Indian Copyright Bill Declares Private, Personal Copying "Fair Dealing"
asp7yxia writes "India's new copyright bill sounds like a pretty good piece of work: it declares private, personal copying to be 'fair dealing' (like US fair use) and limits the prohibition on breaking DRM so that it's only illegal to do so if you're also violating copyright."
A link to boingboing that links to a blog that links to the WSJ blog post that actually talks about the topic. Way to go.
Am I the only one out here that has noticed that where people really have to work hard, they don't put up with much bullshit? Any indian will tell you that america is a fools paradise, and we put up with so much malarky it's sickening.
Could it be true?
Seriously, if the description given here is what it truly does, then this seems like a good law. Now if only the USA government would pass something like this which would put some balance back into copyright. The breaking of DRM only being illegal when you break copyright, and with it legal to make personal copies, it means people are free to break the DRM of things they bought, like making a backup copy of a movie, or ripping a movie for use on a HTPC without the need of the DVD in the HTPC (or blu-ray, or itunes songs, etc., etc.). Because all you are doing is using the item that you purchased for yourself, and you are free to use it in any way that you want, not simply the way that the copyright owner thinks you should be able to use it.
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
Hmm, lemme see... wise and profound old culture, who invented our modern numbering system over 2000 years ago, writes a copyright law in the 21st century addressing contemporary technology issues, and gets it substantially right.
Why am I not surprised?
-- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
So it's not illegle to to brake the copyright unless you break the copyright.
Firstly, there are so many things grammatically wrong with that statequestionment-sentence-rhetorical-grammarfuck. Secondly, what about accelerating it?
'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
maybe the US should outsource law-making for a day.
At what point did DRM become Copyright? The law says it's legal to brake the DRM, not the copyright.
RIAA/MPAA rhetoric aside, format-shifting is still fair use. So is making a backup. Thus making a copy of something is not always illegal...even in the Incorporated States of America.
How will this effect future relations with ACTA countries ? Depending on the wording of ACTA, this could end up having a rather large effect since ACTA does not take the same stance as far as this goes...
Imma get me "private personal" copies of bollywood movies.
Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
this is not such a big deal here in India ! strange that i had to hear it in ./ and not in the national press
Insight into much, Influence over nothing !
Well there goes Bollywood.
watch India get put on an american copyright watch list now.
honesty
now a dance number
There's always something, and this bill's got quite a "something" in it. This is India's very own version of our Mickey Mouse Copyright Perpetuation Act (ostensibly having something to do with Sonny Bono, but we all know who it really was for...), and extends a fixed 60-year term to life plus 60 (see sidebar here.
Why in the world would we want to see copyrights get longer, anywhere? They obviously already provide an incentive at current levels. Even ten years should be an adequate incentive for 99.9% of cases, and you never want to write law based on the edge cases. With digital distribution speeding up how quickly a work can have its initial distribution, copyright terms should be shrinking, not growing.
To fight the war on terror, stop being afraid.
This is such a great, simple resolution. The current copyright greed is out of control, based on a 'because we can' model. I was very inspired by http://www.ripremix.com/ . Changes in this stuff is essential for progress of global culture. Go India. PDF is here http://www.michaelgeist.ca/content/view/4974/196/ for those who want to look further.
Waiting for the other shoe to...
I am not at all surprised about this stuff MP3 Music Search Engine
I'm sure harbouring this sort of material is bound to break some law!
I think it needs the "suddenoutbreak" tag.
I wonder if India is one of the countries in the ACTA thingie....
and what the NewYorkCountryLawyer has to say about it.
All too often, I see warez crazed users, advocating copying and distributing the software they bought, claiming they own it.
Sorry. You don't own it. You license it. There is a big difference.
I've yet to meet people who do actually own, private, non open source, IP, who want the entire warez crazed users of the world to copy and distributed their products willy nilly, without regard for where the copies go, end up, who has them, who is giving them away, etc.
If this "Lets all copy everything, because, its our God given right, because we p0wn DVD-R drives" insanity continues, its not going to be good for the production of high quality IP products.
As for India saying its okay to copy and distribute other peoples property, okay. Time to start copying all the high quality IP India produces, and giving it away for free.
Anyone know where I can find some ?
The permissions what this bill give in India, is already in use (have be from the beginning) in Finland.
You are allowed to make few (3-10) copies from the copyrighted material what you have bought or you have by legal means.
