<html><head><style type="text/css"><!-- DIV {margin:0px;} --></style></head><body><div style="font-family:verdana,helvetica,sans-serif;font-size:10pt"><div style="font-family: verdana,helvetica,sans-serif; font-size: 10pt;">----- Mensaje original ----<br>De: Jan Huwald <jh@sotun.de><br>Enviado: martes, 5 de febrero, 2008 18:19:45<br>Am
Dienstag,
5.
Februar
2008
13:59:00
schrieb
Ricardo
Cristof
Remmert-Fontes:<br>Carlos
Ayala
wrote:<br>> > >
So
I
think
that
would
be
necessary
to
focus
on
the
fact
that
we
shouldn't
need
to
go
against
laws
and
preliminary<br>> > > injunctions,
but
those
laws
and
preliminary
injunctions
should
adapt
to
consuetudinarity
-rules
from
society
habits-<br>> > > and
human
rights
-including
privacy,
balance
between
rights,
etc-.
Regards<br>> >
I
absolutely
agree
with
Carlos:
the
question
isn't
wether
or
not censorship,
DRM
or
surveillance
can
be
circumvented<br>> > or
not.<br>> ><br>> >
The
question
is,
which
legal
system
do
we
want
to
have
as
a
framework
for
our
society.
Though,
actual
approaches<br>> > of
surveillance,
DRM
and
censorship
are
anti-democratic.<br>> ><br>> >
Therefore,
pirate
parties
should
understand
themselves
as
human
rights parties.
Therefore
we
should,
as
Pirate
Bay<br>> > spokesmen
did,
tcompare
this
to
situation
to
China
or
Burma:
IFPI
kicks
human
rights
for
business
purposes.<br>> ><br>> > We
should
try
to
figure
this
issue
out
in
the
media:
it
is
not
about filesharing,
it
is
about
free
speech.
We
should
focus<br>> > on
that.<br>> When
looking
on
past
press
releases,
we've
always
taked
about
free
speech
and against
censorship
(no
matte
how<br>> filesharing-specific
the
issue
was).
What
we really
need
is
a
better
metaphor
_"why"_
(not
"that")
censoring
TPB
in <br>> Denmark
is
no
better
than
censoring
the
Dalai
Lama
in
China<br><br>What I think RIcardo was saying -as he said it as an answer to my former mail- is that it would be dangerous that people finally think of circumvention of laws as a solution against harmful laws/court judgments. Not only because of becoming criminals shouldn't be found acceptable -as I said in my former mail, not only using but even just having DRM-circumventing tools is considered a crime against common law-, but if people find themselves comfortable with that idea of "<span style="font-style: italic;">no problem if X law/court judgment does not allow me to do Y, I'll circumvent the prohibition</span>", I think they won't probably be worried anymore about the true problem: the very existence of that law or the reasons for that judge to release that judgment.<br><br>Of course we can find the best metaphors to make people understand the dangers of censorship, the dangers of privacy loss, etc; however, <span style="font-weight: bold;">what
if</span> -and I say this not just as an hypothesis, but because this has already happened to us in Spain- <span style="font-weight: bold;">people answer us</span> "<span style="font-style: italic;">indeed, <span style="font-weight: bold;">you're right,</span> <span style="font-weight: bold;">but who cares</span>? while I can find CDs without levies/ways to circumvent DRM/ways to access Pirate Bay/etc, it's not my problem anymore</span>".<br><br>So I believe that's our challenge: we should be able to make people understand that now is the time to stop traditional politicians, preventing them from setting and consolidating within the society liberticide laws, preventing them from creating case laws; because if we don't prevent them to do such things, in some years from now it will be extremely difficult, and today's ways to circumvent such harmful laws/judgments will be mercilessly forbidden and punished -with also most of society not finding anything
worrying in that ... because as years pass they become habited to such laws/judgments-.<br><br>I really believe that's our challenge, to avoid society to become paralyzed, drowsy; to make society understand the clear and present danger of this issues. Regards<br><br><br> Carlos
Ayala<br> ( Aiarakoa )<br><br> Partido Pirata National Board's Chairman<br></div></div><br>
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