Showing posts with label copyright infringement. Show all posts
Showing posts with label copyright infringement. Show all posts

30 June 2012

Japan Criminalizes Unauthorized Downloads, Making DVD Backups -- And Maybe Watching YouTube

There's a fairly constant pattern in the world of copyright enforcement. The media companies claim that piracy is "destroying" their industries, although they never offer any independent evidence to back this up. They "demand" that governments "do something" -- by which they mean introduce harsher penalties for unauthorized downloads. Because of the hypnotic effect that musicians and artists seem to have on politicians, governments happily oblige, even though there is no evidence that such laws will help artists. After the laws come in to force, online sharing may dip for a while, but soon returns to previous levels, so the media companies start whining again, and demand yet tougher penalties. 

On Techdirt.

07 March 2012

Time To Go: Why EU Commissioner De Gucht Has Disqualified Himself From Handling ACTA

Even though the European Commission has referred ACTA to the European Court of Justice, the European Parliament continues to examine the treaty in its various committees. Earlier this week, the one dealing with International Trade met for a preliminary discussion. One of the key speakers was the Commissioner responsible for ACTA, Karel De Gucht, who naturally tried to make light of the many problems that have been raised in recent weeks. 

On Techdirt.

31 January 2012

Newzbin Lawyer Struck Off For Posting Insulting Tweets During Case -- & Failing To Declare He Owned The Company He Defended

Well, this one's bizarre. Back in March 2010 we wrote about the UK Usenet aggregator Newzbin being found liable for the copyright infringment of its users. A year later, the ISP BT was ordered to block access to Newzbin2, its successor. What amounted to the UK's first Internet censorship order was upheld soon afterwards. 

On Techdirt.

25 January 2012

SOPA Stopped: So Back to ACTA

So the Tweedledum and Tweedledee of copyright maximalist legislation, SOPA and PIPA, have been halted in their passage through the US legislative process. Of course, they're not dead, but are sure to return, zombie-like, either as modified versions of the current texts or new ones that turn out to be exactly the same as the old ones at their heart. However, the unprecedented action by the Net world to get the message across that these bills were not fit for purpose does mean that our attention can swivel back to somewhere else where bad things are happening: ACTA.

On Open Enterprise blog.

07 January 2012

Why SOPA Would Be A Disaster For Scientific Publishing

One of the many dangerous aspects of SOPA/PIPA is that its backers seem to have given no thought to what the unintended consequences might be. In particular, there is no awareness that it might wreak serious damage in areas that are very distant from the core concerns of unauthorized copies of music or films – such as scientific publishing. 

On Techdirt.

01 November 2011

Germany To Put Special Monitoring Software On School Computers To Search For Infringement

Just under a month ago, the "Chaos Computer Club" (CCC), which styles itself as "the largest European hacker club", had some disturbing news for Germans:

The largest European hacker club, "Chaos Computer Club" (CCC), has reverse engineered and analyzed a "lawful interception" malware program used by German police forces. It has been found in the wild and submitted to the CCC anonymously. The malware can not only siphon away intimate data but also offers a remote control or backdoor functionality for uploading and executing arbitrary other programs. Significant design and implementation flaws make all of the functionality available to anyone on the internet.
On Techdirt.

18 October 2011

'British Cinema's Golden Age Is Now': So Where's The 'Serious Problem' Of Copyright Infringement?

Last week we learned the UK government has precisely no evidence to support its plans for stricter copyright enforcement, which include disconnection upon repeated accusation. Instead, the best it could come up with was: 

On Techdirt.

04 October 2011

German Politician Who Wanted Two-Strike Copyright Law Should Disconnect Himself After Multiple Infringements Found

One of the most noticeable trends in copyright law around the world is the way countries tend to adopt similar approaches. So after the "three strikes" law was introduced in France, the UK followed suit, and other nations are at various stages of doing the same. A cynic might almost suggest the whole thing was coordinated somehow. 

On Techdirt.

01 September 2011

Cents of Entitlement

The "copyright levy" - typically a charge levied on blank recording media such as audio tapes, CDs and DVDs - is a total anachronism. If it ever had a justification - and I don't believe it did - it was that once upon a time the only content that existed came from "professionals"; if you were making a copy of a song or a video, it was, almost by definition, made by somebody else, and so, the argument went, you "ought" to be paying for something for it, since it might be an "unauthorised" copy.

