It’s time EU laws caught up with technology
changecopyright.org
changecopyright.org
Politicians usually update our laws to catch up to technology by banning, restricting, or regulating it.
We'd have to change the power structure to get new laws that "create room to tinker, create, share, and learn on the internet."
The problem is not the politicians, they're just an easy scapegoat.
You can influence the society by voting with your money. Money is power and every time you give money to someone you give them power. Choosing who you work for, what products you buy (not only with money but also with your privacy) has enormous impact.
This doesn't really need a government to "create room to tinker, create, share, and learn on the internet", it just needs the government(s) to fairly apply the law and punish businesses who rampantly abuse it. With US DMCA claims, all are made under the penalty of perjury that the claims are valid and true - how many stories do you know of that are about companies being punished for an overreach of copyright claims or for false claims? The answer is likely none because despite there being debate over the copyright misuse in courts, there are just too many damn instances of copyright misuse to even start with.
It's a considerable imbalance in US law because it's truly a case of where a wealthy few are able to protect their rights and use the law as a cudgel to get their way, and often their claims have no basis or are not covered by the copyright law as the companies want to interpret it. However, individuals do not have the resources to adequately challenge these claims, and the fraudulent DMCA claims have effects beyond the takedown.
Take "fair use" in copyright. The language in the copyright law is a bit of a fiction. Fair use is just a loose description of an underlying constitutional right, freedom of speech. The language used in copyright law doesn't trump the constitution. So while it is one-sided, that side is balanced by the constitution, which is also rather one-sided.
A copyright law that attempted to be two-sided would have to define constitutional rights, something that can/should not be done in a law. Its a fools errand. Instead, you write a one-sided law, with some loose nods to constitutional rights, then leave it to the courts to ensure that you haven't trampled too much. If you haven't, then the law stands. If you've gone too far, the law is quashed and you have to start again. That's our system.
While I understand your point there are some major differences in the purpose of murder laws and copyright laws and specifically in how they are carried out. You can't automate murder charges; you can't issue thousands of murder charges a day against someone. The onus is on the accuser to have evidence and they are required to present that in trial before anything legally actionable can happen. There has to be reasonable cause for suspicion to deprive a person of rights over a murder charge. And most importantly perhaps, murder laws can be used by people far more evenly.
My issue with copyright claims is that there's no cost to the companies for lying or being wrong. There's no reason to not send out dmca notices if you have no proof or are wrong. Murder is pretty clear cut in whether or not a murder has occurred, it's the "whodunnit" that is on trial. With copyright, whether a crime has actually been committed isn't as clear.
When a dmca is sent, it must include an oath, under penalty of perjury, that the information is accurate. If you lie in court, you get punished for perjury. Not so with dcma. An individual cannot win against a corporation as a rights holder -- this has been tested and often nothing happened except the corp eventually stopped the I fringemet after they already profited.
Fun aside, iOS Keeps trying to autocorrect dmca to scam.
Perhaps that's because the acronym is "DMCA", from "Digital Millennium Copyright Act".
And murder charges could be automated like the DMCA. Millions die every year in hospital. We could easily setup a system whereby a wrongful death suit (one of the many civil version of murder) is launched after every death by default. As takedowns are sent on scant evidence, wrongful death actions could start as soon as there is a body. We don't do that because it would be expensive, onerous and silly, which should inform the DMCA takedown process.
No, the claim made under penalty of perjury is one of being authorized to act on behalf of the copyright holder. An entirely different issue.
That's not entirely fair. For example, here in the UK, the government did try to reform copyright to some extent by introducing a private copying exception in 2014. This was several years later than it should have been and followed multiple extensive official reviews of IP laws, but at least they got there.
The exception was reasonably clear and quite tightly defined. Roughly speaking, it legalised actions like format shifting, making backup copies, and storing content on cloud services, provided they were for the personal, non-commercial use of someone who already had a legitimate permanent copy of that work. By modern political standards it was remarkable for following the original spirit of copyright so clearly: an individual would be free to enjoy a work they had lawfully obtained, including taking advantage of modern technologies, but the basic principle of copyright that the individual could not duplicate the work to share it with others was also maintained.
That law was overturned less than a year later following a judicial review, based on technicalities of EU law particularly around compensation for rightsholders.
