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	<title>TorrentFreak &#187; copyright</title>
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		<title>Illegal Copying Has Always Created Jobs, Growth, And Prosperity</title>
		<link>https://torrentfreak.com/illegal-copying-has-always-created-jobs-growth-and-prosperity-141019/</link>
		<comments>https://torrentfreak.com/illegal-copying-has-always-created-jobs-growth-and-prosperity-141019/#comments</comments>
		<pubDate>Sun, 19 Oct 2014 20:45:52 +0000</pubDate>
		<dc:creator><![CDATA[Rick Falkvinge]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[opinion]]></category>

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		<description><![CDATA[Throughout history, those who have copied the most have also always been the most prosperous, and for that reason. Bans on copying, like the copyright and patent monopolies, are just plain industrial protectionism.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><a href="/images/copyright-branded.jpg"><img src="http://torrentfreak.com/images/copyright-branded.jpg" alt="copyright-branded" width="250" height="164" class="alignright size-full wp-image-56211"></a>It often helps to understand present time by looking at history, and seeing how history keeps repeating itself over and over.</p>
<p>In the late 1700s, the United Kingdom was the empire that established laws on the globe. The United States was still largely a colony &#8211; even if not formally so, it was referred to as such in the civilized world, meaning France and the United Kingdom.</p>
<p>The UK had a strictly protectionist view of trade: all raw materials must come to England, and all luxury goods must be made from those materials <em>while in the UK</em>, to be exported to the rest of the world. Long story short, the UK was where the value was to be created.</p>
<p>Laws were written to lock in this effect. Bringing the ability to refine materials somewhere else, the mere knowledge, was illegal. &#8220;Illegal copying&#8221;, more precisely.</p>
<p>Let&#8217;s look at a particularly horrible criminal from that time, <a href="http://en.wikipedia.org/wiki/Samuel_Slater">Samuel Slater</a>. In the UK, he was even known as &#8220;Slater the Traitor&#8221;. His crime was to memorize the drawings of a British textile mill, move to New York, and copy the whole of the British textile mill from memory &#8211; something very illegal. For this criminal act, building the so-called Slater Mill, he was hailed as &#8220;the father of the American Industrial Revolution&#8221; by those who would later displace the dominance of the UK &#8211; namely the United States. This copy-criminal also has a <a href="http://en.wikipedia.org/wiki/Slatersville,_Rhode_Island">whole town</a> named after him.</p>
<p><strong>Copying brings jobs and prosperity. Copying has always brought jobs and prosperity. It is those who don&#8217;t want to compete who try to legislate a right to rest on their laurels and outlaw copying. It never works.</strong></p>
<p>We can take a look at the early film industry as well. That industry was bogged down with patent monopolies from one of the worst monopolists through industrial history, Thomas Edison and his Western Electric. He essentially killed off any film company that started in or at New York, where the film industry was based at the time. A few of the nascent film companies &#8211; Warner Brothers, Universal Pictures, MGM &#8211; therefore chose to settle as far from this monopolist as possible, and went across the entire country, to a small unexploited suburb outside of Los Angeles, California, which was known as &#8220;Hollywoodland&#8221; and had a huge sign to that effect. There, they would be safe from Edison&#8217;s patent enforcement, merely through taking out enough distance between themselves and him.</p>
<p>Yes, you read that right &#8211; the entire modern film industry was <a href="http://en.wikipedia.org/wiki/Classical_Hollywood_cinema#The_golden_age">founded on piracy</a>. Which, again, lead to jobs and prosperity.</p>
<p><strong>The heart of the problem is this: those who decide what is &#8220;illegal&#8221; to copy do so from a basis of not wanting to get outcompeted, and never from any kind of moral high ground. It&#8217;s just pure industrial protectionism. Neo-mercantilism, if you prefer. Copying always brings jobs and prosperity. Therefore, voluntarily agreeing to the terms of the incumbent industries, terms which are specifically written to keep everybody else unprosperous, is astoundingly bad business and policy.</strong></p>
<p>I&#8217;d happily go as far as to say there is a <em>moral imperative</em> to disobey any laws against copying. History will always put you in the right, as was the case with Samuel Slater, for example.</p>
<p>For a more modern example, you have Japan. When I grew up in the 1980s, Japanese industry was known for cheap knock-off goods. They copied everything shamelessly, and never got quality right. But they knew something that the West didn&#8217;t: copying brings prosperity. When you copy well enough, you learn at a staggering pace, and you eventually come out as the R&#038;D leader, the innovation leader, building on that incremental innovation you initially copied. Today, Japan builds the best quality stuff available in any category.</p>
<p>The Japanese knew and understand that it takes three generations of copying and an enormous work discipline to become the best in the world in any industry. Recently, to my huge astonishment, they even overtook the Scottish as masters of whisky. (As I am a very avid fan of Scottish whisky, this was a personal source of confusion for me, even though I know things work this way on a rational level.)</p>