Of course, the big flaw in this approach was that by demanding (and often obtaining) such a levy, the copyright industries lost their right to complain about those "unauthorised" copies. After all, they were being paid for them, just not through the traditional outlets.

But of course, greedy little things that they are, the copyright companies wanted their proverbial cake and to eat it; and so it has arrived at the ridiculous situation that in many countries they get the levy and still have the cheek to push for ever-more punitive action against that "unauthorised" sharing.

Today, of course, even that supposed logic about paying for unauthorised copies through a levy on recorded media doesn't really hold. We have entered an era of democratised creation, where most people in the West, and many elsewhere, have started taking photos and making videos. This means that an increasingly large proportion of the digital files stored on those blank media are probably yours, and have nothing to do with "professionals". So at the very least that copyright levy, where it exists, should be progressively reduced to reflect that new situation.

But that's not what's happening. Indeed, some not only expect to receive those old levies as a right, but want more:

The copyright industry never seems to have had enough. Starting today in Sweden, they demand a private tax for external hard drives and USB memory sticks.

The tax they demand is about 9 euros for an external hard drive, or 10 eurocents per gigabyte for USB memory sticks. They have previously demanded a tax for cassette tapes, which was how this private taxation right started, and gradually expanded it to blank CDs and DVDs, as well as media players with built-in hard drives. Yes, that includes the latest game consoles — Swedish kids pay about 15% tax to the copyright industry on a Playstation 3.


This is entitlement at its most blatant, and it's time to put a stop to it. Assuming that doesn't happen (after all, if the copyright industries lose this source of income, how will theypay for all the fat cats' salaries?), the quid pro quo should obviously be for those industries not only to drop their calls for punitive copyright enforcement, but to accept, publicly, that these levies actually give the public a right to make copies and to share them.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

28 July 2011

Not So Fast, FAST

FAST - "Federation Against Software Theft" - is manifestly one of the more risible copyright organisations, since it doesn't even know the law (it's not "theft", it's "copyright infringement" - quite different, because nothing is stolen in these cases.)

Since that is what they are paid to do, its PR company keeps sending me FAST's press releases, which I studiously ignore since they are uniformly ridiculous. But its latest missive is so indicative of what the problem is with the copyright industries, I feel obliged to share part of it (sadly, it's not yet online - I'll add it if and when it appears.)

It's about Newzbin 2, which it inaccurately claims

aggregates a large amount of the illegally copied material found on Usenet discussion forums.

Of course, there's no aggregation whatsoever, just links: Newzbin 2 is a search engine, like Google. Clearly FAST has the same problems understanding that distinction as it does with the difference between theft and copyright infringement.

But the best bit comes towards the end:

Our stance has always been one of carrot and stick – ensuring that customers are educated on the economic impact of piracy as well as advocating compliance with the law protecting creators.

Except, of course, there is no carrot there, just propaganda and threats. And the propaganda is wrong: as I - and others - have noted, there's growing evidence to show that piracy actually boosts sales.

This neatly sums up the problem with the copyright maximalists. Rather than focussing on giving customers what they want - easy access to digital products at reasonable prices - they spend all their time focussing on the stick. Little wonder, then, that the current "victory" in the courts will prove as hollow as all the others, because there is still no "carrot" being offered as an alternative...

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07 June 2011

Good Apple, Bad Apple

Since Apple has replaced Microsoft as the leading patent-wielding cheerleader for closed-source computing, it will come as no surprise that I have no intention of providing a rapturous run-down of yesterday's wondrous announcements. But there is one aspect I'd like to explore, because it has interesting wider implications.

On Open Enterprise blog.

02 June 2011

The Real Legacy of the Hargreaves Report?

Now that the dust has settled a little on the Hargreaves report, I thought it might be worth revisiting it, but looking at it from a slightly different angle. Before, I noted its sensible thoughts on software patents; there's also much good stuff on orphan works, one of the areas crying out for a way to unlock the riches currently unavailable. But I want to step back and look at the bigger picture, and how in addition to offering their specific recommendations, Professor Hargreaves and his team have done something rather clever.

On Open Enterprise blog.

25 November 2010

Why ACTA is Doomed (Part 2)

A couple of days ago I wrote that ACTA was doomed because its attempts to enforce copyright through even more punitive measures will simply alienate people, and cause more, not less, copyright infringement. Here's indirect support for that view from a rather surprising source: a paper [.pdf] published by WIPO (although it does emphasise "The views expressed in this document are those of the author and not necessarily those of the Secretariat or of the Member States of WIPO").

