After the German Pirate Party's String Of Successes, Here Comes The Backlash
from the it-was-bound-to-happen dept
Over the last few months, Techdirt has been reporting on the amazing rise of the German Pirate Party, with win after win after win. Politicians in the other parties have looked on aghast, powerless to halt the rise of something they clearly can't fathom. Inevitably, the fightback has finally begun, but packaged as an artists' revolt, not simply that of the copyright industries worried about their profit margins.
Perhaps the most dramatic manifestation of that was a major section in the Handlesblatt newspaper (German original) a few weeks ago. It was entitled "A hundred creatives provoke the Pirates", and included 160 statements on the subject of "My head belongs to me." That paints this as huge numbers of artists having their ideas taken away by the Pirates, but the reality was a little different.
Of those 160 statements, only 30 came from artists; the rest were from politicians, media companies, lawyers, academics and business groups (German original.) Unsurprisingly, most of those 130 statements were attempts to defend their own positions as gatekeepers of culture – often well-paid ones.
The artists' comments were little better. Here's a small selection:
The Pirate Party would never think to demand in the name of freedom that German bakers should in the future give away their bread, and have their baking sponsored by the state. (Gisa Klönne.)
The comments mainly consist of willful, or perhaps real, incomprehension of the digital world, combined with a sense of entitlement demonstrated by many artists. But there's also something new here, which the German magazine Der Spiegel analyzed as follows:
Free content is intellectual theft. (Thomas Weymar)
The Pirate Credo, that ideas can't belong to only one person, is good news for people who don't have any ideas of their own. (Frauke Scheunemann.)
Without protection for intellectual property there would be intellectual chaos. (Pater Anselm Grün.)
It's also true in the age of YouTube: without copyright, there can be no quality films or TV. (Franka Potente.)
Germany can't afford to turn the majority of its creators into hobbyists. (Carolin Otto.)Artists can always be counted on when it comes to standing up for democracy and justice. Ever since [the Nobel Prize-winning writer] Günter Grass drummed up support for [former German Chancellor] Willy Brandt and the [left-wing party] SPD 40 years ago, Germany's intellectuals have congregated on the progressive side. When in doubt, they lean to the left, and participating in the cutting edge is considered a central duty.
The rise of the Pirate Party has suddenly revealed many of these "progressive", "cutting-edge" intellectuals to be just as keen on preserving their privileged position, and just as frightened of change, as they've mockingly accused the bourgeoisie and the conservatives of being in the past. Indeed, many of the artists' comments in the Handelsblatt section are little more than unoriginal variations on the old "get off my lawn" theme.
But their love affair with the Pirate Party is cooling off before it even had much of a chance to begin. In recent days, artists have spoken up one after another, expressing their unease at the movement's calls to deregulate all digital content.
That will come as a shocking realization for many artists who until now have believed themselves to be in the vanguard of society, and the champions of every kind of progress. The rise of the Pirate Party has called that into question -- hence the vitriol that it has encountered recently.
And it's not over yet. The Netzpolitik blog notes that another 100 artists have just signed a declaration in the leading newspaper Die Zeit, under the rubric, "A call against the theft of intellectual property". Just to hammer home the point, the term "theft" is used twice more in the text (German original), which points the finger at "global Internet companies" whose business models are based on the "appropriation" of artists' work, and demands that copyright protection be strengthened, rather than moderated.
Although it's disturbing to see this kind of poorly-informed mud-slinging, it does demonstrate one thing: that the Pirate Party is not just shaking the German political system to its foundations, but also challenging a whole range of cozy assumptions about copyright and creativity, and their role in modern society. Expect even more -- and dirtier -- attacks in the future.
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Filed Under: germany, pirate party
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Free content is intellectual theft. (Thomas Weymar)
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Re: Free content is intellectual theft. (Thomas Weymar)
Alas my day started so good too
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Bread....
I may be a bit confused here, but when a baker sells his bread to a store, does he expect to get a cut when the store "re-sells" his bread? Or when the person who eats it passes it on as fertilizer for new wheat? :)
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The theft analogy is getting old and overused. Their time is running out. The fact it is backlashing shows the Pirate ideals already won. It is a matter of time now. But the legacy players will still cause a lot of damage before they go down.
Free content is intellectual theft. I've been stealing from the public domain since I was a kid. Shame on my mother for telling me free stories that never had any copyright.
What's unfortunate is that the cycle is bound to repeat once the Pirates are the legacy players. I do hope I'm wrong.
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Re: Bread....
Oh and the baker is still in debt to the truck driver and to the inventory holder for the privilege of selling the baker's bread.