<p>At the personal level, pretty much every good software developer I know learned their craft by copying other people&#8217;s code. Copying brings prosperity at the national and the individual levels. Those who would seek to outlaw it, or obey such unjust bans against copying, have no moral high ground whatsoever &#8211; and frankly, I think people who voluntarily choose to obey such unjust laws deserve to stay unprosperous, and fall with their incumbent master when that time comes.</p>
<p>Nobody ever took the lead by voluntarily walking behind somebody else, after all. The rest of us copy, share, and innovate, and we wait for nobody who tries to legislate their way to competitiveness.</p>
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<p><span style="color:#3F3F3F;font-size:125%">About The</span> <span style="color:#FF3C78;font-size:125%">Author</span></p>
</h3>
<p style="font-family:PTSansRegular,Arial,Sans-Serif;font-weight:400;line-height:150%;margin-bottom:14px"><small>Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at <a href="http://falkvinge.net">falkvinge.net</a> focuses on information policy.</small></p>
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<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>UK IP Chief Wants Schools to Teach Copyright Ethics and Morals</title>
		<link>https://torrentfreak.com/uk-ip-chief-wants-schools-to-teach-copyright-ethics-and-morals-141011/</link>
		<comments>https://torrentfreak.com/uk-ip-chief-wants-schools-to-teach-copyright-ethics-and-morals-141011/#comments</comments>
		<pubDate>Sat, 11 Oct 2014 10:46:23 +0000</pubDate>
		<dc:creator><![CDATA[Ernesto]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Breaking News]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[UK]]></category>

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		<description><![CDATA[The UK's top IP advisor has published recommendations on how today's youth should learn to respect copyright. The document envisions a mandatory copyright curriculum for all ages, online awareness campaigns, and a copyright education program run by the BBC.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><a href="/images/uk-flag.jpg"><img src="http://torrentfreak.com/images/uk-flag.jpg" alt="uk-flag" width="200" height="179" class="alignright size-full wp-image-86005"></a>Mike Weatherley, a Conservative MP and Intellectual Property Adviser to UK Prime Minister David Cameron, has pushed various copyright related topics onto the political agenda over the past year.</p>
<p>Previously Weatherley suggested that ISPs should be <a href="http://torrentfreak.com/ip-advisor-hold-isps-responsible-for-facilitating-piracy-131226/">held responsible</a> for pirating users, that search engines should <a href="http://torrentfreak.com/uk-ip-chief-google-blacklist-pirate-sites-140530/">blacklist pirate sites</a> and that persistent file-sharers should be <a href="http://torrentfreak.com/uk-considers-throwing-persistent-internet-pirates-in-jail-140123/">thrown in jail</a>.</p>
<p>Ideally, however, UK citizens shouldn&#8217;t be sharing or downloading content without permission to begin with. This is an issue the IP-advisor hopes to resolve with his latest set of recommendations, which center around copyright education and awareness. </p>
<p>In a 51-page report (<a href="http://www.mikeweatherleymp.com/wp-content/uploads/2014/10/11.pdf">pdf</a>) that was just released Weatherley stresses the importance of copyright awareness and education, especially for the younger generation. This is needed as respect for copyright has declined in recent years and some even believe that sharing copyrighted material without permission is not a big deal.</p>
<p>&#8220;There is &#8230; a certain level of tolerance for the idea that IP infringements could be considered legitimate. Some believe that illegal activity online is a social norm, with no moral implications,&#8221; Weatherley writes.</p>
<p>&#8220;We are at risk of an entire generation growing up with different levels of respect for IP and copyright in particular. Should this social contract disappear, there could be longer-term consequences beyond the immediate, short-term negative impacts experienced by the creative sector,&#8221; he adds.</p>
<p>In his report the IP-advisor makes several recommendations for how this trend can be countered. Through a broad set of education measures he hopes that copyright will regain respect from the public. </p>
<p>&#8220;Education and consumer awareness programmes that seek to change current behaviour or influence future actions are essential for nurturing a greater culture of respect and value for the UK’s creative economy, and to negate the impact of infringement.&#8221; </p>
<p>The report mentions that several of the education efforts have already been set in motion. This includes PIPCU&#8217;s <a href="http://torrentfreak.com/police-begin-placing-warning-adverts-pirate-sites-140729/">warning banners</a> on pirate sites as well as the upcoming scheme to <a href="http://torrentfreak.com/uk-isps-and-copyright-holders-praise-new-piracy-warning-system-140719/">warn alleged copyright infringers</a> through their ISP.</p>
<p>One of the future goals is to bring copyright into the classroom. To achieve this Weatherley recommends to add copyright education to the school curriculum, starting with the youngest kids in primary school.</p>
