EU Digital Agenda Commissioner Admits That 'Piracy' Has Created The Market That Legislators Did Not

from the knocking-down-barriers dept

Tue, May 11th 2010 1:36pm — Mike Masnick

I've been reading the excellent book, Property Outlaws, which I'll write more about when I'm done, but it's main thesis is that oftentimes, people violating certain restrictions -- such as on copyright or civil rights -- actually are helping to refine the law in those areas by highlighting problems with the existing laws. Basically, it builds on the idea that people taking a stand are more able to change and to fix highly dynamic areas of law more efficiently than slow moving bureaucrats. Along those lines, it appears that the EU's Digital Agenda Commissioner, Neelie Kroes, is recognizing that unauthorized file sharing actually has been useful in building a single market, where politicians and bureaucrats have been unable to do so:

"We have effectively allowed illegal file-sharing to set up a single market where our usual policy channels have failed.... While the internet is borderless, Europe's online markets are not. It is often easier to buy something from a US website than online from the country next-door in Europe. Often you cannot buy it at all within Europe... Consumers can buy CDs in every shop but are often unable to buy music online across the EU because rights are licensed on a national basis. No wonder the US market for online music is five times bigger than Europe's."

Of course, she's saying this in an effort to pass the EU "digital agenda," which tries to make it easier to do licenses across the EU, rather than having to do individual licenses in each country. And, with that, she does go on to complain about various aspects of unauthorized file sharing, but it's nice to at least see a recognition that such forms of infringement are often useful in breaking down the barriers that bureaucrats are too slow to manage.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: eu, markets, piracy

26 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 11 May 2010 @ 2:01pm

heroin and crack dealers have done the same thing. lets all sing their praises too.
[ link to this | view in thread ]
robin, 11 May 2010 @ 2:11pm

market failures
isn't this point quite similar to matt mason's proposition that historically "pirates" are those who are just quicker to find and exploit failures in an existing marketplace (i.e. web of economic relationships)?

the pirate's dilemma:

http://www.amazon.com/Downloading-Sneakers-Reinvented-Capitalism-Innovation/dp/141653218 8
[ link to this | view in thread ]
Dark Helmet (profile), 11 May 2010 @ 2:12pm

Re:
"heroin and crack dealers have done the same thing. lets all sing their praises too."

Well, not quite. See, the problem with crack dealers is that their product licenses don't last long enough, making cross-border licensing issues rather moot. But I'll tell you what, if I could find a crack dealer selling crack w/a perpetual high license, I'd love to see it force fed to you so you could be reduced to a state of drooling nonsense, incapable of typing....
[ link to this | view in thread ]
jjmsan (profile), 11 May 2010 @ 2:20pm

Re: Re:
He seems to have already managed the first two.
[ link to this | view in thread ]
Christopher Weigel (profile), 11 May 2010 @ 2:37pm

Re: market failures
Which is, uh...

One of the points that this blog exists to make. And has been making since well before that book was published, I believe.
[ link to this | view in thread ]
NAMELESS ONE, 11 May 2010 @ 2:51pm

there was a nice quote and hint form th enew leader
he said its nice that liberal democrats and he will get along basically for the good for the country

translation

liberal democrats just sold out the principals for some power sharing in the cabinet.

YOU wont see proportional representation which gives more power to the people

you wont see the digital economy bill reprieved
you wont see action against blackmailing law firms

ha
we the people should a button that attacks a taser to these fucktards, ZAP majority says BAAAAAD lil MP
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 3:38pm

Re:
Law enforcement and medical care cost money. Legalizing and taxing drugs would drastically change the cost structure and benefit everyone. If crack was legal tomorrow would you smoke it? I did not think so.
[ link to this | view in thread ]
awd, 11 May 2010 @ 4:14pm

Deja vu... I'm sure I've seen this quote before, a *long* time ago.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 4:47pm

Re: You are so sad
It's all black and white for you, isn't it. There is no gray.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 5:47pm

Re: Re: You are so sad
no mike, there is plenty of grey. but breaking the law is breaking the law. an illegal market place of crack or stolen content is the same thing. they may be very slightly different shades of black, but in the end, they are on the same end of the scale.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 7:50pm

blah blah blah infringement isn't stealing, fine, go into a store, open a CD or DVD, put it in your laptop and try to tell them your just copying it, your not stealing it, see how far that goes

you didn't pay for it, but you want the content, theft is theft, no matter how you got it
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 7:57pm

Re: Re: Re: You are so sad
Rosa Parks: LAWBREAKER!
The Underground Railroad: LAWBREAKER!
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 7:58pm

Re:
Your example is worthless.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 8:16pm

Re: Re: Re: You are so sad
So when the Egyptians ordered that all first born males be executed and people broke that law it's the same thing then. Got it.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 8:39pm

Re: Re: Re: You are so sad
"an illegal market place of crack or stolen content is the same thing"

They are obviously not the same thing, otherwise they would be called the same thing - Duh.