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Re: Bread....
TECHNICALLY, the baker *DOES* get a cut when he sells to the store.
The cut is how much the store pays him for the bread.
The store then increases the prices so they can make a profit.
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Re: Re: Bread....
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"Intellectual Chaos"?
Like, anyone could think whatever they want? Sounds good to me.
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Re:
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It works far too often in politics.
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In reality clothing design is one of the most dynamic of the creative industries. Clothes designers must constantly create new lines because they can't rest on their laurels and life off of one successful clothing line. Lack of copyrights have not hurt the clothing industry and in fact enhance it since each designer is free to build on past successes.
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Re:
Reminds me of the truism about the young tending to be socialist. They're not the ones paying for it... yet.
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Re:
Odd. I remember how in the early days of this debate it was all of the pirates and people who "shared" content who felt they were "entitled" to everyone else's work for free.
Now it appears that the "entitlement" argument has been co-opted by the other side. "Can you imagine? Wanting to get paid for creating something that everyone else wants?"
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I'm sure that if we reach the point where bread is not scarce, bakers will have difficulty selling loaves. But until then, we're stuck listening to idiots like this one trying to equate scarce and non-scarce goods.
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Re: Re:
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Re: Re:
I'm sorry that you feel it has been co-opted, but the truth is that it has always been there. Just as I am not entitled to use someone else's work without their permission, an artist is not entitled to a paycheck, nor are they entitled to control what I do with their work after I purchased it from them (except that copyright law prevents me from taking their work and distributing it.) Yet we too often hear from gatekeepers that the artists aren't getting paid enough and that things like DRM are necessary to prevent us from using their work in ways they do not approve of.
If everyone else wants something, the artist should get paid, but all too often we here the statement that "everyone but us" commits piracy, when if that were true, there would be no money to be made, which is obviously not the case with RIAA/MPAA labels making record profits.
What other industry is there where when you buy something, you get to control what that something is used for?
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Re: Re:
Fixed that question for you.
Where at the point where the solution is loosening IP laws, not tightening it even more as has been done for the last 50 years.
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The elections? Unless they get to a reasonable number, and break out of their target 18-35 demographic, they are doomed to be a bit player, supported only by proportional representation laws (more election socialism at work). They are otherwise a pony that didn't even full learn the first trick.
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No enforcement without taxation
else's work for free.
Now it appears that the "entitlement" argument has been co-opted by the other side. "Can you imagine? Wanting to get paid for creating something that everyone
else wants?""
You have no right to impose the enforcement costs on the taxpayer. I am a taxpayer, and copyright enforcement letting the taxpayer foot the bill for enforcing copyright sound much like welfare.
Copyright holders can keep their IP, on the condition that they pay all enforcement costs themselves. After all, why should I an unconcerned party pay for enforcing a "right" from which I don't benefit in the slightest?
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Re:
The artists are exposing nothing other than their own confusion or ignorance, as near as I can see. They certainly make general accusations, but "exposing" implies some kind of specific evidence.
As your understanding of them seems to differ from a lot of other people's, will you please explain the Pirate Party's platform?
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Copyright and human rights
I may well have no right to copy something created by another, but neither does the copyright holder have an inherent right to demand or expect that taxpayers pay for enforcing copyright.
Any right depending on coersing taxpayers into enforcing it smacks of socialism.
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ARRRGGHHHH!!!!!
"Look, the artists are exposing the pirate party" LOL almost fell outta my chair on that one. Ohhhh 30 out of thousands. Yeah ok AC.
"Anyone who supports the Pirates will obviously see the tall tale signs of bullshit from the media." - No who in Amerika gets that kind of treatment. Hmmmm. R.P.
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Re: Re: Bread....
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Re: ARRRGGHHHH!!!!!
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I made a loaf of bread once... why don't you keep paying me?
I wrote a program once, but my employer keeps making me go to work everyday, even though the program gets used constantly.
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Hmmm. I think I'll only buy things from the baker that I know I like instead of buying from the baker who won't part with a single slice of bread even if it means that he gains a new lifelong customer.
Or quite possibly, and I can only assume that this is the more common scenario. As I sample that bakers goods, I now realize that this bread (Intellectual Property) is meaningless, tasteless, and a waste of time. I'm going to find something better.
Don't blame piracy because you aren't a billionare. Your bread (I.P.) might just be crap.
When people stop criminalizing piracy and start exposing it's massive profit margins as a business practice, they will be far better off.
Footnote: The content of this post is intellectual property to be shared by all and is not subjected to any licensing, contracts, or binding agreement of any kind.
