European Commission Sued By European Parliament Member Because Of ACTA Secrecy
from the political-lawsuits dept
It's no secret that the European Parliament and European Commission have been at odds over ACTA, and specifically over the secrecy around ACTA. However, it's now come out that a member of the European Parliament is actually suing the European Commission over the issue, though details are scarce. A lawsuit seems like a pretty extreme response, but it would be nice to see the details.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.
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Filed Under: acta, eu parliament, europe, european commission, politics
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Lawsuit vs ACTA
I think ACTA is the pretty extreme response. The lawsuit compared to ACTA seems pretty level headed to me. There is no reason for the secrecy.
It is sad that those who make laws and agreements do not listen to the public. Copyright is on the decline and the only people who support it whole-heartedly as it is are those who benefit from the government granted monopolies. The public sees it as something left over from a long time ago, and now used by the rich to suppress the natural evolution of technology and the human nature of sharing.
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There is far more wrong with acta than what there is this humans claims!
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Re: Lawsuit vs ACTA
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"Dang kids, get off ma lawn!"
Is it their fault that they've moved on? Or is it your fault that you've fallen behind?
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It isn't about "dang kids get off ma lawn", it's about respect. Our laws work on it. Without respect, everyone will just move into your house, use your car without permission, and eat everything in your fridge. Oh yeah, they will shit on your sofa and kill your dog. If we aren't going to have respect for some rights, why have them for any others?
Sort of like the graffiti "artists", who I suspect would be very upset if people tagged their car, tagged their house, tagged their bed, and so on. But they have no issues scrawling all over everyone else's property. It may or may not be art, but most of it is done without respect for others.
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And, it's the general lack of respect towards the customers over the past few decades, that fires most of these actions. CD prices were promised to go down, instead they went up. Customers were continuously given the shaft, with high prices, DRM, region locking, inferior filler content, unwillingness to evolve with the market and other such things.
Suddenly the legitimate customers were thieves: "You wouldn't steal a car". Insult on insult on insult. And you wonder why people are fighting back?
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Re: Re: Lawsuit vs ACTA
Should have left the jobs in their original country, and passed laws just for their country (complete with debate) rather than this worldwide secret treaty shit.
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Nice way to not address the issue. Would you like people to graffiti your car, your house, your stuff? Do you think because they can do it that they should?
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And that people are willing to pay to the artists themselves rather than allow big media companies to gouge and rob from the creators.
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Customers were continuously given the shaft, with high prices, DRM, region locking, inferior filler content, unwillingness to evolve with the market and other such things.
Yet, this inferior product, this pile of filler, this non-evolved product is exactly what people are pirating. It is the stupidity of the situation. If the product is bad, why are you pirating it? The answer is simple, because you really like and really want the product.
The only thing that has evolved is a culture that thinks it's okay to take anything they want, without charge and without concern. They get uppity and rude when called out on it.
Stop pirating hollywood, otherwise you look like a hypocrite calling out the big companies and then working so hard to steal their product.
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Imagine the possibilities LoL
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I offended Sir. I do not consume those things.
I use Jamendo for my music and since the license there gives me the right to distribute I do so, where did I not respect something?
Also for movies I use Archive.org, Youtube, VODO, Mininova all legal options, for books I go to Librivox, where there are something illegal about it?
The truth Sir is that your kind repulses me, and I couldn't bare to consume that which reminds me of all the evil in the world.
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Re: Re: Re: Re: Lawsuit vs ACTA
I don't think I've ever seen a BitTorrent pirated movie, so I don't know if that's typical or not.
However, I have, and do, use BitTorrent for legitimate, legal purposes: I've downloaded many Linux distros via BT.
Come up with a scheme for limiting piracy without limiting my legal actions, and I just won't care.
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Re: Re: Re: Re: Lawsuit vs ACTA
Respect isn't a given, you need to EARN it.
Your examples are mostly irrelevant to the topic, but that's to be expected.
Now go suck a bag of dicks, as Louis C.K. would say - an artist I respect, btw.
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Do you think because the law says no, they shouldn't?
Tell that to the first criminals in the country that plotted against the rightful government of her majesty.
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That is like getting a contract and not getting a certified copy of it. Later, when the building that the contract is stored in, burns down. you have to go through the costs of making a new contract.
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Artists these days are doing better than before. What most people don't like is giving money to an organization that screws over artists (RIAA for music). There are plenty of artists that if I could directly donate money to, I would because I love their music. However, I refuse to buy their CD (thank you http://www.riaaradar.com/ ) because I know they won't see a penny of it. Their tiny little share will just go to 'recouping' the advance, which is impossible with the RIAA's 1940's method of accounting.