There are a lot of things wrong with this situation, but in any case it is now abundantly clear that the EU authorities are heavily pro-big-copyright and have no qualms about using their influence to block progressive reforms or anything else that might be a threat to big rightsholders. They have repeatedly interfered both with member states' national governments, as in this case among others, but also on the world stage with organisations like the WIPO, from promoting longer copyright terms (again, contrary to overwhelming public opinion in evidence given to the official reviews) to blocking plans to ease restrictions on libraries so they can perform their public function.
So yes, unfortunately some politicians seem to have completely lost the plot here, but not all of them. Of course, in the particular case I mentioned, the power structure is about to change between the UK and EU authorities, so hopefully whatever deal gets worked out over Brexit will at least escape that particular unwanted interference.
What boggles my mind is that such views are cloaked in the garb of "freedom" but are essentially confiscatory and anti-freedom. They want to take away the freedom of people who create things to share those things on terms of their own choosing.
Copyright doesn't need to catch up with technology. The whole point of copyright is to keep people from getting ripped off. The fact that technological advances make it easier to rip people off doesn't create justification for changing the laws.
But if I was a European, I would still be troubled by the vagueness of the thing. I'm all for putting rhetorical pressure in general directions; but if I am to put my signature on it and send it to a legislator, I want to see some concrete reform proposals.
Instead I see a wish-list of outcomes.
The above petition had an effect on European MEPs.
According to Wikipedia, it looks like it's not the entire EU that's missing a freedom of panorama, but just a few countries:
https://en.wikipedia.org/wiki/Freedom_of_panorama
There are countries where the government mandates what clothes you wear and whatnot, so perhaps their society does not particularly value personal freedom. Thus it doesn't make much sense to me for a US company to intervene here.
Meanwhile, the law seems to be ignored and the cost of an international lawsuit over a picture of a building is prohibitive to nearly everyone, so I'm not too worried.
I don't see any democracy in observing how this system works, only sense of entitlement of the minority.
Getting my voice heard out loud, my interests acknowledged.
Every action I take matters. It just seems that most people prefer a short-cut.
What's strange to me is when people like richard stallman stay loyal to their principles and fight for a better society they get criticized by the same people they want to help!
TL;DR; it may seem that we all want privacy, freedom, etc. but don't want to fight for it.
I don't see many people in society particularly happy.
I don't criticize Stallman, doesn't mean it's the only way to go.
Maybe I'm just young and naive, I don't know. But I like to think I can fight for something. To me at least it seems we are in a golden period (I'm in europe): few wars, few illnesses, more or less freedom of speech.
> I don't see many people in society particularly happy.
This is maybe human's condition? See leopardi.
> I don't criticize Stallman, doesn't mean it's the only way to go.
No way I was implying we should all agree with Stallman, I was only saying that I respect him because he doesn't take "short-cuts".
At that point the ball is handed over to the European parliament (~750 members elected from the 28 EU member states) and the council, i.e. the heads of state .
That means 1-2 years of negotiations and finally political bargaining between the member states.
The big issue is that copyright is only partially harmonised, so after that procedure EU member states have to transpose the EU law into national law.
Along all these stages vested interests will be lobbying. Politicians will cut deals. The EU (at least the eurocrats) will try their best to get an ambitious result, but we all know that it's in the end about politics. Political parties and leaders will make the final call.
There is no abstract EU making decisions about Europe. There are national governments, national parliaments and nationally elected politicians negotiating and cutting deals.
If you want a good copyright framework stop sending incredibly vague petitions. Go and pick up the phone and call an MEP. Go and join a party and make an effort to get into the committee that sets the party line. Go and visit your local politicians' open hours and tell them that you expect them to make their party listen - and offer to provide support.
Then you'll make change happen.
Stop slacktivism. Start informing yourself (by reading the stuff on 21st September) and then take an honest look to try where you can act.
Did you ever write a "big" program completely bug-free? I think we should first start by writing correct programs (e.g. invest more in Coq, linters, etc.) then "pass" our wisdom to law writers.
WE should start using it, when we enough gain experience we start using it in law writing.
As a matter of fact I'm going to check out Coq right now...
Laws should definitely be more declarative though. There seems to be a push towards a more imperative style of law making which results in very inflexible legislation.
Does Mozilla also think that a meme is an image macro or am I misunderstanding here?
For a brief second I saw the sci-fi view of that headline and am now disappointed this isn't about someone's "time laws".
"We're more than the sum of our collective accolades."
"We're bigger than our innovations."