Sites that share unauthorized copies of various kinds of digital files are hardly news, and neither are attempts to shut them down. But a recent case in Italy breaks fresh ground here:
On Techdirt.
Sites that share unauthorized copies of various kinds of digital files are hardly news, and neither are attempts to shut them down. But a recent case in Italy breaks fresh ground here:
One of the more extraordinary transformations in the last couple of decades has been copyright's evolution from a rather dry and dusty subject of interest only to a specialised class of lawyers to something that affects everyone every second of their lives online. Indeed, copyright is now arguably among the most important laws around today, and is having a major impact on a wide range of issues - the defeat of ACTA, nominally a treaty about trade, is perhaps the most dramatic example of this.
It's fairly widely accepted that the key digital device in the future will be the mobile phone, not the desktop computer that has had such an impact on Western society for the last few decades. That's partly a question of cost -- if devices are to reach even the poorest in emerging economies, they must be very cheap. But there are also other factors, such as the mobile phone's small size and portability; its rugged design and ability to cope with intermittent power supplies; and the built-in Net connectivity that more or less comes as standard.
As I mentioned a few months back, the ITU's World Conference on International Telecommunications (WCIT-12) starts today in Dubai. Here's its current self-description:
Techdirt has run a number of articles about the ITU's World Conference on International Telecommunications (WCIT) currently taking place in Dubai. One of the concerns is that decisions taken there may make the Internet less a medium that can be used to enhance personal freedom than a tool for state surveillance and oppression.
Last week Techdirt wrote about the perverse attitude of the UK recording industry, which seems obsessed with "stamping out piracy" rather than making more money. Here's a story from TorrentFreak that looks to be another example of attacking first and thinking afterwards:
Anyone who has been reading this blog for a while will be well aware of some of the key problems with copyright in the Internet age. For example, the desire to stop people sharing unauthorised digital files online has led to more and more extreme legislation, culminating in the recent ACTA and TPP. In fact, it is impossible to stop people sharing such files unless you institute total surveillance to check on everything that is uploaded and downloaded. By an interesting coincidence, that is precisely where we are heading thanks to legislation like the Draft Communications Data Bill...
Techdirt has written before about the self-destructive vindictiveness of the copyright industries, which would rather die in a futile attempt to stamp out piracy than embrace new ways of making money that will help to reduce piracy anyway. Here's another example of this blinkered approach from the UK, pointed out to us by Techdirt user Zakida:
A couple of months ago, Ben Zevenbergen explained how the Dutch Supreme Court was finding it difficult to reconcile different aspects of Europe's copyright rules. At the heart of the problem is the copyright levy system, effectively a tax on blank media that is supposed to compensate copyright holders for a supposed "loss" from copies made for personal use.
Angela Merkel may be Germany's Chancellor, and therefore a busy woman, but since she trained as a chemist, you might expect her to have a more positive view about new technology than this statement from a recent interview (original video in German), reported by the Netzpolitik blog, would suggest:
For a while, Techdirt has been tracking Iran's continuing efforts to throttle its citizens' access to troublesome materials online. These have included blocking all audio and video files, and even shutting down Gmail, albeit temporarily. But stopping people accessing sites in this way is not the only approach. Here's another, from a report by Der Spiegel (original in German):
A natural response to the increasingly harsh enforcement of laws against unauthorized sharing of copyright files is to move to encrypted connections. It seems like a perfect solution: nobody can eavesdrop, and so nobody can find out what you are sharing. But as TorrentFreak reports, a German court has just dealt a blow to this approach.
Techdirt wrote about how the UK's Twitter Joke conviction dragged its slow way through the various appeals before finally being resolved with the defendant's acquittal. As you will recall, the issue was somebody making an ill-advised joke about blowing up an airport if he couldn't fly out of it:
A couple of weeks ago, we worried that Brazil's innovative "Marco Civil", a civil-rights based framework for the Internet, was being gradually subverted as it passed through the legislative process. Sadly, it looks like that subtle attack has been taken to its logical conclusion, as Rick Falkvinge reports:
As I noted at the time, perhaps the most revolutionary aspect of the Hargreaves Review of copyright in the digital age was simply the idea that copyright policy should be based on evidence. Of course, the fact that until now it has been determined purely by dogma, and drawing on bogus statistics put out by the copyright industries, is incredibly damning.
The evolution of the V for Vendetta Guy Fawkes mask from a clever element in a comic book and film to a meme and a global symbol of online and offline resistance has been quite remarkable. A highlight of that trend was earlier this year when MPs in the Polish parliament donned the masks in protest against ACTA, spurred on by massive street demonstrations against the treaty that had recently been held across Poland.
Recently I've written about several moves towards mandating openness in various ways - in the UK, Spain and Portugal. That's all well and good, but what people want to know is whether moving to open solutions brings benefits - in particular, whether it saves money. Fortunately, we have a long-running experiment being carried out by the city of Munich that provides us with some hard data.