No sir. Plenty of people these days respect the artists, and plenty of artists are doing just fine sans copyright. As another user said, respect is earned, not forced with bullshit laws paid for by mega corps.
Technology advances. Adapt or die.
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A) Because of the filler junk on an album. It is impossible to know which tracks are good ahead of time. I never even decide if I like a track until after I have heard it all the way through a few times.
B) DRM - Don't want that shit so download instead and you get it without computer crippling software.
C) You like it, just not that much. If the price is too high, people won't buy. Pretty simple. However, they still want it. Try dropping the price over time and you will get more people to buy at each price level.
D) They wouldn't have bought it anyways. This alone could have several sub categories. Maybe they are a poor person who doesn't have money. Maybe they like it enough to listen to once in a rare while, but overall they don't like that that darn much. Maybe they really are just somebody who wants stuff for free. However, that last category would be an extremely small percentage of people.
E) Lack of funds. This could be because they are poor. In many cases, even when people aren't, there is only so much they are willing to spend on entertainment. The avenues that use up that entertainment amount are only increasing. As the prices for things go up, the number of items purchased will go down.
As an aside, can you point to me any proof at all that copyright infringement on a personal downloader level does any harm at all? I have yet to see any solid proof. All of the studies done by the industry (or rather paid for by the industry) show harm, but it is very easy to poke holes in their entire study all around. Not to mention that half of their researchers turn around and say that the conclusions they draw from the research isn't supported by the research. All of the non-industry funded research shows that those who pirate are actually the biggest purchasers. Probably because they are better informed and know better what they like.
So please, show actual harm in piracy before I will take your "piracy is harmful" stance as anything more than bullshit meant to restrict the public from what natural progression and natural human nature allows.
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If we aren't going to have respect for some rights, why have them for any others?
Who decides which rights and laws you should respect? The government? The mega-corporations of the entertainment industry? Or you as an individual, and collectively as a society?
The reason why (most) people don't do the things you list above is not because of some vague notion of "respect". It's because they recognise implicitly that a society where people did such things is not a society that they would want to live in.
The same is not true at all when it comes to sharing and copying things. In fact the norm is for the exact opposite to be true. How many times have you borrowed a lawnmower or an electric drill or something from a friend or neighbour? If your neighbour happened to own an Acme Lawnmower Copying Machine - would it be wrong if he said "I can't lend you my lawnmower today, but why don't I run you up a copy?"
Sure, the lawnmower manufacturer might be put out by such a development. However if they're unwilling or unable to respond to the competition represented by Acme's fictional innovation, then that's *their* problem.
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Congratulations on yet another fantastic non-sequitur.
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If the former I can only assume you don't have children because the brute force legislation you advocate to fix the hypothetical problem will have pretty much the same effect as "Don't you dare go anywhere near that pond over there" - i.e. the fastest possible route to a wet child.
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Pirated material doesn't cost more than the bandwidth needed to download it. Pirated material doesn't have DRM. Pirated material isn't region locked. Pirated material doesn't have unskippable nasty warnings and promos. Pirated material is freely editable so you can lose the filler and remix it if you wish.
Got it now?
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On the up-side as technology becomes ever more user-accessible more and more people will run smack into the "hang on a minute, why would it stop me doing that? I bought it didn't I?" phenomenon. We have after all reached the point where a tech illiterate 70-year old can rip a bunch of CDs and create 1 big MP3 CD out of it with nothing more than a 5 minute tutorial and then go have a game of computer golf. It's not long from there until Mr and Mrs J Q Public start saying things like "But that 'free' electronic version of Wolverine on the Blueray disc looks crap on the mediabox on the big telly.. and we can't get it in the car for the kids..and it only goes on 1 iPhone... Hang on a minute! Look at this 'Free 1 click solution for moving your Blueray disc to your mediabox' that's the very fellow for me".
At the other end too as the laws get rolled back ever further into what people have always done anyway, even people who have no interest in the "latest advances" get affected and narked about it. "What's this letter? It says I have to go 'online' and register my vinyl record collection and pay for GPS tags for them all in case I loan them to someone. B*gger that for a game of soldiers" (Disclaimer: Slightly exaggerated example for purposes of illustration.)
So it won't be long because you're statement's pretty much true.
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Re: Re: Re: Re: Lawsuit vs ACTA
The only thing that's coming out of the big labels is the idea that us lowly consumers are just walking wallets that they can pick from.
I tend to remain calm, not get uppity or rude. It's usually the copyright apologists that go ahead and start insulting us. They will call us hypocrite thieves, whereas the hypocrites are usually on the opposite end, where we have seen many examples of people defending copyright on one occasion only to be caught red handed infringing on it on the next occasion.