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Re: Re: Free content is intellectual theft. (Thomas Weymar)
Good ol' business method patents.
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Re: Re: Re: Bread....
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Entitlement Mentality
You are not entitled to trample my rights.
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Re: "Intellectual Chaos"?
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Specious Cluelessness
This is the "Harlan Ellison" problem. Someone reuses an idea and suddenly think that they own it can can shake down the next guy that reuses that idea.
Copyright isn't supposed to work that way. Patents aren't either.
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One could argue about what one considers "quality". I've seen good shows on television AND Youtube.
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Cluephone for Frauke Scheunemann
I'm sure with your busy schedule it's probably just escaped your notice, but over the last 40 years or so, a lot of pretty smart people have been busily engaged in building a system for creating, publishing, sharing, modifying, debating, testing, using, remixing, and refining ideas. It works quite well -- so amazingly well, in fact, that even the people who've built it sometimes have to tilt their chairs back, stare at the ceiling, and contemplate the breadth and depth of the impact that it's had on human civilization -- oh, and on ideas.
We call it "the Internet". You should check it out sometime.
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Ideas and expression
The better argument against ownership over expression of ideas is that you can't both wall of something and sell it to the public and demand that
the taxpayers enforces your wishes down the distribution chain.
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History of mankind according to some copyright troll:
First, a bunch of shit happened ...
And on the fifth day, God created Copyright. Oh, and then as a result, people and culture happened.
... and then a bunch more shit happened .
Do you actually believe the lies that you spout? I seriously doubt it.
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A call against the use of "intellectual property"
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Re: Re: Re:
Well said. When I read that one line near the end of the article about artists wanting to strengthen their protection, the first thing that popped into my mind was to wonder how the hell you tighten something you already have a stranglehold on. It can't get any tighter! I supposed you could add more chains though (ACTA/SOPA/PIPA/etc).
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Re: Re: Re: Bread....
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Re: Re:
We're just as entitled to that argument as you are.
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Reform of CopyRight that is what we stand for NOT eradicate it
The Artists are often misguided by the Vampires, as we call them here, those are the intemediaries that are the ones that really see their business sliding down to Bankrupcy while they try at all cost to mantain their "bloodsucking" business. We PIRATES want the Artist to be the one to take benefit of his work by reversing the percentages that are taken from them. That is REALLY for what we stand for and no for free culture(as in free beers)...We want a Culture FREE of parasites in benefits of Creators and Citizenship.
We don't want to eradicate Copyright we want to transform it and the proof is the (free) release of a book jointly written by Cristian Engström, one of the European MP of Pirate Sweden and by Rick Falkvinge, Founder of the Swedish Pirate Party. You can freely download it here or order a ondemand printed book here http://www.copyrightreform.eu/
I have lots of proof that that is what we really want but I'm not a Good Writer, but maybe Mike Masnick and the guys at TechDirt should invite one day Rick Falkvinge to explain what are really the goals of PIRATE Parties. Meanwhile you can take a hint by having a look at a TEDx conference given by Rick http://youtu.be/zsI3-IEWgFg
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Re: Entitlement Mentality
Both success and rights are defined differently by everybody involved. For one artist success is having a million people experience their work, while for another it may be to earn a million dollars from their work. Either way it is my right not to abide by how you define success and live by my own variant. Likewise you don't have to concede to this right of mine if it doesn't meet your vision. This gap between our ideals we must negotiate, advocate, and compromise around. Nothing is owed to any of us whether it's success or our rights. We must work, or at times fight, for the world we want to inhabit.
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Re:
Yes, history will probably repeat itself but hopefully not for a couple of hundred years. If my memory serves correctly the same thing happened in the 1700s and 1400s :)
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Re: Reform of CopyRight that is what we stand for NOT eradicate it
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Re: Reform of CopyRight that is what we stand for NOT eradicate it
"but I'm not a Good Writer"
You made your point loud and clear, and it is exactly how I feel.
(Although free beers is never a bad thing :)
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Re:
Indeed, and I've seen mind-bogglingly horrible shows on each as well. The "Youtube sucks" argument not only fails because it's irrelevant, it fails because TV sucks too.
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Re: Copyright and human rights
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Re:
Please, just stop and think, then go and read, then eat, then sleep, then get back to reading and thinking until you learn something, anything.
You clearly do not understand any of the following
Democracy
Elections
Proportional Representation
Representative Democracies
or Socialism
Please do not use words that you do not understand, it makes you look foolish and wastes the time of everybody else.
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Re: Re: Re: Re: Bread....
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Re: Re:
I think it's more that we're tired of paying the welfare checks of the content monopolists. Let them 'get a job' and compete out in the free market with everyone else.
