[pp.int.general] the copyright empire strikes back (2 articles from FT.com)

[Erika Nilsson]

Er. Not only does the second article equal digital pirates with 18th century
pirates, it seems to have got half of its facts wrong (eg. after the Ipred
law was introduced in Sweden, nobody said that illegal downloading decreased
by 40% - how would they have measured that, anyway? - but a lot of sources
mentioned the *total internet traffic* going down by 40-70%. And as we all
know, Piratpartiet did not win a seat in the national parliament) ...

Where did you find these articles?



2009/8/31 Alex Foti <alex.foti at gmail.com>

> Lobbying leads to harder stance on net piracy
>
> By Tim Bradshaw and Salamander Davoudi
>
> Published: August 26 2009 03:00 | Last updated: August 26 2009 03:00
>
> Lord Mandelson, the business secretary, yesterday hardened the
> government's attack on online piracy . The move came after lobbying by
> the film and music industry over concerns that the digital economy
> bill provides an in-suf-ficient deterrent.
>
> The government took the unusual step of adding to an ongoing
> consultation a proposal to suspend the broadband accounts of repeat
> offenders.
>
> The Digital Britain report , published in June when Lord Carter was
> communications minister, had proposed that internet service providers
> write letters to those accused of infringing copyright. Repeat
> offenders could be taken to court.
>
> If this had not reduced file-sharing by 70 per cent after a year, the
> report proposed, Ofcom would be given "backstop" powers to compel ISPs
> to block sites or slow down offenders' broadband connections.
>
> Rights holders, who lose millions of pounds in revenues to piracy
> every year, feared it could take at least two years before tougher
> measures were introduced.
>
> "Since the issue of the consultation, some stakeholders have argued
> strongly that none of those technical measures is powerful enough to
> have a significant deterrent effect on infringing behaviour," said the
> government.
>
> Under the new proposals , Ofcom could be given ex-panded powers
> immediately. Suspension would be a "very serious sanction" that
> "should be regarded as very much a last resort", the government said.
> Access to online public services and other essential sites could still
> be allowed.
>
> The final decision on these "technical measures" will now rest with
> Lord Mandelson rather than with Ofcom. Although Ofcom will advise the
> business secretary, he would be free to "take into account other,
> wider factors and other sources of information" before taking a
> decision, the government said, allowing the authorities to move "much
> quicker" than the regulator acting alone.
>
> Senior film and music executives including Lucian Grainge, head of
> Universal Music International, have met Lord Mandelson to discuss the
> proposed filesharing legislation.
>
> Tom Watson, the Labour MP who resigned in June as minister for digital
> engagement, said the proposals were "silly". He wrote on his blog that
> he was "disappointed" by the new plans "as it would lead to
> accusations that the government had been captured by the big lobby
> operations of powerful rights holders".
>
> Rights holders welcomed the news. "The solution to the piracy problem
> must be effective, proportionate and dissuasive," said the BPI, which
> represents the music industry. But ISPs and consumer groups said
> suspending internet accounts was "disproportionate".
>
> Charles Dunstone, chief executive of Carphone Warehouse, an ISP, said:
> "I don't think you should remove the right of people to the supply of
> a service on the say-so of a third party."
>
>
> Claws and effect
>
> By Maija Palmer, Salamander Davoudi, Tim Bradshaw and Jim,Pickard in
> London and Joseph Menn in San Francisco
>
> Published: August 29 2009 03:00 | Last updated: August 29 2009 03:00
>
> Convicted pirates in 18thcentury Britain were hanged at the edge of
> the sea at low tide and left until three tides had washed over their
> corpses.
>
> Today's digital pirates face somewhat less draconian measures, but
> proposals this week by the UK government to cut off internet access
> from those suspected of illegally downloading copyrighted material
> have created a stir. The move represents a big shift in stance,
> sending a message that a much more punitive line is in prospect.
>
> Back in June the government had outlined a more gradual plan, under
> which internet service providers would write to those accused of
> infringing copyright. If these measures did not work within a year,
> Ofcom, the communications regulator, would be given powers to cut off
> internet access. Now it appears the government is unwilling to wait to
> see if the "softly-softly" approach works, and wants the power to