There is nothing hypocritical about my position,
I have paid for content on many different occasions, usually directly to the artist, and when I really enjoy the content.
For one thing, I'm a paying member to this site, I'm not pirating his content, by reading it for free.
I'm a paying listener of a number of podcasts producers, stuff they put out for free, and yet I pay them.
I've bought movies after I watched it for free first. (Most notably the most recent Terry Pratchett movie Going Postal, after that I bought both Going Postal AND The Colour of Magic, so 2 sales for 1 download)
Am I a hypocrite? I don't think so. I put my money where my mouth is.
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The longer the corps resist, the more people learn about this law thing called copyright that is used to restrict them from what they would naturally want to do.
It is almost like the RIAA and others are trying to rally people to our side of the cause.
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There are ultimately three ways to rule:
1. Make laws that are in tune with cultural morals, and people will obey such laws because they respect them.
2. Deception: misrepresent the laws such that people follow the laws because they think they agree with them even though they don't.
3. Brute force: you make the punishments so brutal that people obey laws they don't respect out of simple fear.
The trend recently has been to attempt to rule by the latter two methods, but such methods work for a limited time at best. People won't remain ignorant forever (and the internet has made information much more available than before), and unless you're willing to give up all pretense of morals on the part of the government you won't be able to demonstrate the brutality necessary to rule by fear.
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Attempts to equate copyright law with morality exactly are, at best, and attempt to rule by deception. At worst, it may backfire and cause people to harmonize their morals with copyright law by rejecting both.
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That's quite obviously false. People are pirating (as in not paying a high price for) a non-DRMed, non-region-locked version of the content. Assuming people are indeed pirating the filler along with the good (looking at buying habits on iTunes, there's no guarantee of that), that's explained in the following.
"If the product is bad, why are you pirating it? The answer is simple, because you really like and really want the product."
True, to an extent. That people pirate something means that there is at least SOME demand for the thing. But one of the basics of the basics of economic theory is that demand and price are tied. As price increases, demand decreases; thus free is the point at which demand is maximum, and somebody wanting something enough to take it for free is very, very different than saying that they want it enough to pay for it. The IFPI supposes that 90% of people who pirate do not want the thing enough to pay for it if they could not pirate it; some studies by commercial publishers even place the number at greater than 99%.
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Ironically one of the reasons for that is the content companies' own arguments - having spent ages convincing the the public that "IP = real property", whether they are convinced of the argument or not it prompts the public to think "Well I bought it, it's mine I can use it how I like"
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If the US was to adopt by constitutional amendment what seems to be happening within the EU, it would be interesting to read a complaint entitled "Congress v. The President".
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That is the biggest lie, almost everything made is available in a saleable form. It might not be today (because the movie isn't released yet on DVD or the album is not yet released), but those problems have more to do with your self-entitlement issues, that think you should be able to have everything right now, no matter what other issues it causes.
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Re: Re: Re: Lawsuit vs ACTA
Come off it. When it stops costing $30 an hour to have someone build irons, you might get them made in the US again. Otherwise, they are going offshore, along with all the other jobs. You know, to the countries with no IP laws and a labor force willing to work for less money than it costs to buy that BMW.
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compleatly defeating the point in using the Internet in the first place, and leaving over half the english speaking world going 'o..k...' and pirating or giving up... either way, not buying, because, you know, it's not actually available. usually for stupid reasons that have nothing to do with anything other than price gouging.
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You want the Beatles on record, sure go ahead, but don't make tapes, that's illegal, you'd better buy the tapes as well for in the car!
Oh you want them on cd now, better buy them again!
Oh you want them in digital form? Better wait a gazillion years while we work out who owns what rights and who wants to share a bit of the pie, and then you can buy them again, because downloading them for free is a crime!
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Or many of the other archived artists, a lot of records are crumbling to dust, while there still is a market for them online. It's not about the latest and greatest stuff, it's more about the back-catalog. The older stuff, that's not available anywhere, anymore.
Want it now, want to pay for it, but can't pay for it because it's not available anywhere anymore. That kind of stuff.
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Recently even on a video in the 'BBC Worldwide' channel. Worldwide! And yet not available in my country (The Netherlands).
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Really? Please point me to a the place where I can legally purchase ebook versions of Harry Potter or Robert Ludlum. Oh, and Dr Who, and the original versions of WKRP (not the shitty edits), or how about Gerhard Husch's fabulous recordings of the Schubert song cycles. Those are just off the top of my head, if I actually spent another 10 minutes thinking I could come up with several hundred examples. The only things made available are those things your corporate overlords deem worthy of consumption by us mere mortals. Until I can actually find legal versions of the things I want, I will find alternative ones if they're available.
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