<p>&#8220;The school curriculum needs to prepare pupils &#8211; from early years through to the end of secondary school and higher education &#8211; for the 21st century knowledge economy. Interaction with IP is a daily occurrence for many young people, and yet it is widely ignored within the education system,&#8221; the report reads. </p>
<p>As a secondary form of public education, the BBC should also start broadcasting programming that stresses the value of copyright through various channels. This to ensure that the message reaches a wide audience.</p>
<p>&#8220;Given its reach and public service broadcasting remit, the BBC should create a copyright education programme using online, on-air and face-to-face channels,&#8221; Weatherley recommends.</p>
<p>With these initiatives and other changes, the IP advisor hopes to change people&#8217;s attitudes towards copyright. This should then lead to less online piracy in the long run which may reflect positively on the economy. </p>
<p>Unfortunately, the report doesn&#8217;t mention who should be involved in creating the educational messages, should they be implemented. The only stakeholders that have been consulted recently are the major copyright holder groups, which may lead to a biased perspective. </p>
<p>To avoid an <a href="http://torrentfreak.com/mpaa-and-riaa-teach-copyright-in-elementary-schools-now-with-fair-use-140906/">unbalanced curriculum</a> as we&#8217;ve seen in the United States, it may be wise to also involve representatives from the consumer side, library organisations, or alternatives to strict copyright licensing such as Creative Commons. </p>
<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>&#8220;The Letter&#8221; Is Still The Best Story To Explain Why Copyright Monopoly Must Be Reduced</title>
		<link>https://torrentfreak.com/letter-copyright-monopoly-140921/</link>
		<comments>https://torrentfreak.com/letter-copyright-monopoly-140921/#comments</comments>
		<pubDate>Sun, 21 Sep 2014 20:30:37 +0000</pubDate>
		<dc:creator><![CDATA[Rick Falkvinge]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[copyright]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=94242</guid>
		<description><![CDATA[People are still getting distracted by the silly question of "how somebody will get paid" if the copyright monopoly is reduced. It's irrelevant, it's a red herring. What this debate is about is bringing vital civil liberties along from the analog environment into the digital - and that requires allowing file-sharing all out.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><a href="/images/copyright-branded.jpg"><img src="http://torrentfreak.com/images/copyright-branded.jpg" alt="copyright-branded" width="250" height="164" class="alignright size-full wp-image-56211"></a>As I travel the world and speak to people from all professions and walks of life about the copyright monopoly, &#8220;the letter&#8221; is still the story that causes the most pennies to drop about why the copyright monopoly must be reduced. It&#8217;s by far the angle that makes the message come across to the most people.</p>
<p>&#8220;How will the artists make money&#8221; is basically just a distraction from the real and important issues at hand, and this story helps bring them there.</p>
<p>The story of &#8220;the letter&#8221; deals with just how big and vital civil liberties have been sacrificed in the transition from analog to digital at the tenacious insistence of the copyright industry for the sake of their bottom line. The analog letter was the message sent the way our parents sent them: written onto a physical piece of paper, put into an envelope, postaged with an old-fashioned stamp and put into a mailbox for physical delivery to the intended recipient.</p>
<p><strong>That letter had four important characteristics that each embodied vital civil liberties.</strong></p>
<p>That letter, first of all, was anonymous. Everybody had the right to send an anonymous message to somebody. You could identify yourself on the inside of the message, for only the recipient to know, on the envelope, for the postal services to know, or not at all. Or you could write a totally bogus name, organization, and address as the sender of your message, and that was okay, too. Not just okay, it was even fairly common.</p>
<p>Second, it was secret in transit. When we talk of letters being opened and inspected routinely, the thoughts go to scenes of the East German <em>Stasi</em> &#8211; the Ministerium für Staatssicherheit, the East German National Security Agency (yes, that&#8217;s how Stasi&#8217;s name translates). Letters being <em>opened and inspected?</em> Seriously? You had to be the <em>primary suspect</em> of an <em>extremely</em> grave crime for that to take place.</p>
<p>Third, the mailman was never ever held responsible for the contents of the letters being carried. The thought was ridiculous. They were not allowed to look at the messages in the first place, so it was unthinkable that they&#8217;d be held accountable for what they dutifully delivered.</p>
<p>Fourth, the letter was untracked. Nobody had the means &#8211; nor indeed the capability &#8211; to map who was communicating with whom.</p>
<p><strong>All of these characteristics, which all embed vital civil liberties, have been lost in the transition to digital at the insistence of the copyright industry &#8211; so that they, as a third-party, can prevent people from sending letters with a content they just don&#8217;t like to see sent, for business reasons of theirs.</strong></p>
