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FSF Starts Anti-ACTA Campaign
judgecorp writes "Free Software Foundation president Richard Stallman has said in a blog post that the ACTA file-sharing proposals punish users unfairly. He wrote, 'Any time there is a proposal to change things for the worse, the obvious way to oppose it is to campaign for the status quo. To campaign for the status quo suggests the approach of singing its praises; thus, praising WIPO is a natural way to highlight how ACTA is a step for the worse. However, where there have been previous changes for the worse, lauding the status quo tends to legitimize them. The past 20 years have seen global waves of harmful changes in copyright law — some promoted by WIPO. To confront a further assault by presenting the status quo as ideal means we stop fighting to reverse them. It means that our adversaries need only propose a further affront to our rights to gain our acceptance of their last affront. Instead of making the status quo our ideal, we should demand positive changes to recover freedoms already lost.' The FSF has launched a petition against the ACTA proposals."
That may be true but really, almost every one of his predictions has come true in one way or another. As much as I really would like to dismiss him as having unworkable policies, he has been spot on for almost everything.
Taxation is legalized theft, no more, no less.
"praising WIPO is a natural way to highlight how ACTA is a step for the worse. However, where there have been previous changes for the worse, lauding the status quo tends to legitimize them"
See: http://en.wikipedia.org/wiki/Overton_window
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
The best way to get a problem like copyright legislation is to use it against those who created it. Follow the trail of greed, find individuals responsible and track what copyrights they violate.
Make them turn on themselves like a bunch of rabid animals and sit back and laugh as they tear themselves apart.
Not that it would work because they don't want to fight each other they just want to pick on the little defenseless suckers that get singled out.
I thought I would just throw out my stupid idea while we are dreaming.
My concern about ACTA is not related to copyright law but to its effect on patents. Copyright law is practically always infringed by intent, while patent infringement in the field of software is in most cases inadvertent (that's the most fundamental problem I have with software patents). It would be desirable to introduce into patent law, at least in connection with software, an independent invention defense. However, ACTA in the version I saw might do quite the opposite, treating a patent infringer as a "pirate" once he is made aware of an infringement (for an example, by a cease-and-desist letter). That's unreasonable and unjust in my view. I blogged about that.
Recently I read on Twitter that the US Trade Representative told knowledge rights activist Jamie Love that the US wouldn't mind throwing patents out of ACTA and instead the US government blames the EU for wanting patents included. Since those negotiations take place behind closed doors, it's not easy to verify that claim. However, it's more likely than not to be accurate. It would be good if EU-based activists could inquire about this (especially with help from Members of the European Parliament). With pressure from inside the EU there may be a chance to get patents thrown out of ACTA altogether. I know a lot of people here are at least equally interested in copyright issues but to many of us patents are the number one concern.
For those interested in EU processes relevant to free and open source software, here's a link to a blog post on a talk I gave on the subject (not discussing ACTA per se in detail, but with a couple of slides on EU patent policy in general) at LinuxTag in Berlin last week. LinuxTag is Germany's and probably Europe's largest open source event. The blog post I just linked to contains links to the presentation.
This isn't a "law" this is an agreement, meaning it basically passes without the consent of the people. Essentially the US is letting other countries write the laws for us. This is exactly what the founding fathers warned us about with "Free Trade With All, Entangling Alliances With None".
While there is a time and place for some "binding" contracts such as bi-laterally reducing nuclear weapons stockpiles (lets face it, we don't need thousands upon thousands of warheads that could get lost/stolen/etc.), things like the ACTA and also to some degree the UN effectively force the US to give up its own sovereignty, placing lawmaking not in the hands of elected officials, but unelected delegates from not just the US but almost every other country.
Free trade is easy to accomplish, simply let people purchase goods from foreign countries just like domestic products, only using internationally recognized standards such as gold, silver, platinum, palladium, oil, etc. However, in this day and age, its hard to avoid entangling alliances that infringe on the sovereignty of the USA.
Taxation is legalized theft, no more, no less.
My enthusiasm kinda dwindles when I saw that the article amounted to a simple petition. Petitions, especially internet ones, are just a way for signees to feel good about themselves while making minimal effort. Kinda like complaining on /. will change the world :P. It'd be interesting if there a more concerted effort behind the petition like showing congress critters opposed to ACTA (so we could vote for them) or raising money to actually lobby against it. Corporations have realized that lobbying, or being active in government helps bend the rules to their favor, so why can't free software institutions do so either? I'm just hoping that this petition doesn't lead to a dead end.
