had not given it any thought at all as to whether or not it was copyrighted" would be a good enough defense - see R&G 2003 [HL] for the abolishon of objective recklessness). Then they need to PROVE that it was you who did the act ("well, it is just an ip address, that proves nothing - and I can show you that..." would be a good enough defense)...

    And if that doesn't work at least the jails are too full to put anyone away, couple that with judges distaste for being told what to do by anyone (and the fact that most wouldn't see it as a "real" crime) we can expect sentences like "conditional discharge" or "£50 fine and £25 court costs"...

    Bring on the criminal charges!

    --
    *''I can't believe it's not a hyperlink.''
    1. Re:first thoughts... by Anonymous Coward · · Score: 0
      It is theft, right?

      NO, you stupid motherfucking son-of-a-bitch. It is copyright infringement. Jesus Christ, are you really so abysmally stupid that you can't look up the legal distinction before outing yourself in public as the low-grade, slobbering imbecile that you clearly are?

      Go upstairs and ask mommy to review your postings befiore you embarrass her any further.

  39. aiding or abetting and inciting such infringements by Anonymous Coward · · Score: 0

    The big problem, the aiding, abetting or inciting remains:

    "Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, and attempting, aiding or abetting and inciting such infringements, are treated as criminal offences."

    Note that only the infringement needs to be intentional. *Unintentionally* inciting, aiding or abetting an *intentional* infringement is a crime under this wording.

    Most here will be making websites and software tools, and commercial websites and tools at that, they are likely to hit this secondary liability via the aiding abetting inciting clause.

    It's secondary liability, no different than if I make axes and some axe murderer. Sure I know that axes will be used by axe murders but it doesn't mean I should prevent it since my axes are also very useful for chopping trees.

    Secondary liability sucks.

    They should have removed this, particular the 'inciting' part. Freedom of speech is a basic liberty, and I have repeatedly encouraged people to infinge copyright where the copyright holder has DRM'd their product. Incitement = the act of encouraging, which is about as broad as it gets.

    At the very least they should have reduced it to 'intentionally abetting and intentional infringement'. There should be no penalty for accidently making something that someone else uses for commercial infringement. It's sloppy wording.

  40. Nicola Zingaretti, friend of the people... by Anonymous Coward · · Score: 0

    ...defender of the consumers!

    Check it out for yourselves: Nicola Zingaretti, the current secretary for the DS party (the main spinoff from the former Communist Party, now part of prime minister's Prodi coalition) in the Rome region, is also a member of the European Parliament's Committee on the Internal Market and Consumer Protection. Yep, you read it right - "Consumer Protection" committee.

    - Nicola!
    - Yes, comrade?
    - The workers in Hollywood are exploited! Consumers refuse to pay each time they want to read, watch or listen to anything they have already bought!
    - Darn capitalists! I'll see what I can do to help Hollywood workers against those revisionist consumers, comrade! I think I'll join... the Consumer Protection Committee!
    - Bright idea! I'll forward it to the RIAA Plenum and see how they can help.
    - Thank you, comrade!
  41. Sadly, it wouldn't make a difference by Anonymous+Brave+Guy · · Score: 3, Insightful

    The unfortunate reality is that with the typical electoral system in the west, each election is decided on the basis of a very small number of very high profile issues. Things like economics, "defence", healthcare, and crime are tried and tested. Trendy issues — currently it's anything environmental over here in the UK — can also register significantly. However, minor things that still affect many people every day are rarely even considered. This is how things like IP and road traffic laws can reach a point where a very significant proportion of the population are criminalised for doing something that a majority of the population does not believe to be ethically wrong.

    This will probably continue as long as we have this bizarre idea that politicians can predict before the election what will happen throughout their entire term of office. That simply isn't possible, unless their policies are never going to change depending on context. Consider the unpredictability of a world stock market crash or a plane flying into an iconic building, and unsurprisingly the reality doesn't always match up. It is silly to expect that it ever will, and we would do far better if political manifestos set out the principles and values supported by the each candidate, and reserved concrete policies for examples: "Under the current circumstances, I would therefore support this measure to provide further financial support to that group." We also need to get over this idea that any politician who changes his or her position on an issue is "doing a U-turn" and doesn't know what they stand for. Maybe the circumstances just changed? Maybe they came across better information, and revised their opinion in light of it? These are good things for politicians to do, as long as their actions are consistent with the principles and values for which they stood at election time. The idea that all politicians should have evaluated all information on all issues comprehensively before every decision they are asked to make is simply unrealistic, and I would rather vote for someone who acknowledged this and made a genuine effort to dot the right thing than someone who pretended they were omniscient and used this to attack their more considerate opposition.

