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

[Erika Nilsson]

Oops. Thanks and sorry about that. :)


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

> says in the subject. they come from the online version of the
> financial times. pirate ciaos, lx
>
> On Mon, Aug 31, 2009 at 3:25 PM, Erika Nilsson<narnigrin at gmail.com> wrote:
> > 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
> >
> >
> > ____________________________________________________
> > Pirate Parties International - General Talk
> > pp.international.general at lists.pirateweb.net
> > http://lists.pirateweb.net/mailman/listinfo/pp.international.general
> >
> >
> ____________________________________________________
> 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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