> disconnect brought in immediately.
>
> The shifting of policy is relevant to the more than 1.5bn internet
> users worldwide, who increasingly access music and films online. The
> legality of sharing music or video files over the internet remains a
> grey area, where many people are deliberately, and manyothers
> unwittingly, falling foul of the law. More than 7m people in the UK
> alone are estimated to be using illegal filesharing sites.
>
> But after 10 years of persistent lobbying, the music and film
> industries finally appear to have won a powerful ally in government.
> Lord Mandelson, the UK business secretary, is leading the push on
> filesharing regulation. Senior music industry figures, such as Lucian
> Grainge, head of Universal Music International, have been influential
> in mobilising Westminster to act. He is one of the government's
> creative ambassadors. He is also on the creative industries group of
> the opposition Conservative party, which opinion polls suggest will
> win the next general election.
>
> There is a growing sense that music and film industry executives are
> starting to attract the attention of policymakers around the world - a
> sense reflected in the speculation over the meeting between Lord
> Mandelson and David Geffen, the Hollywood media mogul and outspoken
> critic of online file sharing, on holiday in Corfu this month. Lord
> Mandelson's office says they did not discuss the subject.
>
> President Nicolas Sarkozy - married to Carla Bruni, a singer - gave
> strong personal backing to a proposed French internet copyright law
> that would have included a "three strikes and you are out" provision
> to cut off internet access for suspected pirates.
>
> A similar law is under discussion in New Zealand. Taiwan, South Korea
> and Italy have already brought in tough penalties for file sharing.
> Sweden brought in a law this year allowing the disconnection of
> persistent illegal downloaders. Early studiesindicate that the
> practice dropped 40 per cent in the first month after the law came in.
>
> The fact that the film, as well as the music industry, is losing out
> to pirates may also be influencing government policy. The threat was
> made clear this year, when the launch of 20th Century Fox's Wolverine
> was sabotaged by the circulation of an illegal copy on the internet a
> month before the film reached cinemas.
>
> "The film industry has been lobbying very hard. They are much bigger
> than the music industry and they have more to lose. It is far cheaper
> to produce an album than to produce a film," says Gregor Pryor,
> partner at Reed Smith, the law firm.
>
> It could, however, be economic realism, as much as the charm of music
> moguls, that has spurred politicians into action. "It may be a
> realisation that in the UK we are a postindustrial nation and the only
> competitive edge we have is our intellectual property," says Iain
> Connor, partner at law firm Pinsent Masons. "UK plc is having its
> resources drained."
>
> "The UK manufacturing base is gone," agrees Cliff Fluet, partner at
> Lewis Silkin. "Look where we make all our money. Formats are big
> business. Look at [talent entrepreneur] Simon Cowell. If we don't have
> protection then we have nothing left."
>
> The creative industries contribute £112.5bn ($183.2bn, €127.5bn) in
> revenue to the UK economy, equivalent to 8 per cent of gross domestic
> product, and employ 1.9m people. Piracy costs the film industry £268m
> a year, according to Respect for Film. It cost the music industry
> £180m in 2008, according to the British Phonographic Industry.
> Worldwide, the number of files downloaded illegally last year has been
> estimated at 40bn. For every track bought online, 20 were downloaded
> illegally last year, according to IFPI, the international music
> industry lobby group.
>
> It is unclear whether new political will can translate into effective
> law, however. Pressure groups are already looking at how to challenge
> the proposed UK measures. The Pirate party, which defends file sharing
> and lobbies for less restrictive copyright law, is now established in
> nine countries - including Sweden, where it has won a seat in
> parliament.
>
> The proposed French "three-strikes" law was thrown out by the
> constitutional council in June, on grounds of freedom of expression
> and the presumption of innocence.
>
> Proposals to cut broadband connection may also be deemed illegal under
> European Union law. Proposed EU telecommunications legislation
> includes a clause stating that internet access is a fundamental human
> right. The decision to cut off access, therefore, may not be one that
> an ISP can take.
>
> There is confusion over how much the law can require of ISPs, says
> Innocenzo Genna, a board member of EuroIspa, the trade grouping for