its a farce
all of copyright law is based on a dead technological era. well, copyright law as applied to agreements between creators, say: the company that films the adaptation of harry potter and jk rowlings, for example, is still valid, because the parties in the agreement are finite
but copyright law as applied to end consumers is completely and utterly unenforceable. its not like you need to have a vinyl printing plant or a tape duplicator to spread media anymore. you simply need to be able to point and click. additionally, its completely international, and completely without economics: the cost to send 100,000 copies of lady gaga to johannesburg, novosibirsk, cartagena, etc is exactly the same as sending one copy of lady gaga across town. your agerage 15 year old today has more publishing power worldwide than bertelsmann, time warner, etc., had in 1990. this really means something, and what it means is: copyright law (as applied to end consumers), is dead, and unenforceable
so let them make ACTA as draconian as the morons want. who fucking cares? 10,000 lawyers in western countries versus 10 million media hungry, technologically savvy and, most importantly, POOR teenagers, worldwide, is no contest. of course i understand the EFF, they are protesting on the matter of principle. and to this extent, they should protest, and you should join them. but remember who we are dealing with here: the media industry. a bunch of sociopathic assholes. principles don't matter to them, so the EFF won't sway them. so i say: go ahead register your principled objections, to clear your conscience, but do not grow disheartened by a lack of response from the lizards. rejoice in the fact the lizards are at an end game, and are dying out, and that there ridiculous ACTA is a useless folly
its called disruptive technology for a reason: it disrupts the status quo. the printing press did away with monarchies, the gun did way with the feudal caste system, the automobile created suburbia, the nuclear bomb did away with world wars, etc.: technology changes society and the law. the law and society do not change technology. well, that's never stopped one shortsighted asshole after another from trying, but their efforts are always futile and pointless, just causing a lot of temporary pain for innocent bystanders. in the end, none of their posturing matters: the internet will assimilate the media industry, resistance is futile
the internet has rendered copyright law as applied to end consumers null and void, despiter all the believers to the contrary, despite all the power they hold. its a fait accompli
the media industry's job now is to embrace its obsolescence. of course, it goes down kicking and screaming instead. but again, who fucking cares? let them pass the most draconian ACTA anyone can imagine in their worst nightmares. UNENFORCEABLE. END OF STORY
RIP, vinyl record era copyright law. i'm certain you will exist on the books for a long time to come. but in terms of being an enforceable concept on end consumers in an internet-using society, you're toast
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Actually, the US is misusing ACTA to change its own laws. All those draconian steps in ACTA were promoted and forced through by nothing less than the US Government, to protect what is essentially an economy that relies increasingly on immaterial goods after having outsourced manufacturing to China and elsewhere. Other ACTA participants are bearing the pressure of the US here, rather than vice-versa.
cpghost at Cordula's Web.
requires countries to prohibit software that can break Digital Restrictions Management (DRM), also known as digital handcuffs
So if someone has a library of DRM protected Flash videos and seeks to convert them to some new HTML5 format, they are not allowed to use a simple conversion tool to convert their entire video library. They are instead required to find the original DRM-free source of each video - if it exists?
Essentially the US is letting other countries write the laws for us.
As someone who lives in another country, let me assure you it's exactly the other way around. Many of the proposals in the leaked document come directly from US law, and are being pushed down everyone else's throat with the threat of being blacklisted if we don't agree to it. For instance, Canada's new law that forbids breaking DRM, lobbied for by US groups, pressured for by the US ambassador, and written up by RIAA.
Maury
Stallman might make accurate predictions (though I wouldn't say that all his predictions are all that accurate - it's just that you don't hear much about those which are not), but his suggestions as to how things should be done instead are utopian, to put it politely.
that I asked myself when I read the GPL. why the FUCK doesn't Stallman communicate directly and get away from the obsufcated communication style that he uses.
If the GPL causes you so much distress, I suggest you go try to read a typical proprietary EULA. Then maybe that will cause your head to explode and we'll all be better off.
The entertainment industry does not have either a) a right to exist or b) a right to make money. Agreements such as ACTA and laws like the DMCA provide those rights. The MAFIAA wants to have it both ways: it's a free market when it comes to pricing, competition and business practices, but it's draconian laws when it comes to finding ways to support it's aging business model, and force people to pay when there are better alternatives available.
The guilt card about lack of employment for software and media producers is priceless. Not to mention that the business value of "production" versus "creation" is questionable. Never mind how many of those in Mr. Stallman's world have lost their jobs to precisely the unethical business practices he rails against. Like me, they will have to find ways of adapting to a world with changing ideas. Or, like you say, maybe they can just go on welfare. I, for one, won't pity them, for none was shown to me.
"Please describe the scientific nature of the 'whammy'" - Agent Scully
Actually, the reason Morocco is involved in the ACTA negotiations (it is definitely an outlier when you look at the rest of the parties) is likely because the US already has a free trade agreement with them that includes IP enforcement provisions that the USTR points to as a basis for ACTA.
"Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
The current draft text of ACTA still includes language that permits "graduated response" or "three strikes" laws in a section that was contributed by EU countries.
The European parliament has several times explicitly removed the concept of the "three strikes" rule. Which countries are you referring to?
What he can't kill, he has sex on. Trent.
I agree with your first paragraph about resistance.
But extra resistance for an unnecessary conflict is where I draw the line. Once the govt does start sinking billions into the new policies, there will be an investment in them that makes them entrenched. What's more, the govt isn't some distant enemy... they are right here using OUR resources for this shit.
So the attitude of "who cares what they do, we'll eventually win" I do not agree with. Its encouraging the waste of money, resources, trust and civility.
The best course is to prevent something like ACTA from being adopted in the first place.