I assume your flippant reference to "stolen content" is in reference to copyright infringement, and therefore I add that one is a felony and the other not. You are being ridiculous stating they are the same.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 8:43pm

Re:
You really are pathetic.

It would be refreshing if you could come up with a reasonable argument for the draconian civil restrictions that you most certainly are attempting to defend.

I know ... that is asking too much.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 9:03pm

Re: Re: Re: Re: You are so sad
That's what happens when you stand on a principled bedrock of shiny plastic discs. They shift about as much as your position does.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 9:15pm

Re: Re: Re: Re: You are so sad
Rosa Parks: LAWBREAKER!
The Underground Railroad: LAWBREAKER!

Oh look, another imbecile comparing piracy to the civil rights movement.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 9:26pm

Re: Re: Re: Re: Re: You are so sad
but breaking the law is breaking the law.

The other imbecile started it.
[ link to this | view in thread ]
Anonymous Coward, 11 May 2010 @ 11:21pm

Re:
Blah blah blah irrelevant shill's flawed analogy.

Try again next time (or save yourself the time and don't bother).
[ link to this | view in thread ]
Anonymous Coward, 12 May 2010 @ 1:26am

lol, it isn't flawed, its exactly what your doing, you just don't want to admit it

keep trying to defend theft, or maybe don't bother next time
[ link to this | view in thread ]
Killer_Tofu (profile), 12 May 2010 @ 6:27am

Re: Re: Re: Re: Re: You are so sad
As opposed to you comparing piracy to the drug trade?
Comparing it to Rosa Parks seems more accurate since both that and piracy are taking a stand against whats wrong.
Compared to your drug comparison which only says "its illegal".
[ link to this | view in thread ]
Anonymous Coward, 12 May 2010 @ 7:17am

Re: Re: Re: Re: Re: Re: You are so sad
Drugs are bad because they are illegal and drugs are illegal because they are bad.
[ link to this | view in thread ]
Anonymous Coward, 12 May 2010 @ 7:20am

Re:
Theft is a criminal matter, while copyright infringement is a civil matter. And copyright infringement is not counterfeiting.

Keep trying to defend stupidity, or maybe don't bother next time.
[ link to this | view in thread ]
Anonymous Yellow Belly, 12 May 2010 @ 11:51am

Resistance is NOT futile!
Civil disobedience has always marked the very beginning of great change to come. It starts off as a small, but very intense fire that slowly grows and cannot easily be put out. The copyright industry, in their greed and infinite wisdom, chose to cross a line they really shouldn't have. As a result, civilians chose to cross a line of their own in response, their numbers continuing to build despite the ever growing threat of dire consequences (bankruptcy, jail time, etc). Sometimes civil disobedience is the only recourse the public has when their government fails to listen. Any government that disregards the very people whom allow it to exist should pay greater heed to history. Rosa Parks, while 100% valid as an example, is but only one lesson of many history has to teach. Like Michael Moore stated in his recent documentary "Capitalism: A Love Story", it always boils down to the wealthy 1% versus the 99% of whom the rest of us comprise. I think it isn't too much of a stretch to predict that over the next decade or so, governments will find themselves reminded more and more often which end of the leash it is they are on, and whom is truly holding the other end. Deep pockets and a silver tongue can only get you so far. Once the villagers are on to you, it's all torches and pitchforks from thereon out.
[ link to this | view in thread ]
Anonymous Coward, 12 May 2010 @ 8:07pm

its only copyright infringement to you, because you don't want to admit your taking content without paying for it, if it isn't worth paying for, why do you want it?? oh yeah that's right you get it for free, bottom line

you feel entitled to things for free because your worthless
[ link to this | view in thread ]