Showing posts with label World Copyright Summit. Show all posts
Showing posts with label World Copyright Summit. Show all posts

Sunday, June 14, 2009

Senator Orrin Hatch... And The Lies The Copyright Industry Tells; TechDirt, 6/12/09

Mike Masnick via TechDirt; Senator Orrin Hatch... And The Lies The Copyright Industry Tells:

"Furthermore, and more importantly, if Senator Hatch believes that "commercially-viable products created out of one's own mental processes deserve the same protection under the law as any other tangible product or piece of real estate," then clearly the Senator believes in the right to resell such property once you bought it, at a reasonable price. So if I buy a copy of a song by Senator Hatch, clearly, by his own words, I should have the right to resell it to others or to make a copy of it -- just as I have the right to make a copy of a physical chair that I buy, or to resell the chair that I have bought.

Or did Senator Hatch not mean what he said? Did he really mean that only some property rights should be granted? That is, should we only grant property rights that favor big industries at the expense of both consumer and social welfare?

[Sen. Hatch]: Appallingly, many believe that if they find it on the Internet then it must be free. I have heard some estimates cite no less than 80 percent of all Internet traffic comprises copyright-infringing files on peer-to-peer networks.

Ah, a misleading demonization. Senator Hatch has "heard some estimates." Why not cite them so that they can be responded to accurately? Perhaps because Senator Hatch knows they do not hold up under scrutiny.

[Sen. Hatch]: That is why the Pirate Bay case is so important. While the decision does not solve the problem of piracy and unauthorized file sharing, it certainly is a legal victory and one that sends a strong message that such behavior will not be tolerated.

I'm sure the Senator is quite busy, so perhaps he missed the "strong message" that was actually sent: a biased judge sided against a search engine claiming it was responsible for the actions of its users. From that, thousands of people recognized that this was a patently ridiculous scenario, and signed up as members of a political party designed to protect consumer civil rights -- allowing them to win a surprise seat in the European Parliament. Quite a strong message. It seems to be the opposite of the one Senator Hatch thinks was given.

[Sen. Hatch]: I strongly believe that if we're going to be successful in this fast-paced digital age, a solid partnership between the copyright community and the Internet Service Providers is crucial. I am confident that such a partnership can break up the current viral spread of copyrighted works on the Net.

[Sen. Hatch]: Many countries have begun to take action by working closely with ISPs to curb online piracy. For example, France has adopted a three strikes law, which calls for ISPs to suspend a subscriber's service if they are accused three times of pirating copyrighted material. Across the globe, from Japan to the UK, from Australia to Brazil, there have been engaging discussions within the industry on how best to proceed on this front.

[Sen. Hatch]: In the United States, I am encouraged with the developments that have transpired between content owners and some ISPs. Obviously, we still have a ways to go, but we are seeing a promising level of participation within the industry. I believe a flexible and free-market solution is essential if we are to be successful in this endeavor. As more of these discussions turn into actions, it is vital that these principles remain front and center.

To be fair, Hatch's speech was given the day before France tossed out the three strikes law as unconstitutional -- but that should still be instructive. The EU Parliament has made clear that cutting users off from the internet connections, especially based solely on industry accusations of infringement, represents a serious breach of civil rights. That a US Senator would support such a "guilty without proof" setup is quite troubling, and raises serious questions about his understanding of our constitutional rights."

http://techdirt.com/articles/20090612/1235555213.shtml

Rep. Wexler And The Lies Of The Copyright Industry; TechDirt, 6/12/09

Mike Masnick via TechDirt; Rep. Wexler And The Lies Of The Copyright Industry:

"Earlier this week, CISAC, a copyright collection society held its "World Copyright Summit," which was effectively a gathering of groups of collections societies and copyright holders who want to strengthen copyright at every turn, so that they can collect more cash -- without ever needing to actually give people a reason to buy. IP Watch has a good summary of the event, where you see it was basically a bunch of people trying to figure out how to have governments around the world force people to hand money over to them. As per usual, the only voice of reason appears to have been Gary Shapiro, who tried to tell the assembled folks that their strategy to date has been a disaster, and they need to understand the differences between "property" and "copyright." In response -- the audience groaned. It would appear his message did not get across.

That said, I wanted to respond to two of our elected officials who both spoke at the event and who said somethings that are quite questionable. Rep. Robert Wexler gave a troubling speech in which he claimed that those who look to protect consumer rights, and question the value of stronger copyright are "lying" and need to be dealt with. Senator Orrin Hatch -- who once suggested remotely destroying the computers of anyone suspected of copyright infringement -- gave another misguided and misinformed talk. Both deserve a response."

http://techdirt.com/articles/20090612/0850165209.shtml

Copyright Holders Acknowledge Losing Battle For Public Consciousness At World Copyright Summit; IP Watch, 6/11/09

Liza Porteus Viana via IP Watch; Copyright Holders Acknowledge Losing Battle For Public Consciousness At World Copyright Summit:

""The enemies of copyright have really done a good job at creating the false premise that the interest of copyright holders and the interest of society as a whole are antagonistic, and they always talk about the need for balance,” said Fritz Attaway, executive vice president and senior policy adviser for the Motion Picture Association of America. “We have got to do a better job” at attempting approaches at copyright protection “in a way that we get paid but also that consumers can access our works,” he added.

He cited MPAA’s work with the technology industry in the introduction of the DVD. He also noted that via Hulu - a joint venture of NBC Universal and News Corp. that offers television shows for free, for now - almost all TV products can be legitimately available to consumers in the United States.

”We’ve got to do more of that. We live in an age where we cannot block access to our content,” he said. “People are going to get it one way or the other. We would like them to pay for it and we need to seek out ways where they can pay for it. But just saying ‘no’ isn’t the answer.”

Eduardo Bautista, president of the management board of Spanish collective management group, Sociedad General de Autores y Editores, agreed, saying, “We’ve done a lousy job. We should have been fired.”

That’s also the message one of those referenced “enemies” tried to relay. Gary Shapiro, president of the Consumer Electronics Association and president of the Home Recording Rights Coalition, said content creators cannot simply keep saying “no” - particularly with the next generation’s seemingly rebellious nature - because it will create more anti-copyright backlash.

"Recognise that kids today have been so turned off by the RIAA approach to litigation that they’re rejecting everything you say,” Shapiro said to National Association of Music Publishers President David Israelite.

Although Israelite made the comparison that if people were stealing computers from stores en masse, the technology industry would be up in arms, Shapiro argued that it is not the same, and that copyright and intellectual property rights are different than “real” property - a statement that received groans from the rights holder-friendly audience. “That’s hurting your case because you’re being rejected by anyone under 25 who is saying, ‘these guys are full of it,’” Shapiro continued.

One way to strengthen the creators’ case, particularly given the current state of the global economy, is to stress the economic value of their industry, particularly in developing countries, experts said. The World Intellectual Property Organization, for example, pointed out that the copyright industry is responsible for roughly 6 percent of a developing economy.

”When you bring those figures to the attention of the government of developing countries, they begin to see it differently,” said WIPO Deputy Director General Michael Keplinger. “There’s something in it for them … it’s not just something for America and the Europeans and the Japanese.”"

http://www.ip-watch.org/weblog/2009/06/11/copyright-holders-acknowledge-losing-battle-for-public-consciousness-at-world-copyright-summit/