    Of course, such a principled election system would also show up some other problems with "representative" democracy in places like the US and UK today. As far as I can see, the major political parties in these countries are so closely aligned on many issues that someone who is fairly central but tends towards individual responsibility and capitalism rather than socialism and a large government simply has no-one to vote for who will argue their case. Given the barriers to entry in starting a new political party, this means a significant proportion of the population's voice is never heard.

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    1. Re:Sadly, it wouldn't make a difference by rammer · · Score: 1

      I agree that this is a problem with current representative democracies. Even in countries that have more than two parties.
      Even though the problem not that great in those countries.
      Individual people can be unreliable. They can say one thing and do another. Especially before and after elections. If the decision making process involved a basic set of principles and possibly goals that would make government more inclusive of everyones opinion.

      So I guess what I am proposing is a principled representative democracy:

      There is a government of x ministers x being a small number. Let's say 21.
      There ministers govern according to principles and goals selected in general elections.
      General elections could be divided in two. In one we select the ministers. In a second election we vote on principles and goals.
      Selection of principles can be done by political parties or independent groups of enough people. Enough being proportioned to the size of the population of said nation.
      Then all decisions that government makes are based on the principles set out in the elections.
      It would against the law to make decision not in accordance of the principles.
      This being tested through the legal system. Or it could even be a principle being voted on in the next elections.
      Thus if enough people wanted they could in effect vote someone out of office. Especially if the general elections were held separately for ministers and principles.
      This would be more demanding on population at large. They would have to have a grasp of the issues involved. Voting would take a long time. That would cut down the number of people voting. That would ensure that the people who vote are interested in the issues and make the effort.

      What do you think?

      Would you like to live under a government like that?
      I would.
      Especially because it would be quite easy to pass many important principles sorely lacking current world politics.
      Principle of no offensive warfare.
      Principle of accountability. Financial and otherwise.

      What if laws were principled too?

    2. Re:Sadly, it wouldn't make a difference by Anonymous+Brave+Guy · · Score: 1

      I think my idea of good government would be closer to yours than to what we have today.

      The big problem with an approach such as you describe is who provides the checks and balances? If it is to be illegal for the administration to act other than in accordance with the principles for which the people voted, then some degree of judicial oversight must be involved to decide when they have crossed the line.

      Now, you basically have two options. You can have another round of elections to decide who gets to have that oversight, or you have unelected people with, effectively, a power of veto over the elected.

      One need only look at the power of the (not directly elected) US Supreme Court to overrule the (directly elected) legislature on constitutional issues to see how important it is to get these checks and balances... erm, balanced. If you don't, you get an odd-looking situation also demonstrated by the current US government, where the laws produced by the legislature are not just approved by but actually strongly influenced by the policies of the executive branch.

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    3. Re:Sadly, it wouldn't make a difference by maxume · · Score: 1

      For national elections in the US, candidates run on(and help draft) their parties platform, which is more or less what you are asking for. Much of the problem is that people would much rather politicians do the right thing for them than do the right thing in general, so pandering works wonders.

      --
      Nerd rage is the funniest rage.
    4. Re:Sadly, it wouldn't make a difference by Anonymous+Brave+Guy · · Score: 1

      That's not really what I mean, though. In fact, with only two choices, it's hard to see how a system could even get close.

      If you reduce political principles to a straight a-vs-b choice, then pretty much the only distinction you could usefully make would be between individualism and collectivism. That is certainly a very important principle, which underlies many social, economic and political issues. But in the US, both major parties are so far towards the individualist end of that spectrum that they offer little meaningful choice anyway, while Europe has the opposite problem, with most countries dominated by socialist parties.

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    5. Re:Sadly, it wouldn't make a difference by Kjella · · Score: 1

      Look, here's the basic HOW-TO on being a politician:

      (1) You have 100$ which is tax income
      (2) You have two constituent groups which are both 50% of the population
      (3) Your task is to divide the funds fairly between them

      Now, the inexperienced politican promises them 50$ each, and if against all odds win gives it to them.