One of the biggest problems with the current approach to dealing with alleged copyright infringement is the totally disproportionate nature of the action undertaken in response to it. The "three strikes" collective punishment of households that is available in France, New Zealand and South Korea is one example of this. From Finland, we learn about another completely over-the-top action:
A couple of weeks ago, I was reviewing Spain's move to open standards. The good news is that elsewhere on the Iberian peninsular, Portugal, too, is doing great work in this area.
It seems extraordinary that in the area of copyright it is only recently that people have started to consider the evidence before formulating policy. Even now, there is still resistance to this idea in some quarters. Elsewhere, though, there is a growing recognition that policy-makers must have access to the data they need when considering how to achieve given goals.
Yesterday I was writing about open access and open data in the context of the EU's Horizon 2020 initiative. Closer to home, I came across a wonderful real-life example of how open data can almost certainly save not just money, but lives.
In retrospect, it is now clear that the pivotal moment in the campaign against ACTA was last January, when thousands of people took to the streets in Poland despite the sub-zero temperatures there. A few weeks later, similar protests took place across the continent, especially in Eastern Europe, which then influenced politicians at all levels, culminating in the rejection of ACTA by the European Parliament on July 4.
The Stuxnet worm that attacked an Iranian nuclear enrichment facility a couple of years ago was exceptional from several viewpoints. It is believed to have been the costliest development effort in malware history, involving dozens of engineers. It also made use of an unprecedented number of zero-day exploits in Microsoft Windows in order to operate. Finally, Stuxnet seems to be the first piece of malware known with reasonable certainty to have been created by the US, probably working closely with Israel.
Neelie Kroes has emerged as perhaps the most Net-savvy politician in the European Commission, with her repeated calls for a new approach to copyright in Europe that takes cognizance of the shift to a digital world. That's one measure of how mainstream the idea has become. Another is the fact that even copyright hardliners like Michel Barnier, the Commissioner responsible for the Internal Market in Europe, are starting to frame the discussion in a similar way. A recent speech, for example, is entitled "Making European copyright fit for purpose in the age of internet", where he asks whether Europe has found the optimum balance between a number of factors:
Yesterday I was reviewing Mozilla's current position in the browser sector and its wider achievements in the Web world. One thing I omitted to mention there was that even if it did nothing more for the rest of its existence - unlikely given its current fecundity - it would still deserve our thanks for what it managed to accomplish in the early years of its life.
One of the many problems with the "guilty until proven innocent" approach to tackling unauthorized filesharing is that it's not clear exactly who should get the punishment. For example, in France, we saw someone convicted not for infringement that he had committed, but something his then-wife had done and even admitted. And it's not just spousal activity that is problematic, as TorrentFreak reports in this interesting case from Germany:
The rapid uptake of ebooks by the public shows that there is a widespread recognition of their advantages. This would be good news for the publishing industry as it faces the transition from analog to digital formats, were it not for the fact that some publishers keep finding new ways of making ebooks less attractive than physical versions.
Mozilla is now something of a venerable institution in the open source world - the first release of browser code by Netscape took place back in 1998. Even Firefox is eight years old, which seems pretty incredible.
Although things have gotten rather quiet on the TPP front, that doesn't mean that the juggernaut has been halted. On the contrary: after Canada and Mexico signed up to join the negotiations under highly unfavorable terms, it now looks like Thailand is about to do the same, as the Bangkok Post reports:
Last week, Techdirt wrote about a US teenager being banned from using the Internet until his 21st birthday as punishment for his involvement with some Web site break-ins. That seems incredibly harsh, and as Mike noted, earlier bans have been tossed out on the grounds that they were unreasonable.
Techdirt has been following the worsening censorship situation in Russia for some time. Back in July, the country's parliament passed a new law ostensibly designed to "protect the children". It took only a couple of weeks before it was used to shut down the whole of LiveJournal for part of the country. That was apparently because a neo-Nazi blog had been found among the thousands of others hosted there -- an indication of just how blunt this new instrument of censorship is.
One of the rationales behind opening up government data is that it provides greater transparency. That's particularly true in the field of procurement: too often in the past it has been hard to find why exactly all that money was spent, and on what. One of the undoubted achievements of the present UK government is to require much of that data to be made freely available for people to inspect, analyse and query.
Last week I wrote a piece suggesting that FRAND is dying. It was written in the wake of the major UK decision on open standards, and was mostly based on odd bits of anecdotal evidence. So I was rather pleased to learn from Techrights that Spain made a similar decision some years back, something I missed at the time.
Just over a year ago Techdirt wrote about Brazil's Marco Civil -- essentially a civil-rights based framework for the Internet. At the time, we dubbed it an "anti-ACTA", since it seemed to protect many of the things that ACTA sought to attack. It all seemed a little too good to be true, and the post concluded by questioning whether it would survive in its present form.