Europe Rejects Plan To Criminalize File-Sharing 291
Lineker points out a report that the European Parliament has rejected plans to criminalize file-sharing by private individuals. The amendment to remove the anti-piracy measures passed by a vote of 314-297. The decision is expected to influence how France, with its strict anti-piracy polices, approaches this issue when it assumes the EU presidency later this year. From InfoWorld:
"France's so-called Oliviennes strategy to combat copyright abuse includes a 'three strikes and you are out' approach: Offenders lose the right to an Internet account after being caught sharing copyright-protected music over the Internet for a third time. The report is significant because it 'signifies resistance among MEPs to measures currently being implemented in France to disconnect suspected illicit filesharers,' the Open Rights Group said in a statement.
I have to ask (Score:5, Insightful)
What about corporate pirates ? (Score:5, Insightful)
Who was it that said that "a corporation has a body but no soul" ?
The problem with not criminalizing it.... (Score:5, Insightful)
Let's say somebody who isn't a big name copyrights a particular work and starts to sell it, and let's say that a big publishing firm sees as a potential threat. What the bigger publishing firm could do is snatch the work and start distributing it (at no cost) online themselves, using their own fatter distribution pipe for the purpose, and effectively locking the smaller publisher out of benefiting from their own work.
This sort of scenario has implications on GNU software also... if file sharing of copyrighted material without permission wasn't criminal, somebody could take some GNU software and make changes and release those changes under whatever terms they wanted via filesharing, since copyright infringement wouldn't apply to them in that case.
I am perpetually amazed at how supposedly intelligent people cannot see that sharing copyrighted files without permission of the author not being copyright infringement is a contradiction in terms.
Re:I have to ask (Score:4, Insightful)
Not quite. I believe the balls were probably sold to a large international corp. through a complicated but effective purchase (or maybe a rent-to-own) program.
That's not to say the EU gets off the hook, the fact this thing even came to a vote (narrowly losing 314-297) means its only a matter of time until it, or a more convoluted version of it, passes.
Re:RIGHT? (Score:4, Insightful)
How the hell do Content Laws have anything to do with Freedom of speech?
We have Canadian content laws in Canada as well.
CanCon laws in no way impeed my freedom to say what I want, when I want. I can say that Stephen Harper is a fucking douche, whos anti-media policies would be right at home in North Korea. I have the freedom to walk right up to his house, knock on his door and say it to his face (if he answers his own door...)
Re:The problem with not criminalizing it.... (Score:5, Insightful)
if file sharing of copyrighted material without permission wasn't criminal, somebody could take some GNU software and make changes and release those changes under whatever terms they wanted via filesharing
Copyright infringement is still a civil tort, and even though you won't be hauled off in handcuffs for trading songs, you can still be sued for it.
The fact that the EU decided not to criminalize file sharing doesn't mean they legalized it.
And by the way, since you brought up the GPL... those of us who are opposed to copyright in general (I don't believe infringement should be a crime or a civil tort) tend to believe that the main effect of the GPL is to give back the rights that copyright law takes away. If anyone could distribute any software without anyone else's permission, would it really matter if some of them didn't include the source code? RMS says yes, but I say no.
Re:The problem with not criminalizing it.... (Score:5, Insightful)
Re:I have to ask (Score:3, Insightful)
Re:Outlawing file sharing is like... (Score:5, Insightful)
Re:The problem with not criminalizing it.... (Score:2, Insightful)
Which brings us to the point. I am not sure how it is in the EU, but in the US, "crime" is a very strong word. It is where murder, rape, fraud, and theft sit and ponder all day. It is so strong, that the government comes to punish you by taking you to court on behalf of the people, and dealing out a hefty punishment in terms of community service, fines, jail time, and death!
Copyright infringement currently falls under Civil law, where the entity being damaged goes after the one who is doing the damage. Now, in civil law, you need to show quantifiable (read: must be in dollars) damage to punish the infringer. You don't need such things for a crime. Also, the punishment isn't (read: shouldn't) going to be community service, fines, jail time, or death.