You are allowed to crack the DRM if needed to get the material viewable or to be played.
You are even allowed to give maded copies to your family or your closest friends. But new copies from those copies are not permitted. They can not either share the copies to anyone else.
If the original is destroyed, lost or stolen. All the copies are needed to be destroyed.
Otherwise you are not allowed to crack the strong encryption.
Because Finland does not use Common Law, the law is based to moral and questions of ethic by every case. Defended questions for actions are always higer stage when it is about to questioning why something was done.
Example, you can brake the law to save someones life.
It is just too bad that U.S and UK kind sick mentality is overspreading slowly by the media and big corporations what wants to control everything. Still laws are well balanced, but have started to support more big companies like Nokia and their rights over the citizens.
Making DRM breaking illegal only if you're breaking copyright is like making it illegal to use a gun if you're committing murder with it. The offense here is breaking copyright, which is already illegal, breaking DRM is just the means to the end.
This entire thread is mostly hyperbole and not relevant to the average Indian or anyone living in the region. There is very little, if any, copyright protection or enforcement, and if there is, it's because someone pissed someone off in higher places. Books, CDs, DVDs, full of programs, movies, songs, are cranked out perpetually and sold in the market for less then a buck a whack. No one cares really... really. The new law is trying to put a face on India, to show it a good corporate citizen, bla bla bla bla, but for all of us living in the area, we know it's a farce and most of us could care less. There are much more pressing matters at hand. Like electricity, clean water, decent food, etc. Allowing the masses to listen to their favorite bollywood diddle or watch the latest blockbuster on their cheap Chinese DVD for less then rs.30 is not something the goverment wants to be seen cracking down on. For businesses who want to load up on 100,000 USD of software for less then rs.1000 - no one cares - if they can bring in some rice, more power to them. China, Nepal, Bhutan, and some extent Thailand and surrounding countries operate in the same way...a blind eye to IP, and a silent snub to anyone who disagrees with the practice of blatantly ripping of everything digitial under the sun.
I think therefore I can't be ~TTNH
Practically Speaking, I would like to see the implications of this change of law in society. With respective of creative arts, many are not aware of what is legal and what is illegal. Seriously.
Many think, pirated DVDs are of poor quality and if you get high quality pirated DVDsit is worth their money to buy it. Legalese does not come into picture at all.
Majority of Indian's being aware of copyright laws one of one of best things to happen to country.
This change is definitely a fine piece of work.
Senthil
This is the type of law and the type of legislation which scares the MPAA and the RIAA. The fact that other nations have not followed the United States' and the EU's adoption of draconian copyright law which removes the rights of the Consumer does not fall in line with the business strategies of these international cartels.
ACTA is meant to supercede any existing copyright laws of a country which signs to the treaty. So Canada, India and others can have whatever fair and just laws they wish, it will not matter once they are made to sign the ACTA agreement.
What's happening is very insidious, and it is something that citizens must guard very carefully against. The period of economic growth and innovation which we have seen via the Internet is based in no small part on Fair Use.
Three things threaten this:
1) Problems with The Patent System
2) Unfair and Draconian Copyright laws.
3) Any loss of net neutrality.
-Gel214th
chronically homeless in the US (120,000)
lobotomy coming right up aka citation needed
according to government statistics. hahaha. yea. you can trust on that.
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you love your job, its not going to be outsourced, and every single aspect of your life is controlled by corporations with big money, including your judiciary and your democracy.
its a great time to be an american !!
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so america enjoys a much more nuanced and free, and is at terms with its sexuality.
WHERE ?
in east coast, and west coast, a few enclaves, and maybe a few scattered enclaves around the continent.
excluding those you have bigots, mormons, rednecks, innumerable religious cliches that shun many aspects of sexuality.
give me a break.
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So it's not illegle to to brake the copyright unless you break the copyright.
Firstly, there are so many things grammatically wrong with that statequestionment-sentence-rhetorical-grammarfuck. Secondly, what about accelerating it?
O.K.
Soit'snotillegletotobrakethecopyrightunlessyoubreakthecopyright.
We need a "+1 -- nice sig" moderation.
Now that India is turning into a haven of piracy that will cost the US economy Zillions, we need to encourage are staunch ally, Pakistan, to nuke em.
huh ? you think so ? you think that, only because the storefront is different, and, you are allowed vertical social mobility in appearance, you do not live in a caste system ?