In the context of enforcement it has the following to say about the continued failure to "educate" (= indoctrinate) people about the sanctity of copyright, noting that it is a lost cause because piracy is so widely accepted today:


The most comprehensive comparative analysis of these issues to date is a 2009 Strategy One study commissioned by the International Chamber of Commerce. Strategy One examined some 176 consumer surveys and conducted new ones in Russia, India, Mexico, South Korea, and the UNITED KINGDOM. Like nearly all other surveys, Strategy One’s work showed high levels of acceptance of physical and digital piracy, with digital media practices among young adults always at the top of the distribution. The group concluded that “hear no evil, see no evil, speak no evil’ has become the norm” (ICC/BASCAP 2009). At this point, such findings should come as no surprise. In the contexts in which we worked, we can say with some confidence that efforts to stigmatize piracy have failed.

There is little room to maneuver here, we would argue, because consumer attitudes are, for the most part, not unformed — not awaiting definition by a clear antipiracy message. On the contrary, we consistently found strong views. The consumer surplus generated by piracy in middle-income countries is not just popular but also widely understood in economic justice terms, mapped to perceptions of greedy United States of America and multinational corporations and to the broader structural inequalities of globalization in which most developing-world consumers live. Enforcement efforts, in turn, are widely associated with the United States of America pressure on national governments, and are met with indifference or hostility by large majorities of respondents.

It also makes this rather interesting point about the changing nature of people's music collections:

The collector, our work suggests, is giving ground at both the high end and low end of the consumer income spectrum. Among privileged, technically-proficient consumers, the issue is one of manageable scale: the growing size of personal media libraries is disconnecting recorded media from traditional notions of the collection — and even from strong assumptions of intentionality in its acquisition. A 2009 survey of 1800 young people in the UNITED KINGDOM found that the average digital library contained 8000 songs, with 1800 on the average iPod (Bahanovich and Collopy 2009). Most of these songs — up to 2/3 in another recent study — have never been listened to (Lamer 2006). If IFPI’s figures are to be trusted, up to 95% are pirated (IFPI 2006).

Such numbers describe music and, increasingly, video communities that share content by the tens or hundreds of gigabytes — sizes that diminish consumers’ abilities to organize or even grasp the full extent of their collections. Community-based libraries, such as those constituted through invitation-only P2P sites, carry this reformulation of norms further, structured around still more diffuse principles of ownership and organization.

What's really fascinating for me here is that it clearly describes the trend towards owning *every* piece of music and *every* film ever recorded. The concept of owning a few songs or films will become meaningless as people have routine access to everything. Against that background, the idea of "stopping" filesharing just misses the point completely: few will be swapping files - they will be swapping an entire corpus.

The whole report is truly exciting, because it dares to say all those things that everyone knew but refused to admit. Here are few samples of its brutal honesty:

To be more explicit about these limitations, we have seen no evidence — and indeed no claims — that enforcement efforts to date have had any impact on the overall supply of pirated goods. Our work suggests, rather, that piracy has grown dramatically by most measures in the past decade, driven by the exogenous factors described above — high media prices, low local incomes, technological diffusion, and fast-changing consumer and cultural practices.

...

we see little connection between these efforts and the larger problem of how to foster rich, accessible, legal cultural markets in developing countries — the problem that motivates much of our work. The key question for media access and the legalization of media markets, in our view, has less to do with enforcement than with fostering competition at the low end of media markets — in the mass market that has been created through and largely left to piracy. We take it as self-evident, at this point, that US$15 DVDs, US$12 CDs, and US$150 copies of MS Office are not going to be part of broad-based legal solutions.

Fab stuff - even if it is not quite official WIPO policy (yet....) (Via P2Pnet.)

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22 November 2010

Why ACTA is a Doomed

There is a great new paper out with the title "ACTA as a New Kind of International IP Law-Making":

The ACTA negotiations are important not only for the potential impact of the treaty itself, but for what they can teach us about the dynamics of intellectual property law-making and the structure of the IP treaty framework. This paper draws two broad lessons from the progress of the ACTA to date which, while not entirely new, can be understood in a new light by looking at the detailed development of the ACTA text: (1) that the global IP 'ratchet' is not inexorable; and (2) that the international IP treaty framework is very poorly adapted to developing exceptions. The relevance of these lessons for negotiators, scholars and advocates is also discussed.