      The experienced politicans will do the following:
      (1) Through a series of veiled inconsistencies promise both 60$, to be delivered in healthcare or education or lower taxes or whatever. You'll fix every injustice in the justice system.
      (2) By blaming everything from inflation to interest rates to the world economy to restructuring costs, actually deliver more like 40$ while catering to industry and lobby groups. Same goes for laws, blame the terrorists or pedophiles or drug dealers.
      (3) As the next election comes by, push money back into the economy and pass pro-consumer laws. People have short memory, it looks like an upswing and you can blame "undoing what the last guy did" for the bad start.

      Politicans very rarely bring more money into the economy. So it's all about overselling it, I've already described one group. But there's another group that's even more skilled because they believe in it, and those are the idealists. If you listen to them, you'd think the country would flow with milk and honey if only the pie was divided right. Let's take an example, the GDP of the US is about 43000$/person. Sure, it'd be an improvement for most people but it's not like everyone would drive Ferraris and drink champagne every day. So between manipulators and idealists, there just no room for honesty. If you win an election, you've almost certainly promised more than you can deliver.

      --
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    6. Re:Sadly, it wouldn't make a difference by rammer · · Score: 1

      Good point.

      The branches of government should indeed be separate.
      Especially judicial branch. Biased justice is no justice at all.

  42. Irrelevant by Anonymous Coward · · Score: 0

    THIS IS IRRELEVANT
    Since Microsoft's CD ripper also permits commercial ripping of CDs this is completely irrelevant, since fair use is not a defense.

    "You do not need a law to allow you something, as long as nothing is there to forbid it. "

    Copyright law is the law that forbids unauthorized copying. Fair use is the CLAUSE in copyright law that says it's OK for x,y,z. Thats the missing part in most copyright laws across Europe.

  43. Idiot drive-by mods are too dumb for sarcasm by Anonymous Coward · · Score: 0

    Maybe /. needs to publish who modded a post...

    1. Re:Idiot drive-by mods are too dumb for sarcasm by hostyle · · Score: 1

      How do you know for sure it was sarcasm?

      --
      Caesar si viveret, ad remum dareris.
    2. Re:Idiot drive-by mods are too dumb for sarcasm by Anonymous Coward · · Score: 0

      sarcasm
                  n : witty language used to convey insults or scorn; "he used
                          sarcasm to upset his opponent"; "irony is wasted on the
                          stupid"; "Satire is a sort of glass, wherein beholders do
                          generally discover everybody's face but their
                          own"--Johathan Swift [syn: {irony}, {satire}, {caustic
                          remark}]

  44. So your defence is.... by Anonymous Coward · · Score: 0

    So your defence is that Microsoft CD ripper is only used for fair uses copying in Austria?

    Good luck with that one!
    It's certainly used for commercial infringing purposes too, both in Austria and beyond.
    It's certainly used for infringment which would be classed as fair use, in Europe as a whole.

    Remember that the wording doesn't require Microsoft be complicit in the infringement, it only needs to abet that infringementm, and commercial scale infringement it certainly is.

  45. Leave the EU by Anonymous Coward · · Score: 0

    Yet another reason to tell those muppets in Brussels where they can stick their laws and cancel membership. That our limp wristed government pour over £115 million into this corrupt totalitarian gravy train makes me sick. No to the EU. We are a sovereign nation and if anyone is going to tell me what I can and can't copy it should be *my* people, not some tosser in Belgium.

    Democracy Now - No to EU
    Better off out

  46. Question by petrus4 · · Score: 0, Flamebait

    Does the European Parliament ever actually do anything non-fascist?

    If they have, can someone tell me about it? I'm starting to get an extremely negative impression of them, here.

    1. Re:Question by Anonymous Coward · · Score: 0

      > Does the European Parliament ever actually do anything non-fascist?



      You might well say "anything non-communist", since the proponent belongs to the Party Formerly Known As The Italian Communist Party (www.nicolazingaretti.it)

  47. EU/EC by Wienaren · · Score: 1

    Everything is justified by "harmonization" in the EC/EU. Meaning that everything is levelled to the worst.

    I was in favor for the EC/EU many years ago and even voted in favor of my country's entry. In the meantime, "EU" is synonymous for corruption, lobbyism and the like. A MUCH too small group of people decides over us 300M+ "sheep".

    --
    -- The Online Photo Editor - http://www.phixr.com
    1. Re:EU/EC by Anonymous Coward · · Score: 0

      Actually the EU has 490 million people now...