<p>The question of &#8220;how will somebody make money&#8221; is entirely irrelevant. The job of any entrepreneur is to make money given the current constraints of society and technology.</p>
<p><strong>No industry gets to dismantle civil liberties with the poor excuse that they can&#8217;t make money otherwise.</strong> They have the simple choice of doing something else or go out of business. And yet, that&#8217;s exactly what we have allowed the copyright industry to do: dismantle vital civil liberties. Dismantle the very concept of the private letter. And they&#8217;re continuing to do so under pretty but deceptive words.</p>
<p>When I explain the situation like this, the penny drops for an astounding amount of people and they stop asking the learned, but silly, question about how somebody is to get paid if we have the rights we&#8217;ve always had &#8211; to send anything to anybody anonymously.</p>
<p>That&#8217;s the Analog Equivalent Right. <em>To be able send anything to anybody anonymously.</em> And that&#8217;s what we need to bring to the digital environment, even if an obsolete industry doesn&#8217;t like it because it may or may not hurt the bottom line. That&#8217;s completely irrelevant.</p>
<p>Try telling this story and watch the penny drop, almost every single time. It&#8217;s remarkable.</p>
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<p><span style="color:#3F3F3F;font-size:125%">About The</span> <span style="color:#FF3C78;font-size:125%">Author</span></p>
</h3>
<p style="font-family:PTSansRegular,Arial,Sans-Serif;font-weight:400;line-height:150%;margin-bottom:14px"><small>Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at <a href="http://falkvinge.net">falkvinge.net</a> focuses on information policy.</small></p>
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<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>Ford and General Motors Sued Over &#8216;CD Ripping Cars&#8217;</title>
		<link>https://torrentfreak.com/music-industry-sues-ford-gm-cd-ripping-cars-140728/</link>
		<comments>https://torrentfreak.com/music-industry-sues-ford-gm-cd-ripping-cars-140728/#comments</comments>
		<pubDate>Mon, 28 Jul 2014 18:16:49 +0000</pubDate>
		<dc:creator><![CDATA[Ernesto]]></dc:creator>
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		<category><![CDATA[copyright]]></category>

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		<description><![CDATA[The Alliance of Artists and Recording Companies has launched a class action lawsuit against Ford and General Motors over the CD-ripping capability of their cars. The music industry group claims that the car companies violate federal law and demand millions of dollars in damages. <p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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				<content:encoded><![CDATA[<p><a href="http://torrentfreak.com/images/ford-juke.jpg"><img src="http://torrentfreak.com/images/ford-juke.jpg" alt="ford-juke" width="300" height="205" class="alignright size-full wp-image-91716"></a>A quarter century ago the music industry was confronted with a new threat &#8211; cassette tape recorders. </p>
<p>These devices were able to make &#8220;near perfect&#8221; copies of any audio recording and the RIAA and others feared this would be the end of the recorded music industry.</p>
<p>The record labels took their fears to Congress, which eventually resulted in the Audio Home Recording Act (<a href="http://en.wikipedia.org/wiki/Audio_Home_Recording_Act">AHRA</a>) of 1992. Under this law importers and manufacturers have to pay royalties on &#8220;digital audio recording devices,&#8221; among other things.</p>
<p>The legislation also applies to some newer recording devices common today, which is now causing trouble for Ford and General Motors. Both companies ship cars with the ability to rip CDs onto internal hard drives and according to a coalition of artists and record companies this violates copyright law.</p>
<p>The Alliance of Artists and Recording Companies (<a href="http://en.wikipedia.org/wiki/Alliance_of_Artists_and_Recording_Companies">AARC</a>), which lists major record labels and 300,000 artists among its members, filed a class action lawsuit on Friday in which they demand millions of dollars in compensation.</p>
<p>TorrentFreak obtained a copy of the complaint (<a href="http://torrentfreak.com/images/ford-gmclass.pdf">pdf</a>) which states that Ford&#8217;s &#8220;Jukebox&#8221; device and General Motor&#8217;s &#8220;Hard Drive Device&#8221; allow consumers to rip CDs onto an internal hard drive. According to the music group these devices fall under the Audio Home Recording Act and the car companies are therefore required to pay royalties. </p>
<p>Thus far, neither Ford nor General Motors has complied with any requirements of the Act. Both companies have sold cars with these devices for several years on a variety of models including the Lincoln MKS, Ford Taurus, Ford Explorer, Buick LaCrosse, Cadillac SRX, Chevrolet Volt, and GMC Terrain.</p>
<p>In addition to the two car companies, the lawsuit also targets their technology partners Denso and Clarion. Commenting on the dispute the AARC notes that a class action lawsuit was unavoidable. </p>
<p>“Twenty-two years ago, cooperation between music creators and device manufacturers resulted in legislation that led to a digital electronics revolution. But having reaped the benefits of this bargain, Ford, GM, Denso, and Clarion have now decided to ignore their obligations to music creators and declare themselves above the law,” AARC Executive Director Linda Bocchi comments</p>