It's very thorough, and well-worth reading all the way through. But I'd like to single out the following section as particularly worthy of attention:

there is the question of public perceptions as to the value and fairness of the agreement. A perception that it is fair as between stakeholders is important to IP law, which it is not readily ̳self-enforcing.‘ By this I mean that IP law requires people to self-consciously refrain from behaviours that are common, easy, and enjoyable: infringement is so easy to do and observing IP rights, particularly copyright, involves, particularly these days, some self-denial. IP law therefore needs support from the public in order to be effective, and in order to receive any such support IP law needs to address the needs of all stakeholders. 135 Treaties that strengthen enforcement without addressing the needs of users look unfair and will bring IP law further into disrepute.

I think this is a profound point. As we know, copyright infringement is taking place on a massive scale, especially among younger members of society. It's clear that this is largely because they do not perceive present copyright law as either reasonable or fair, and so they simply ignore it.

ACTA will make copyright law less fair and even more unreasonable. The inevitable consequence will be that people will respect its laws even less, and feel even more justified in doing so. And so we have a paradox: the more that ACTA is put into practice, the more it will weaken the edifice it was supposed to buttress. (Via @StopActaNow @FelixTreguer.)

Follow me @glynmoody on Twitter or identi.ca.

21 September 2010

Intellectual Monopolies, the Open Net and ACTA

Well, it was bound to come one day, but it's still shocking:

A group of senators want to hand the U.S. Department of Justice the power to shut down Web sites dedicated to the illegal sharing online of film, music, software, and other intellectual property.

"The Combating Online Infringement and Counterfeits Act will give the Department of Justice an expedited process for cracking down on these rogue Web sites regardless of whether the Web site's owner is located inside or outside of the United States," according to a statement from Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, and committee member Sen. Orin Hatch (R-Utah).

Under the proposed legislation, the Justice Department would file a civil action against accused pirate domain names. If the domain name resides in the U.S., the attorney general could then request that the court issue an order finding that the domain name in question is dedicated to infringing activities. The Justice Department would have the authority to serve the accused site's U.S.-based registrar with an order to shut down the site.

According to a staffer from Leahy's office, if the site resides outside the United States, the bill would authorize "the attorney general to serve the court order on other specified third parties, such as Internet service providers, payment processors, and online ad network providers."

So let's unpick that a little.

Once more, rather than fix their broken business models, the media and software industries want special "protection", with access to the most important medium to be turned off simply because it suits them. This places the maintenance of government-supported monopolies in a couple of sectors above things like the rights of hundreds of millions of users.

For note that this is effectively censorship by fiat: the Justice Department can apparently simply decide which sites are hosting infringing material, and have them shut down. Due process doesn't seem to enter into it, and if passed you can be sure this legislation will be used widely and abusively.

But there's worse: the US wants to arrogate these powers to itself even if the Web sites are outside its territory. Since much of the Internet's infrastructure is run from the US, that's a real threat. It's also the strongest argument so far why we need to decentralise the Internet further, and remove it from the influence of any one country - including the US.

There's another important aspect, too. One of the constant refrains during the ACTA negotiations is that the latter won't force the US, say, to introduce new laws. It looks like that will be true - because the US is introducing them anyway. But make no mistake, this kind of censorship lies at the hart of ACTA.

The choice is stark: intellectual monopolies or an open Internet - you can't have both....

Follow me @glynmoody on Twitter or identi.ca.

25 June 2010

Those that Live by the DMCA....

This was a pleasant surprise, a *summary* judgment against Viacom in favour of Google:

Today, the court granted our motion for summary judgment in Viacom’s lawsuit with YouTube. This means that the court has decided that YouTube is protected by the safe harbor of the Digital Millennium Copyright Act (DMCA) against claims of copyright infringement. The decision follows established judicial consensus that online services like YouTube are protected when they work cooperatively with copyright holders to help them manage their rights online.

On Open Enterprise blog.

15 April 2010

Digital Economy Act: Built on Sand

One of the many frustrating aspects of the recent debate on the Digital Economy Bill was the constant repetition of two major inaccuracies. The first, that unauthorised file sharing is theft, argues an appalling level of legal literacy among our elected representatives. Such file sharing is actually the infringement of a time-limited, government-granted monopoly, which is very different from stealing your bicycle (for a handy illustration of the difference, don't miss this.)

On Open Enterprise blog.

01 March 2010

Act on ACTA: Write to Your MEPs

As long-suffering readers will know, I've been banging on about the dangers to free software – and much else – of the Anti-Counterfeiting Trade Agreement (ACTA) for a long time. The bad news is that ACTA hasn't gone away or got better in that time; the good news is that more and more people are becoming aware of just how awful it is, and why the secrecy surrounding its negotiations is just plain wrong.

