Bonum Certa Men Certa

Copyright News: EU Copyright Consultation Not Serious, Google 'Gets' It on Copyrights


Summary: Realisation that data can and will be copied, and the building of copyright law to accommodate this new reality

THE EU copyright consultation [1] seems to have become somewhat of a charade [2] or an act of publicity and not much more [3] as "it appears that this is exactly the approach that the Commission is intent to pursue: promoting the interests of one particular tree (content producers) even if this comes at the cost of killing or damaging the rest of the forest." Reaching out to the public helps promote the perception of serving the public while doing exactly the opposite at the end. Real copyright reformists in Europe are meanwhile being treated worse than murderers and rapists [4]. While some entities, including Getty Images [5], try to reform in preparation for a new age of abundance, others continue to fight the reality of the Net [6,7,8,9,10], seeking to just criminalise everything rather than legalise and adequately embrace. One European activism site says that "EU Commission Must Rapidly Publish Responses to Consultation" [11], paving the way to a much-needed copyright reform [12] in the age of copyright trolling [13] and censorship using copyright law (more on that in the next post). "There is significant, credible evidence emerging that online piracy is primarily an availability and pricing problem," Google states. [14] Well done for saying it.

Related/contextual items from the news:

  1. Last Chance to Submit to EU Copyright Consultation

  2. Does The European Commission Really Think The Internet Is A 'Value Tree' That Requires A 'Transmission Belt Of Euros'?
    Optimists might see the extra time as a sign that the Commission is genuinely interested in gathering as wide a range of public views on this subject as possible. But a post from Paul Keller raises the possibility that this is just window-dressing, and that it has already made up its mind about what it will do on copyright regardless of what the public thinks

  3. No the Internet is not a 'value tree'
    In recent weeks officials at the European Commission’s Internal Market and Services Directorate General (which is in charge of copyright policy) have been passing around this diagram of what they call the ‘Internet Ecosystem value tree’...


    We need a departure from the one-size-fits-all approach of traditional copyright towards a system that is more flexible and better adapted to the needs of all stakeholders. This includes professional content creators and distributors who need adequate levels of protection for their works, educators and cultural heritage institutions who need more freedoms to do their work in the digital realm, and also end users and researchers who should not have to fear that making use of the Internet will turn them into copyright infringers.

    A first step towards ensuring that copyright positively enables all of these outcomes would be to increase the scope of user rights (through updating the existing list of copyright exceptions) and to make copyright more flexible (through the introduction of a fair-use type exception). In the long run this will mean simplifying the way copyright works, and ensuring that copyright protection is only granted where it is necessary (or wanted by the creators).

    Looking after the interests of all trees in the Internet Ecosystem is also in the interest of the particular value tree that the Commission seems to care so much about. If the copyright rules continue to hinder those online activities that are not primarily motivated by a transmissions belt of €s, copyright will lose legitimacy and be detrimental primarily to those who rely on the protections offered by copyright law.

  4. Pirate Bay Founder’s Detention Extended Based on “New Evidence”
    Pirate Bay founder Gottfrid Svartholm's custody has been extended for four more weeks after the court reviewed new evidence. The prosecution presented an encrypted container found on Svartholm's computer which links him to the CSC hack, but according to his lawyer this doesn't rule out that someone else carried out the hacks remotely.

  5. Getty Images opens treasure trove to bloggers, tweeters

    Looking for free, high-quality images for your blog or other noncommercial uses? Getty Images has begun using social media and personal sites as a way of drawing attention to its licensable images.

  6. NBC Crows About Thwarting 45,000 'Illegal' Olympic Videos, Ignores The Fact That It Drove Users To Them

  7. Police Raid “Movie Cammer” and Family Twice – Then Drop All Charges

  8. VPN Users 'Pirating' Netflix Scare TV Networks
    TV networks in Australia are expressing fresh concern that local viewers are 'pirating' Netflix with help from VPN services. Officially unavailable Down Under, Netflix reportedly has up to 200,000 Aussie subscribers who evade geo-blocking mechanisms to happily pay for the service.


    Naturally there are no official figures on how many people watch Netflix this way but estimates range from 20,000 up to 200,000 subscribers. Highlighting how the TV networks view these people, an article this morning in News Corp-owned The Australian went as far as labeling subscribers as “pirates”, even though they are paying for the service.

  9. ‘Domains by Proxy’ Hands Over Personal Details of “Pirate” Site Owner

    To shield their identities from the public, many site owners use domain privacy services. Domains by Proxy is one of the most used services in this niche, but the operator of a linking site found out that it's far from secure. Responding to an inquiry from the Motion Picture Association, the company shared his personal details.

  10. International Music Organizations Claim Aereo Must Be Illegal Because Of International Trade Agreements
    For many years, we've highlighted how copyright maximalists have abused the international trade process to expand copyright monopolies around the globe. If you're interested in the history there, I highly recommend the book Information Feudalism: Who Owns the Knowledge Economy?, which details much of the history. Defenders of this policy love to pretend that international trade agreements can't bind US law, but reality is quite different. Time and time again, we've seen maximalists use international agreements to get their way either in ratcheting up copyright law even further, or pressuring courts into certain positions. This is one of the reasons (one of many) that we're so concerned about new agreements like the TPP and TTIP/TAFTA. Even if the USTR claims (incorrectly) that nothing in them goes beyond US law today, they can not only limit the changes Congress can make to copyright and patent law, but these issues can show up in court cases, potentially hindering innovation.

  11. Copyright Reform: EU Commission Must Rapidly Publish Responses to Consultation
    Paris, 7 March 2014 — The European Commission's Public Consultation on the review of EU copyright rules closed on 5 March 2014 (LQDN's answer). It is now essential for the Commission to publish as soon as possible all responses to ensure a transparent policy-making process.

  12. Outdated copyright laws must adapt to the new digital age
    The ways that we create and consume culture has fundamentally changed with the digital revolution and the rise of the internet, making it increasingly difficult to distinguish between the producers of content on one side and consumers on the other – says Maël Brunet

  13. News Editor Copyright Trolls Pirating Political Party – and Gets Paid

    To draw attention to "broken" copyright law, the editor of a popular news site turned the tables on a leading German political party. Finding the government's Social Democratic Party using a Creative Commons work without permission, he sent them a troll-style settlement demand - and got paid.

  14. Google: Piracy is An Availability and Pricing Problem

    In a recommendation to the Australian Government, Google warns that draconian anti-piracy measures could prove counterproductive. Instead, the Government should promote new business models. "There is significant, credible evidence emerging that online piracy is primarily an availability and pricing problem," Google states.

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