  48. Sometimes, honest and simple really is best by Anonymous+Brave+Guy · · Score: 1

    The irony is that honest politics that, for example, dramatically simplified the tax system in my country, really would save a fortune. The infrastructure costs of implementing all those special cases, with their separate collection and enforcement mechanisms, are significant. Just doing away with all of that and going to a system with a few, transparent taxes collected via a very small number of mechanisms would save a fortune in both personal taxes and business overheads. Pretty much everyone would benefit from this, it's just that some people would benefit more than others depending on how the current mess of hundreds of different taxes and credits treats them.

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  49. You don't see the forest from the trees by bonefry · · Score: 1

    This directive is about copyright and related intellectual properties ... and such it includes Patents.

    I am not concerned about copyrights as much as I am concerned for patents, especially about software patents ... especially when the patent offices have issued some stupid patents in the past, like [url=http://edition.cnn.com/2001/WORLD/asiapcf/aus pac/07/02/australia.wheel/]the legendary wheel[/url].
    I know, that happened in Australia, but with software patents numerous obvious ideas are patented instead of actual implementations because one could argue that an idea in a software application is a technique to do a task.

    For example none of the useful open-source applications we have today would have existed if it where for this kind of laws to be passed sooner.
    MySql would have been destroyed by Oracle, Gnome would have been crushed by Microsoft or Apple, etc ...

    Even if this law was passed with good intentions (counterfeit drugs are a real problem for example) it opens a whole world of possibility for abuse ... just like the DMCA in the USA.

    1. Re:You don't see the forest from the trees by vivaoporto · · Score: 1
      WTF Man, I "don't see the forest from the trees"?! "... and such it includes Patents."?! RTF amendments!! The exact first thing these amendments are changing in the text of the legislation is:

      Amendment 1: (...), as defined by this Directive, other than patents.
      The explicitly excluded patents from this directive, on its whole body. Now, what were you talking about again?

      Btw, I agree that software (and ideas, in general) should not and must not be patentable. But STFU and read the legislation first, comment later. I doesn't take a lawyer to understand it, only anyone with minimal english reading capabilities.
  50. Politics as a method of investment by mr_mischief · · Score: 1

    Does it strike anyone odd at all that politicians want to lock down access to information?

    People like to break down economies on a national level or a federation of nations level. That's fine and very useful to look at. Another way, though, to look at an economy is by sector.

    In many regions, the economy of a certain type of good or service breaks out ahead of the economy as a whole. Other parts of the economy get pegged to that commodity and are traded against it. The economy of that one sector can be said to be healthier than the economies of other sectors. Sometimes a sector itself is dominated by a single good or service.

    You get trading blocks and cartels instead of nations. People can be part of a national group and also be participating in the sector-based trading blocks. The politicians in governments like to use their power in the government to ensure their success in the trading blocks in which they have heavily invested.

    Lots of ways to deal with issues in a sector arise. Adding to your own access into a sector while diminishing someone else's is the quickest way to build a fortune. It's certainly quicker than making sure you do better work than the competition.

    When the strongest economies in the world were agricultural, the people in power made sure they had most of the land rights. When the strongest economies were those of traveling merchants, they made sure to control roads, seaports, and shipbuilding. When the strongest economies were determined by mineral mining, they all invested in mines. When industrial might was the fastest way to wealth, they were all invested in factories. When oil was strongest (and still had a clear future), it was all about oil. As oil gets replaced as a power source, look for big investments in those new technologies by politicians and new laws that protect those assets more stringently.

    Now, much of the world has invested in what's called an 'information economy'. So guess where the politicians in regional power want to put their money. Guess what they want to make sure has limited access. Much of the money to be made these days is in information. Buying, selling, trading, encrypting, decrypting, co-mingling, mapping, storing, retrieving, analyzing, abstracting, formatting, presenting, and archiving data is how fortunes are made quickly right now. So politicians will use their power in regional governments to further protect their investments in information-related assets.

    It's really no surprise that politicians want to curtail access to information. It's actually surprising to me how much lobbying it takes in the US and the EU to get the people's rights undermined by the information companies. It must be that many of the politicians are indeed interested in what's best for the people. Otherwise, there'd be no debate since self-interest dictates to get in on the cornered market of the day and corner it some more.

  51. CN is AWOL by Debug0x2a · · Score: 1

    What about option 5, I only pirate from CowboyNeal?

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