TorrentFreak

In reactions to my last column on TorrentFreak, concerning how we must go on the offensive for our freedom of speech, I saw many questions and emotions asking what it takes to get Big Monopoly – the copyright industry – to listen to the net and change their ways. A number of suggestions were made, from boycotts to petitions. Alas, this is entirely the wrong way to bring about change.

In the debate about the American “Stop Online Piracy Act”, some have hailed the decade-old American DMCA as a law that was somehow beneficial for the development of new services on the net. This is not only a complete misconception, but a very dangerous one at that. The DMCA was basically a wet dream come true for the copyright industry, and the “safe harbor” provisions have gradually shifted the environment to suppress free speech and expression in favor of the suppressing industries: the copyright industries.

One of my first large keynotes, in 2007, was called Copyright Regime vs. Civil Liberties. In the 15-minute original keynote at OSCON, I outlined all the civil liberties that were at risk because of enforcement of the copyright monopoly, and that the copyright industry brutally understood these liberties needed to be killed to preserve their business. What was fringe paranoia five years ago is now becoming the law of the land.

It is said that those who don’t study history are doomed to repeat it. In the case of the copyright industry, they have learned that they can get new monopoly benefits and rent-seeker’s benefits every time there is a new technology, if they just complain loudly enough to the legislators.

European Commissioner for Digital Agenda Neelie Kroes delivered an inspiring speech at the Forum d’Avignon this weekend. The Commissioner noted that the current path of increased enforcement as put forward by the copyright monopoly is not the right one. Copyright should protect artists instead of corporations, and technology is not something to restrict but to make use of, she argued.

Through new legislation the copyright industry is trying to gain unprecedented control over the Internet. Very worrying plans that need to be stopped, but there is also something to learn from. Perhaps we should be grateful that the copyright industry, in their distorted sense of entitlement to the world, are pointing out crucial weaknesses that need to be fixed.

Copyright law strikes a balance between private rights and public interests. Not everyone likes the balance the law sets. Copyright owners complain that it does not adequately protect them from infringement of their works. Critics contend that copyright law tilts too far in favor of the interests of copyright owners and does not safeguard the rights of consumers.