[pp.int.general] copyright vs. "droit d'auteur"

[Carlos Ayala Vargas]

Reinier Bakels wrote:
> My experience is different. (No, not just of my own messages!) One is 
> only "convincing" if both the argument is OK *and* the receiver of the 
> message is prepared to accept it.
 From my experience, many SMEs -SMEs are one of most suffering victims 
of levies; ask APEMIT, VACHE, hairdressers, etc, to name a few examples- 
are prepared to accept it; from my experience, many non-SGAE authors are 
prepared to accept it; from my experience, many Internet intensive 
(i.e., reading slashdot, digg, etc) are prepared to accept it; who is 
not? Let's gonna work on informing those who are not.
> You also referred to Zapatero and levies. We should not forget that 
> the levy issue requires some knowledge for a proper judgement. It is 
> not immediately obvious to the outsider that levies are wrong.
Well, actually even many PSOE voters were sick hearing the man they were 
about to vote stating that about levies and patriotism -although they 
still were willing to vote Zapatero for other reasons (/un/useful voting 
and such)-.
> And the propaganda of the IFPI and its allies is strong. But the 
> counter-argument is easy. No outsider ever believes that one should 
> pay also for copying his OWN (legally obtained) CDs onto a MP3 player 
> or PC disk.
Mmm ... that's not private copying, at least in Spain; that's not the 
only private copying scenario. e.g., *if Cuatro channel broadcasts 
*/*House*/*, and I save the episode* in a tape/CD/DVD, the episode has 
been legally *accessed* -there is no need for me to purchase and/or own 
the source (*I don't own the source*), according to Spanish law- and, 
thus, given other legal requirements from Spanish /IP/ law, article 
31.2, about its usage -e.g., I cannot use it to be broadcasted (though 
P2P may not be considered broadcasting according to Spanish /IP/ law, 
article 20.1 ... experts doesn't agree on this, the wording of Spanish 
/IP/ law is deliberately ambiguous)-, *the copy is fully legal*.

What applies to some countries doesn't apply to others; Directive 
2001/29/CE gives countries certain margin to create cases where 
authorization of authors is not required, and private copying in Spain 
is one of them.
> Still it is considered a copyright-protected "multiplication" act.
Remember: no /c word/ in Spanish legal framework.
> No human rights are needed to explain this!
Except PROMUSICAE pushes Telefonica SAU and brings the case to ECJ; and 
ECJ hints that Spanish Congress may encourage and pass a law where what 
personal data is may be redefined -just to know who fileshares, just to 
harass filesharers (even if courts of justice were not going to find 
them guilty)-; and then all Spaniards' privacy becomes compromised. In 
that case, of course human rights are needed to explain this. We talked 
about it at our reply to the EC consultation on levies

http://int.piratenpartei.de/Levies_Questionnaire#An_basic_question_about_levies
http://int.piratenpartei.de/Levies_Questionnaire#How_should_the_compensation_work.3F

We are going to use -we are actually using- human rights as part of our 
arguments. It is necessary for us.


                                                                                                    
Carlos Ayala
                                                                                                    
( Aiarakoa )

    
                                                                          
Partido Pirata National Board's Chairman