[pp.int.general] Court Decision - Equitable Remuneration

[Rodrigo Pereira]

2010/11/4 Richard Stallman <rms at gnu.org>

> I reported the argument I have seen others make.
> If you want to argue with it, you should argue with them, not with me.
>
>    If filesharing is good, why I need to pay to use it? If is good, they
> passes
>     Berne three-step test <
> http://en.wikipedia.org/wiki/Berne_three-step_test>,
>     then it would be a "exception" like fair use in the USA.
>
> There seem to be influential people in Brazil who think that is mistaken.
> I hope you can convince them they are wrong.
>
>
I'm not trying to convince you but I'm trying to expose why flat rate
propose have weak basis. I'm trying to expose always a new argument. For
example, my new argument against flat rate in Brazil is: "In brazil we have
a broadband access one of most expensive in the world. The current public
policies about internet is create subsidies, not taxes." And "About 30% of
home internet in Brazil is a dialout conection, they will pay the same tax?"
And perhaps: "In Brazil, we have small cities that uses a public wireless
network for free to entire city. People that uses internet for free in this
cities will pay a new tax? Is impossible internet for free?"



>    2. Simply legalizing sharing would lead to punishment by the WTO.
>
>    Not. becouse the TRIPS treaty have a hole for "exceptions" to skip
>    copyright monopoly, for example, the fair use mentioned.
>
> There seem to be influential people in Brazil who think that is mistaken.
> I hope you can convince them they are wrong.
>

I would like very much meet these persons. You have names, or perhaps email
addresses?

I recomend this reading about interpretation of "three-steps test":
http://www.ip.mpg.de/shared/data/pdf/declaration_three_steps.pdf
But the questiom is: Filesharing is against creators interest? I think not,
in contrary.


Rodrigo
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