<p>“While no one likes litigation, Ford, GM, Denso, and Clarion have stonewalled long enough, and we are determined to collect the royalties our members – and all artists and music creators with rights under the AHRA – are owed,” Bocchi adds.</p>
<p>The artists and record labels are looking for both actual and statutory damages, which could amount to hundreds of millions of dollars. In addition, they want to prevent the manufacturers from selling these unauthorized devices in their cars.</p>
<p>The case will prove to be an interesting test of the legality of &#8220;recording&#8221; devices in car entertainment systems. As is usually true, the law is not as black and white as AARC&#8217;s complaint states. </p>
<p>For example, the lawsuit doesn&#8217;t mention that the Audio Home Recording Act includes various exemptions for personal use and for recording equipment that&#8217;s part of a larger device, such as CD-burners in computers.  </p>
<p>It&#8217;s now up to the court to decide how cars fit into this picture. </p>
<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></content:encoded>
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		<title>Suing File-Sharers Doesn&#8217;t Work, Lawyers Warn</title>
		<link>https://torrentfreak.com/suing-file-sharers-doesnt-work-lawyers-warn-140713/</link>
		<comments>https://torrentfreak.com/suing-file-sharers-doesnt-work-lawyers-warn-140713/#comments</comments>
		<pubDate>Sun, 13 Jul 2014 19:24:00 +0000</pubDate>
		<dc:creator><![CDATA[Ernesto]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[copyright]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=90816</guid>
		<description><![CDATA[The American Bar Association has released a detailed white paper advising the Government on how to tackle online piracy. The lawyers recommend several SOPA-like anti-piracy measures including injunctions against companies hosting pirate sites. At the same time, however, they advise against suing file-sharers as that would be ineffective or even counterproductive.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><a href="/images/pirate-running.jpg"><img src="http://torrentfreak.com/images/pirate-running.jpg" alt="pirate-running" width="222" height="204" class="alignright size-full wp-image-78717"></a>For more than a decade copyright holders and the U.S. Government have been trying to find the silver bullet to beat piracy. </p>
<p>This week the American Bar Association joined the discussion with a <a href="http://www.americanbar.org/content/dam/aba/administrative/intellectual_property_law/advocacy/ABASectionWhitePaperACallForActionCompositetosize.authcheckdam.pdf">113-page white paper</a>. With their &#8220;call for action&#8221; the lawyers encourage Congress to draft new anti-piracy legislation and promote voluntary agreements between stakeholders. </p>
<p>Among the options on the table is the filing of lawsuits against individual file-sharers, something the RIAA did extensively in the past. Interestingly, the lawyers advise against this option as it&#8217;s unlikely to have an impact on current piracy rates.</p>
<p>According to the lawyers these type of lawsuits are also financially ineffective, oftentimes costing more than they bring in. In addition, they can create bad PR for the copyright holders involved.</p>
<p>&#8220;While it is technically possible for trademark and copyright owners to proceed with civil litigation against the consuming public who [...] engage in illegal file sharing, campaigns like this have been expensive, do not yield significant financial returns, and can cause a public relations problem for the plaintiff in addressing its consuming public,&#8221; the lawyers write.</p>
<p>&#8220;The [American Bar Association] does not believe that legislative action directly targeting consumers would prove effective in reducing piracy or counterfeiting at this time,&#8221; the white paper adds.</p>
<p>While the above may be true for any of the cases that go to trial, various copyright trolls might tend to disagree as they have shown that targeting file-sharers can be quite lucrative. </p>
<p>Pirates shouldn&#8217;t be too quick to cheer on the lawyers though, as the white paper also contains some pretty draconian suggestions.</p>
<p>The American Bar Association says that future legislation should target infringing websites, and it names The Pirate Bay as an example. Since site owners are often unknown and therefore hard to prosecute in America, they advise a series of more indirect tactics. </p>
<p>The lawyers are in favor of a &#8220;follow the money&#8221; principle where anti-piracy measures are targeted at strangling the finances of pirate sites. They call for legislation that makes it easier to cut off advertising, and to seize funds through banks or payment processors.  </p>
<p>In addition, the white paper calls for new legislation that would allow copyright holders to obtain injunctions against the hosting companies of pirate sites. The American Bar Association also considered similar injunctions against domain registrars and search engines, but it couldn&#8217;t reach agreement on these issues. </p>
<p>Overall copyright holders will be pleased to see the recommendations put forward in the white paper, but it&#8217;s doubtful whether lawmakers will be quick pick them up.</p>
<p>Several of the suggestions were previously listed in the SOPA and PIPA bills, so if these are ever drafted into legislation Congress can expect a lot of public backlash. </p>
