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Reinier Bakels wrote:
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite">I believe it is more productive (likely to be successful
in the foreseeable future) to concentrate on the *contents* of
copyright than on a reduction of the term</blockquote>
Thanks for the <i>advice</i>, however in PIRATA we won't follow it and
I think the rest of pirate parties also won't -as they also have
reducing term & scope (why do you always forget to talk about
scope? aren't you willing to reduce the scope of commercial rights?) as
their goals-.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite"> (even thoough I find it preposterous to own the copyright
- together with my cousins - for the paintings of my grandfather
(google Reinier Sybrand Bakels) until I am 78 - but the purpose was
allegedly to cater for the grandchildren during their lifetime!)<br>
</blockquote>
You said, and it's true, that the current tide aims to even enlengthen
the term of commercial rights; I think that if you find preposterous to
cater for the grandchildren, you will find even more preposterous to
cater for the grandgrandchildren. Thus, you'll agree on this issue
being hugely important.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite">Hot issues include: </blockquote>
Hot issues will include those issues decided by each national pirate
party -in the national scope-, or agreed by European pirate parties -in
the EU scope-, or agreed by all pirate parties -in the worldwide scope-.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite">the fact that no "fair use" exception exists in Europe</blockquote>
If <i>fair use</i> -don't know otherwise what would you meaning with
it- is "<i>is a doctrine in <a
href="http://en.wikipedia.org/wiki/United_States_copyright_law"
title="United States copyright law">United States copyright law</a>
that allows limited use of copyrighted material without requiring
permission from the rights holders, such as use for scholarship or
review</i>", then it exist in EU legislation -check 2001/29/EC's
article 5; the problem with article 5 is that it states that Member
States "<i>may provide</i>", thus the <i>fair use</i> is not
guaranteed but allowed (in Spain it is actually implemented, though in
a highly restricted manner)-.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite">rules on a proper (balanced) application of the TRIPS
three step test for exceptions</blockquote>
TRIPS is litter, starting with it's very TR<b>IP</b>S name.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite">Like a politician told me once: youngsters today steal a
MP3, and tomorrow they steal a bycylcle: they no longer learn to
respect property. Well, this statement obviously is wrong in several
respects. but it shows the political mood.<br>
</blockquote>
And shows the need to counter such puerile arguments from traditional
politicians, i.e., not leaving human rights aside, but clarifying that
a thing that is not a property cannot be stolen, etc.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite">To give an example in another field: when the Data
Retention directive was discussed in the Dutch parliament, when
someoone noted that there are major blank spots like Skype and Hotmail
that can not be covered by "data retention", the typical
christian-democrat law&order representatives urged the minister (a
christian democrat himself) to strive for the elimination of such
blank spots. In p[oliticis it is irrelevant that it is nonsense from
the substantive perspective. The spokesman for juristice in the liberal
party (which is not liberal but simply conservative) used to be a
policeman, and then made career to become a public prosecutor befor he
became a MP. When he was told that fighting filesharing ("illegal
downloading") really is unfeasible unless a disproportional police
effort is made: he considered that a challenge rather than a warning.</blockquote>
Forget traditional politicians, they cannot be <i>saved</i> xD I think
our goal is not to convince them, but to convince eligible voters that
traditional politicians cannot be convinced that violating civil rights
and liberties is not a challenge, but a forbidden issue -and, thus,
that eligible voters should use elections to get rid of those parties
and to fill parliaments with new ones, ones which have serving and
representing the citizens will as their maximum priority-.<br>
<blockquote cite="mid:6570DEBCA69B4ADD81D445DB0FAD7F69@RBB2008"
type="cite"> But on the other side of the Dutch political spectrum
there are problems as well. We have a second far left wing socialist
party in NL (similar to the German "Linke"), but the spokeswoman for
copyright matters was hijacked by (I guess) record companies who
learned her to care for the pop musicians. Tough copyright enforcement
as a socialist issue! (The human rights of thee pop musicians!) The
desperate record industry is prepared to do everything. Like Christian
Engstrom (PPSE) once said: a falling giant can cause a lot of damage!<br>
</blockquote>
That's a historical issue in Spain. Since the Gonzalez Administration
(and the 1987 IP Law, passed by the <i>Socialist</i> government), PSOE
always behaved as lobbies palladin; last february, in campaign, <b>Jose
Luis Rodriguez Zapatero told Spaniards that paying the private copying
levies was ... a patriotic issue!</b> :-O<br>
<br>
When you have all flavours in current parliament agreeing on the c
word, levies and all that stuff -<b>2006 IP Law was passed with zero
votes against</b>; some weeks ago, a non-law proposition was passed,
again, <b>with zero or almost zero votes against, aiming to give RMOs
censorship powers in the Internet</b> (they didn't remove that, but
just added cosmetic changes)-, then it's time for PIRATA -and other
legal parties not currently in the Spanish Congress, which declare
being at the eligible voters service- and for citizens getting rid of
traditional parties via ballots.<br>
<br>
<br>
Carlos Ayala<br>
( Aiarakoa )<br>
<br>
Partido Pirata National Board's Chairman
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