WHY? Well, in a crime, you tried to damage society and need to pay society or are removed from society. In a civil matter, you pay the guy you damaged all the... damages, court costs, and bit on top for being a bad boy.
In a way thou, maybe copyright infringement should be a crime. As, in a crime, the court needs to prove "without a reasonable doubt" that someone committed it. In a civil matter, I think there just needs to be a high probability. Plus, all the revenue/damages are awarded to society instead of the copyright holder or some pointless middleman who says he represents a bunch of them.
IANAL blah blah blah.
Re:RIGHT? (Score:4, Insightful)
Has this actually happened to you?
Re:I have to ask (Score:2, Insightful)
Re:The problem with not criminalizing it.... (Score:3, Insightful)
Dumb idea in the first place (Score:5, Insightful)
Re:Outlawing file sharing is like... (Score:2, Insightful)
Godwin'd
Thanks [slashdot.org]
Re:The problem with not criminalizing it.... (Score:2, Insightful)
Re:Outlawing file sharing is like... (Score:4, Insightful)
Re:Outlawing file sharing is like... (Score:3, Insightful)
Re:Underground (Score:3, Insightful)
Well, I say... I am sitting not 100M (about 300feet for you Americans) from a free public wireless access point. From my desk I can see at least another 5 with weak or no security.
There is wireless Internet available free for all at the restaurant I eat at down the road. There's free wireless at my local library. You don't have to join the library or ask for any kind of permission to use it.
There are two access points near my house with the same default SSID and no encryption with fairly huge pipes behind them (obviously owned by a bunch of clueless people).
I'd like to see them stop me getting on the Internet. Furthermore, I'd like to seem them trace it back to me, given I was on a public access point, change my MAC address and make a point to sit where there is no security vision (at home, at my office desk, etc).
I hope this post highlights the stupidity that governments with these kind of policies are demonstrating.
Also, since when is Internet access a right for all? I remember that there was an election promise here to give Internet to all because all needed fast broadband connectivity. How is that a priority of the gumbiment?
Re:Outlawing file sharing is like... (Score:4, Insightful)
"Hey motorist, do you think we should have stricter jaywalking laws?"
"Damn straight kid, I'm sick of all these idiots getting in front of my car."
Here's how to see if the people want it or not:
"Hey pedestrian, you just jaywalked, here's a $200 fine, and if I catch you again it's off to jail!"
"You're fucking kidding me right copper? Here's what I think of your ticket." [rip] [rip]
And if I need to explain this to you then frankly I doubt that you ever get out of your car.
Yes it has happened to me (Score:4, Insightful)
I let my colleague do the rest of the buying & interaction. Luckily the firm I visited did not offer such negative interaction... Nonetheless I certainly told my family, friends and colleague to chose other spot for vacation than the US, or learn to disguise their accent and speak perfect english.
Inacurate article? (Score:2, Insightful)
Re:Yes it has happened to me (Score:3, Insightful)
Why US do not like French (Score:2, Insightful)
Because if you're made to not like someone, then you immediatly dismiss any good they're doing, like health, lifestyle, nuclear power, as being BAD, so you don't demand it for yourself...
Re:I have to ask (Score:4, Insightful)
Re:RIGHT? (Score:2, Insightful)
Re:RIGHT? (Score:4, Insightful)
Re:RIGHT? (Score:3, Insightful)
Re:Yes it has happened to me (Score:2, Insightful)
Re:RIGHT? (Score:4, Insightful)
However, Stalin also knew that Zhukov, who was also wildly popular with the troops (a major point of jealousy and paranoia), was the one general he could not afford to execute.
And so, Zhukov was shipped off to Siberia and was brought back when the cronies had things on the verge of catastrophe, such as the defense of Moscow and the siege of Leningrad. And then, there was Stalingrad and Kursk.
In fact, it is said that Zhukov was the only man in the world who could storm into Stalin's office and call him an idiot to his face, which he did on occasion, making everybody around feel like they were about to have a heart attack.
Re:Outlawing file sharing is like... (Score:3, Insightful)
Since you started this debate it does fall on you to cite your sources, please I'm waiting.