<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>Tesla Cars, Space Technology, and BitTorrent: Why Monopolies Suck</title>
		<link>https://torrentfreak.com/tesla-cars-space-technology-bittorrent-monopolies-suck-140616/</link>
		<comments>https://torrentfreak.com/tesla-cars-space-technology-bittorrent-monopolies-suck-140616/#comments</comments>
		<pubDate>Mon, 16 Jun 2014 13:58:17 +0000</pubDate>
		<dc:creator><![CDATA[Rick Falkvinge]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[copyright]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=89690</guid>
		<description><![CDATA[This week's most exciting news in technology was undoubtedly that Tesla Cars declares that all their patent monopolies are free for anyone to use. What does it mean? Let's compare to BitTorrent.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><a href="/images/copyright-branded.jpg"><img src="http://torrentfreak.com/images/copyright-branded.jpg" alt="copyright-branded" width="250" height="164" class="alignright size-full wp-image-56211"></a>When Bram Cohen created the BitTorrent protocol, he had the legal option of filing for a patent monopoly on any computer program that used this protocol. (The mere existence of such an option is a very bad thing, but we&#8217;ll be returning to that.) Mr. Cohen chose to not monopolize the BitTorrent protocol in that way. Let&#8217;s examine what implications that would have had for the technology.</p>
<p>If the BitTorrent technology would have been protected by patent monopolies, it would have been effectively limited to Mr. Cohen&#8217;s original BitTorrent client. Have you used that client? Do you know anybody who has used it? Didn&#8217;t think so, and neither do I. Instead, there is an enormous plethora of clients and servers that use the protocol today, and Mr. Cohen&#8217;s BitTorrent Inc. is valued at eight-digit dollars. Not to mention the fact that BitTorrent Inc. was subsequently able to buy one of the most prolific BitTorrent clients out there, µTorrent, which would not have existed had the technology been monopolized in the first place. I think most of us have used µTorrent &#8211; I know I have.</p>
<p>This shows exactly why it makes so much sense for Tesla Cars to release all of their patent monopolies into the wild, and why the patent monopoly system as such is enormously harmful (the only industry to make a net profit from it is the pharma industry, and that&#8217;s because they&#8217;re heavily subsidized with taxpayer money). Tesla Cars relinquishing their monopolies means they see this mechanism, and that they realize they need an ecosystem to flourish around their technology &#8211; the electric car technology &#8211; in order to remain viable themselves. Put another way, it&#8217;s not about the size of the pie slice: monopolies are preventing the pie itself from growing exponentially, as they do with any new technology poised to disrupt the old ways.</p>
<p><strong>Just like BitTorrent.</strong></p>
<p>Patent monopolies are far worse than the copyright monopolies we deal with (and all break) on a daily basis. Imagine for a moment if copyright monopoly vultures didn&#8217;t care if you had made an actual copy, that you would be just as guilty of infringement even if you had never seen or heard of the original? That&#8217;s how patent monopolies work, and that&#8217;s the key difference between patent monopolies and copyright monopolies: the latter protect a specific expression against copying, the former protect an idea or a form from being utilized anywhere, even independently. It&#8217;s also why patent monopolies are much, much more harmful than copyright monopolies (and that&#8217;s saying a lot).</p>
<p><strong>But as the Tesla example shows, patent monopolies don&#8217;t stop at not making sense as a whole. They also don&#8217;t make sense to a single company in isolation, as they prevent an ecosystem taking shape. It&#8217;s one of the worst cancers in the economy, as investors describe them today.</strong></p>
<p>It&#8217;s easy to argue that patent monopolies don&#8217;t hit ordinary families in the same way that copyright monopolies, that patent monopolies have not sued families out of their homes merely for taking part in society&#8217;s culture. But that&#8217;s about to change with 3D printing, where rapid fabrication becomes available to the masses. It is &#8211; unfortunately &#8211; a safe prediction that people will soon be sued out of their homes merely for manufacturing their own pair of slippers, because it violated a design patent monopoly somewhere. Such a notion may seem ridiculous today. Then again, so did everything else we&#8217;ve seen with the copyright monopoly so far, and patent monopolies are guarded far more harshly.</p>
<p>The BitTorrent legacy doesn&#8217;t just show us how to break the copyright monopoly in a specific case. It gives us a blueprint for how to disrupt old ways in general by ditching legal monopolies, a blueprint that Tesla Cars is now choosing to follow.</p>
<p><strong>The patent monopoly wars are coming, right on the heels of the copyright monopoly wars, as were they merely a logical extension. That&#8217;s why it&#8217;s so encouraging to see our tip-of-the-spear entrepreneurs denouncing and releasing their own monopolies right ahead of these battles with corporate lawyers.</strong></p>