On Open Enterprise blog.

22 February 2010

Three Strikes and You're *Not* Out?

Now this is rum.

A little while back, there was a petition on the 10 Downing site:

“We the undersigned petition the Prime Minister to abandon Lord Mandelson’s plans to ban individuals from the internet based on their use of ‘peer to peer’ file sharing.”

I didn't bother signing it because it seemed pretty hopeless in the face of the government's unbending statements on the subject. And now we have the response:

The Government wants as many people as possible to enjoy all the benefits that broadband internet can bring. New technology has changed the way people want to use and access media content, in some cases faster than products and services commercially on offer have developed. We are also clear that the benefits of the internet must include economic benefits for our creative industries and artists. We therefore take extremely seriously the problem of on-line copyright infringement, and have been working closely with rights holders, media companies and internet firms to develop practical solutions to reduce and prevent this.

Yes, yes, yes - *do* get on with it.

There then follows a long, and fairly intelligent commentary on the area and the issues it raises:

We also recognise the need to ensure proper education of consumers, for new attractive legal sources of content as well as a system of notifications. Notifications will play a significant part in that education role, but it is vital that there are attractive legal offers available so that unlawful behaviour is no longer the “default” for many seeking content on-line. Rights holders need business models which work in the new digital environment. That is why we welcomed the announcements such as the Virgin Media and Universal agreement, the development of Spotify and the music offers announced by Vodafone and Sky. These are the types of agreement which will play a critical role in moving the great majority of people away from piracy.

And then, tucked away at the end, there is this:

We will not terminate the accounts of infringers - it is very hard to see how this could be deemed proportionate except in the most extreme – and therefore probably criminal – cases.

We added account suspension to the list of possible technical measures which might be considered if our measures to tackle unlawful file-sharing through notifications and legal action are not as successful as we hope. This is but one of a number of possible options on which we would seek advice from Ofcom – and others – if we decided to consider a third obligation on technical measures. However what is clear is that we would need a rapid and robust route of appeal available to all consumers if we decided technical measures were needed.

"We will not terminate the accounts of infringers": really? Do you think they mean it? Is it a trick? Answers on the back of a CD... (Via ZDNet UK.)

Update: Open Rights Group has a good explanation for what may be going on here: that, as usual, the UK government is simply playing with words, and has no intention of actually listening to reason... (via the Guardian.)

Follow me @glynmoody on Twitter or identi.ca.

04 January 2010

E-book Industry Gets E-diotic

Learning nothing from the decade-long series of missteps by the music industry, publishers want to repeat that history in all its stupidity:


Digital piracy, long confined to music and movies, is spreading to books. And as electronic reading devices such as Amazon's Kindle, the Sony Reader, Barnes & Noble's Nook, smartphones and Apple's much-anticipated "tablet" boost demand for e-books, experts say the problem may only get worse.

Gosh, the sky is falling.

"Textbooks are frequently pirated, but so are many other categories," said Ed McCoyd, director of digital policy at AAP. "We see piracy of professional content, such as medical books and technical guides; we see a lot of general fiction and non-fiction. So it really runs the gamut."

Er, you don't think that might be because the students are being price-gouged by academic publishers that know they have a captive audience?

And how's this for a solution?

Some publishers may try to minimize theft by delaying releases of e-books for several weeks after physical copies go on sale. Simon & Schuster recently did just that with Stephen King's novel, "Under the Dome," although the publisher says the decision was made to prevent cheaper e-versions from cannibalizing hardcover sales.

In other words, they are *forcing* people who might pay for a digital edition to turn to unauthorised copies: smart move.

And it seems old JK doesn't get it either:

Some authors have even gone as far as to shrug off e-book technology altogether. J.K Rowling has thus far refused to make any of her Harry Potter books available digitally because of piracy fears and a desire to see readers experience her books in print.

Well, I'm a big fan of analogue books too - indeed, I firmly believe it is how publishers will survive. But I wonder if JK has ever considered the point that reading digital versions is rather less pleasant than snuggling down with a physical book, and so once you've got people interested in the content - through digital versions - they might then go out and buy a dead tree version?

But no, instead we are going to get all the inane reasoning that we heard from the music publishers, all the stupid attempts to "lock down" texts, and the same flourishing of publishers despite all that.

Follow me @glynmoody on Twitter or identi.ca.