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Re:
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Re:
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I haven't seen a good explanation of why it is theft either since nothing is taken and the monopolists still get a lot out of the market with multiple streams of revenue available to them.
Now when someone says that those rights are starting to encroach on civil liberties and consumer rights the attitude seems to be "fuck you", well, screw them(monopolists), if they believe they will be in the poor house now it is the time to see what will happen for better or for worse it is time to experiment and they will pay it all, because I am not paying it anymore.
Those intellectuals have become the antithesis of forward progressive thinking, and will be maligned I am sure.
Still I do understand the necessity to have those people around, they just need to get smacked around a bit just like they are doing to the public, which gave them everything and apparently it was not enough.
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Now how is that forcing anybody to give it away anything for free?
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Re: Re:
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The real problem;
The answer? Make an amendable, public, government enforced(not controlled) list of reasonable prices for types of Copyright stuffs. After time passes, the prices can be challenged easily. With enough proof of how the copyright stuffs are being used, the prices could change in one week. The "bakers" would have to accept the "List" copyright price if they have the "bread" in a vault, won't negotiate, or are impossible to reach. And; all those "bakers" put together would not be able to claim more than 50% of the sales. (they would share the 50% equally)
Meh, this idea is sounding worse by the second.
I would like to see something like M.U.G.E.N being legally sold, but the "bakers" would make to much too expensive to sell. Not to mention the time to agree with all the "bakers" separately. (most of them would say no or be impossible to reach)
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I only bought your films & music because someone gave me a burned copy of Lola Rennt ages ago. I guess you'd call that pirating. But seriously, how else was I supposed to get interested in an actress originally known for her work in German movies?
Luckily, my DVD player is region-free.
Love,
A fan dedicated enough to deal with region crap and trying to order stuff from overseas, and then to even sit through Bourne Identity despite not enjoying the book
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Looking Out For Their Own Interests
One thing you won’t find, of course, is any new up-and-comers supporting copyright maximalism. All the supporters would be established artists—the lucky few.
Here in New Zealand, some of us were saddened to see well-known Ray Columbus trumpeting how useful it was that he could keep getting paid without actually doing any new work.
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Re:
Bullshit. The Pirate Party does not want to do away with copyright and the fact the you must LIE to support you position is quite telling and too obvious. Bummer.
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Coordinated campain
- an open letter by 51 "Tatort" writers, March 29th
- "My head belongs to me" in Handelsblatt, April 5th
- Miguel E. Riveros Silva in Zeit Online May, 9th
- "We are the creators" in DIE ZEIT, May 10th
- VG Wort (writer's collection agency) claiming extended copyrights would not harm the public. May, 11th
Most crazy of all seems to be Riveros who actually
- demands to put copyright warning stickers on PCs
- demands to make browsers pop up warnings when downloading stuff
- insists that ISPs would employ Youtube's content ID to any files transferred by users, see if they don't!
But what do you expect from a country ruled by clueless politicians like 3-strikes-fan Siegfried Kauder (yes, the one who got caught using photos on his webpage without compensating the originator) who in a hearing on ACTA said: "Can we agree that intellectual property is just the same as a bike?”
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Re: Re: Copyright and human rights
it would seem that any two of :
American
Idiot
Right of Center politically (economically or otherwise)
produces a misuse of the word.
sadly, there are far too many people who fall into one pair or another of those categories.
(especially when you realise that the entire US political spectrum is noticeably right-shifted compared to the rest of the world.)
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Re: I made a loaf of bread once... why don't you keep paying me?
there's a lot of things that would lead to significantly more respect for the concept.
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In US the war for CopyRight will start next year
A law promulgated in '78 said that 35 years later(2013) the artists are legitimated to reclaim total control of their rights. For some the fight is already started and the industry is fighting back not to comply with the law.
http://www.billboard.biz/bbbiz/industry/legal-and-management/village-people-s-victor-willis- speaks-out-1007038752.story
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Gandhicon 3?
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Re: Re: ARRRGGHHHH!!!!!
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Re: In US the war for CopyRight will start next year
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Re:
The Pirate Parties are not stupid, fortunately. Rick Falkvinge has noted explicitly that this is likely to happen, because everyone gets old and cranky, it's human nature:
“Forty years from now, those of us who are still around, I’d like to ask you for a favor“, I said. “Odds are that when our parties are flooded with career politicians forty years from now, and we are living comfortably in our retirements, a bunch of spoiled young brats will organize out of nowhere and appear to demand everything for free in ways that are both reprehensible and incomprehensible. Help them.”
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