<p>As a final note, it&#8217;s noteworthy that Tesla Cars isn&#8217;t the only company that Elon Musk is running. He&#8217;s also at the helm of SpaceX. Space technology has been ridiculously proprietary up until now, nothing cooperating with anything else and everything being custom-built single-use. That&#8217;s why it makes me enormously excited to see an entrepreneur who understands the damages of monopolies at the forefront of space technology today.</p>
<p>It holds a promise of standardized, interoperable space technology. As in, &#8220;for all of us&#8221;. Like BitTorrent.</p>
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<p><span style="color:#3F3F3F;font-size:125%">About The</span> <span style="color:#FF3C78;font-size:125%">Author</span></p>
</h3>
<p style="font-family:PTSansRegular,Arial,Sans-Serif;font-weight:400;line-height:150%;margin-bottom:14px"><small>Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at <a href="http://falkvinge.net">falkvinge.net</a> focuses on information policy.</small></p>
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<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>Why Activism Isn&#8217;t Enough</title>
		<link>https://torrentfreak.com/activism-isnt-enough-140601/</link>
		<comments>https://torrentfreak.com/activism-isnt-enough-140601/#comments</comments>
		<pubDate>Sun, 01 Jun 2014 20:38:20 +0000</pubDate>
		<dc:creator><![CDATA[Rick Falkvinge]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[copyright]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=89015</guid>
		<description><![CDATA[Every now and then it's being questioned why the Pirate Party chose the political route to safeguard privacy and other liberties, as well as reform those monopolies that stand in its way, such as the copyright monopoly. The answer is simple: activism isn't enough.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p>It can be very educational to watch the behavior of career politicians. They frequently have opinions about individual activists and activist movements. You can hear them praising the efforts to change society and participate in the democratic process, in the media, in articles, and in person.</p>
<p>And then they move ahead with a bill that does the exact opposite.</p>
<p>To wit: In Sweden, in the week after the European Elections, a temporary and controversial wiretapping bill was made permanent. It may look like a coincidence. Then again, Peter Sunde, the spokesperson of the Pirate Bay, was arrested in the same week. </p>
<p>That&#8217;s another coincidence, just as when the Appeals Court hearings for The Pirate Bay mock trial which were slated for the week right after an election. And there was another coincidence when the evaluation of the illegal Data Retention Directive was to be presented right after the elections, rather than facing the music and abolishing it once it was declared illegal.</p>
<p>There are many more examples.</p>
<p>And then those career politicians usher more warm words over the activists for liberty &#8211; people who are personally responsible for you and me having some of our liberties we wouldn&#8217;t have otherwise. Let&#8217;s name a few of them.</p>
<p>Assange. Brown. Svartholm-Warg. Hammond. Sunde. Manning.</p>
<p>All of these have provided exemplary transparency and resistance to power grabs by overreaching and shameless governments. Each and every one of us owes a significant amount of liberty to each of these individuals. They also have another thing in common: They are all confined to a small room, their freedom of movement gone, their liberty shackled.</p>
<p>There are many more who find it impossible to return to their home country after such exemplary civic duty. Snowden. Appelbaum. Many anonymous people who have chosen to leave. The list just goes on.</p>
<p>Activism just isn&#8217;t enough. The fate of our best and brightest activists can be seen right here. As an activity, on its own, it&#8217;s not producing the necessary results. Not on its own.</p>
<p>It&#8217;s at this point that we need to look closer at the behavior of career politicians.</p>
<p>It&#8217;s important to realize that the first problem that a career politician tries to solve is how to get elected. The second problem a career politician tries to solve is how to get <em>re-</em>elected. Whatever comes in third place is so far behind the first two that it&#8217;ll never really surface.</p>
<p>In short, unless you threaten politicians&#8217; <em>jobs</em> over their dismantling of liberty, they&#8217;ll not notice in the slightest but just smile at your proposals, praise you for engaging in civic society, kiss some babies, and then introduce more surveillance.</p>
<p>That&#8217;s why activism for liberty remains extremely necessary. That&#8217;s also why activism remains not sufficient. We absolutely, positively need to put politicians&#8217; jobs on the line over Orwelling the world we live in.</p>
<p>That&#8217;s why the Pirate Party chose the political route, putting Orwellian politicians&#8217; jobs on the line. But the party as a movement can&#8217;t function without tens of thousands of activists who also help in the common cause.</p>
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<p><span style="color:#3F3F3F;font-size:125%">About The</span> <span style="color:#FF3C78;font-size:125%">Author</span></p>
</h3>
<p style="font-family:PTSansRegular,Arial,Sans-Serif;font-weight:400;line-height:150%;margin-bottom:14px"><small>Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at <a href="http://falkvinge.net">falkvinge.net</a> focuses on information policy.</small></p>
<div style="float:right;position:relative;top:-12px">
<p><small>Book Falkvinge <a href="http://falkvinge.net/keynotes/">as speaker</a>?</small></p>