> European internet service providers. Under European law, internet
> companies are liable only for hosting illegal content, not for
> allowing their customers to view it. "The rights holders are confused
> over the two liabilities, and are trying to get something more from
> ISPs than European directives allow," Mr Genna says.
>
> Charles Dunstone, chief executive of Carphone Warehouse, one of the
> UK's biggest providers, says: "We are going to fight [being forced to
> disconnect customers] as hard as we can. Our fundamental duty is to
> protect the rights of our subscribers."
>
> The music industry sees such arguments as shirking responsibility.
> John Kennedy, chief executive of IFPI, the organisation representing
> the recording industry worldwide, says: "It is not enshrined in any
> law anywhere that one has the right to steal music, films and books.
> There is a crisis in the economy, and as well as respecting rights we
> have to think about the economy and jobs."
>
> In fact, the Brussels telecoms proposals have yet to be adopted and
> could still be subject to change. "We are in a state of flux over
> where national regimes will come down and how they will chime with
> Brussels. September and October [when MEPs return to work] will be an
> interesting time to see how this shakes out," Mr Young says.
>
> In the US the issue has a lower political profile, as the record
> industry is focused on winning voluntary co-operation from internet
> service providers. It stopped suing individual file-sharers in August
> 2008 in what it said was an "act of good faith" aimed at furthering
> talks with the ISPs.
>
> The major labels have asked the big connectivity companies to impose a
> mandatory monthly surcharge on customers for access to approved music
> libraries and to pass along warnings to pirates before cutting off
> repeat offenders. Neither plan has been finalised, leading some in the
> industry to conclude they will never be put into practice. A handful
> of ISPs, however, such as AT&T and Verizon have agreed to pass on
> warnings.
>
> But no ISP is cutting the cord. "This is not something where we're
> turning off customers," says AT&T spokesman Fletcher Cook.
>
> Anumber of court cases in the pipeline may help to bring some clarity
> to the legal posi tion on piracy in Europe. In Ireland, internet
> companies UPC and BT Ireland have refused to comply with music
> companies' requests to cut off suspected pirates. They maintain that
> Irish law does not require them to do so, and it is now up to the
> judges to decide.
>
> L'Oréal's lawsuit against Ebay for not doing enough to stop
> counterfeit beauty products being listed has been referred to the
> European Court of Justice. Defining how much the online auction site
> must do to fight illegal listings would have implications for
> filesharing sites and ISPs.
>
> Advances in technology mean determined pirates will always find a way
> to avoid detection. Virtual private networks, for example, allow
> people to mask their identity, and subscribing to these sites can
> costs as little as €4 a month. There is also a new generation of "dark
> nets" - private networks of computers used for file sharing.
>
> Some argue that the arrival of more legal movie and music downloading
> sites will in the long term wean people off piracy more effectively
> than draconian laws. "Piracy is the sign of a market that isn't being
> met but now you have plenty of legal sites to choose from, which
> rather removes the pirates' moral argument from under their feet,"
> says Mr Fluet.
>
> The high political profile of the issue may also help. Industry
> executives say it is becoming clear to the general public that these
> practices are illegal. However changing behaviour may take time.
>
> The golden age of maritime piracy came to an end in the early 18th
> century after the Royal Navy strengthened its powers - but the battle
> took several decades. Despite its powerful political allies, the media
> industry may be in for a similarly long haul.
>
> Additional reporting by Tim Bradshaw and Jim Pickard
>
> Table
>
> Ways for consumers to access music, films or television programmes
> online range from the illicit to the legitimate, though clarity is
> frequently lacking in between:
>
> *BLACK (facing legal action): Pirate Bay , Mininova , Isohunt
>
> *WHITE (backed by rights holders): iTunes , Hulu , Spotify , BBC iPlayer
>
> *GREY (linking to both licensed and unlicensed content): Megavideo
> (video streaming); Hype Machine (music blog aggregator); Surf the
> Channel , Sidereel (television show search engines)
> ____________________________________________________
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
> http://lists.pirateweb.net/mailman/listinfo/pp.international.general
>
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