...
in your country, top 5% of the society has 74% of financial wealth. similar applies for income and total wealth. note that, financial wealth is much important because they are major tools for generating more wealth (investments, interest, instruments) and getting even richer.
so you live in this country, where 80% of society does with approx 15% of wealth. and in that country EVERYthing costs money. education costs money. a lot, so that if you dont find a scholarship, you start life deeply in debt. if you do find a scholarship you probably start life as an indentured servant. to start life without being bonded or indebted you have to be in the very, very tiny genious margin of 1/1000 of society. how many people are in there ? are you ?
staying alive costs money. getting a nose patched can cost an arm and a leg. (until the recent healthcare bill of yours), it was possible that you could be denied treatment even if you were able to pay your insurance payments, even if you were a kid.
rents cost arm and a leg. everything is sold from exorbitant prices despite being manufactured in china for dimes.
so. tell me.
are you fool enough to believe that a caste system in a country which 5% has 74% of wealth and 80% of society does with 15%, does not exist ? it was better in medieval code for fuck's sakes - serf was legally and customarily entitled to 33% of the produce from the farm they tilled for their lord
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only illegal if your violating copyright
funny
FUCKING idiots the lot fo them politicians
best money can buy
want to bribe someone LOOK AT WHO WANTS TO BE A POLITICIAN
Jaffer is prime candidate and his wifey , and they say BELIZE is the place to store and cash out with a tax free haven
The best comments I've ever heard on copyrights were on http://stealthisfilm.com./
Build your own energy sources from scratch. http://otherpower.com/
Is anyone actually going to discuss the subject at hand -- copyright? Regardless of the cultural differences, ALL countries should follow India's lead. Why should noncommercial copying be illegal? If I'm not going to buy it, you won't lose money. People will buy it if it's worth buying. Read Doctorow's site, please (Little Brother is a good start).
Free Martian Whores!
Could someone please point out where in the original document any of this is substantiated? I've gotten used to fact checking Doctorow and Geist. (It's shocking how often they misrepresent the actual facts.) Geist links to two articles: one is a non-searchable pdf with a lot of amendments (it's difficult to decipher without the original document to see what it's amending), and the second document is a news article from "livemint". The livemint article says the copyright amendment gives more rights to creators, extends the length of copyright ("enhance the term of copyright for photographers to 'life plus 60 years' instead of only 60 years at present"), "The amendment seeks to bring the copyright Act, 1957 in line with the World Intellectual Property Organization's Internet treaties", and "The amendment also addresses the complaints of the music industry that has been complaining about 'version recordings' of original songs depriving music companies of royalties."
In short, I can't find anything at all that substantiates Doctorow's and Geist's claim that this is a more liberal copyright system.
So if this is what they can come up with, can we outsource our writing of copyright laws to India?
Not sure are we debating on the merits/demerits of the bill or cultural nonsense. That some people or group of people struggle a lot to make things working,
And India as a country is in that phase . Many millions and millions in any developed nations are there too.
Im an Indian and i totally agree with that we have slums , we have inequality , we have caste discrimination and many bad things ,how does it applies to copyright law.
Now talking about copyright bill - eventhough its better, we cant compare two evils. DRM is evil and it should not have any place in any law.
Accelerating copyright?! Gods, man, considering how awful his grammarfuckfubar actually was at the speed at which it was created, can you really, in good faith, expect any good to come of such a thing? OTOH, accelerating the shelf life of a copyright does sound potentially worthwhile.
Without an attribution to the specific section of the "IT Act" of India or any other relevant legislation in India, I would double check the content. It seems to me that the only right that can be held is the right to copy passed on by the creator with reasonable and industry standard cost effective and practical safeguards against corruption. So, this article seems at variance with the practice in other countries and may be just to portray the Indian authorities in a negative light. Mind you however that Microsoft Home and Student edition of Office itself allows you to load it on upto three computers for personal use in a non commercial environment but that is a right granted by Microsoft and not by Indian law.
End
time to move to India. Who's going with me?
What difference does it make if they say you can break DRM in your own home for private use if the tools necessary to do so are still illegal to possess, sell, offer as a service, or otherwise traffic in?
Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
here, a recent one :
http://sociology.ucsc.edu/whorulesamerica/power/wealth.html
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