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<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>The Connection Between The Copyright Industry And The NSA</title>
		<link>https://torrentfreak.com/connection-copyright-industry-nsa-140517/</link>
		<comments>https://torrentfreak.com/connection-copyright-industry-nsa-140517/#comments</comments>
		<pubDate>Sun, 18 May 2014 20:45:31 +0000</pubDate>
		<dc:creator><![CDATA[Rick Falkvinge]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[copyright]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=88246</guid>
		<description><![CDATA[There is a direct connection between copyright monopoly enforcement and mass surveillance, and between mass surveillance and lack of free speech. If you want to keep free speech, the copyright monopoly must be reduced sharply.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><a href="/images/cameraspy.jpg"><img src="http://torrentfreak.com/images/cameraspy.jpg" alt="cameraspy" width="170" height="164" class="alignright size-full wp-image-49625"></a>As I described in a <a href="https://torrentfreak.com/the-fundamental-problem-with-the-copyright-monopoly-140420/">previous column</a>, the copyright monopoly cannot be enforced without mass surveillance. There is no way to tell a private conversation in a digital environment from a monopolized audio file being transferred, not without actually looking at what&#8217;s being transferred. At that point, the secrecy of correspondence has been broken and mass surveillance introduced.</p>
<p>The copyright industry has been continuously and relentlessly pushing for more mass surveillance, including surveillance of citizens who aren&#8217;t under any suspicion (&#8220;mass surveillance&#8221;) for this reason. They defended the now-illegal Data Retention Directive, which logs everybody&#8217;s communications and location all the time (specifically including yours), as well as similar initiatives.</p>
<p>Most notably, the copyright industry is known for <a href="https://torrentfreak.com/the-copyright-lobby-absolutely-loves-child-pornography-110709/">using child porn</a> as an argument for introducing mass surveillance, so that the mass surveillance can be expanded in the next step to targeting people who share knowledge and culture in violation of that industry&#8217;s distribution monopolies. This is a case study in taking corporate cynicism to the next level.</p>
<p>This mass surveillance is also what feeds the NSA, the GCHQ, and its other European counterparts (like the Swedish <a href="http://en.wikipedia.org/wiki/National_Defence_Radio_Establishment_%28Sweden%29">FRA</a>). It is continuously argued, along the precise same lines, that so-called &#8220;metadata&#8221; &#8211; whom you&#8217;re calling, from where, for how long &#8211; is not sensitive and therefore not protected by privacy safeguards. This was the argument that the European Court of Justice struck down with the force of a sledgehammer, followed by about two metric tons of bricks: it&#8217;s more than a little private if you&#8217;re talking to a sex service for 19 minutes at 2am, or if you&#8217;re making a call to the suicide hotline from the top of a bridge. This is the kind of data that the spy services wanted to have logged, eagerly cheered on by the copyright industry.</p>
<p><strong>This has a direct connection to free speech as such.</strong></p>
<p>In Germany, the effect of this logging and violation of people&#8217;s privacy has been studied extensively. According to a <a href="https://web.archive.org/web/20130424082725/http://www.digitalrights.ie/2010/03/03/press-release-on-german-data-retention-decision/">study</a> conducted by polling institute Forsa before the data retention was in place, over half of German citizens would refrain from placing communications that could be used against them in the future &#8211; drug helplines, psychologists, even marriage counseling. A significant portion of Germans had already refrained from taking such contacts for that reason.</p>
<p><strong>There is a direct and serious connection between a necessary reduction of the copyright monopoly and the safeguarding of free speech as such.</strong></p>
<p>In the next term of the European Parliament, the copyright monopoly is up for revision. Everything about the monopoly &#8211; including things Hollywood and the copyright industry take for granted today &#8211; is up in the air, and the corporate powers and legislators alike are finally feeling the pressure of an informed net generation, with the monumental rejection of ACTA and SOPA in 2012.</p>
<p><strong>Vote in the European Parliament elections in the week to come. Vote for somebody who understands the net properly and thoroughly. Those people are needed in the European Parliament for all the reasons I wrote <a href="https://torrentfreak.com/the-next-five-years-could-determine-our-liberties-140406/">in a recent column</a>.</strong></p>
<p>It&#8217;s about your right to free speech, and to not be considered a criminal worthy of surveillance &#8211; merely for talking to other people, or for that matter, for the good deed of sharing culture and knowledge.</p>
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<p><span style="color:#3F3F3F;font-size:125%">About The</span> <span style="color:#FF3C78;font-size:125%">Author</span></p>
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<p style="font-family:PTSansRegular,Arial,Sans-Serif;font-weight:400;line-height:150%;margin-bottom:14px"><small>Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at <a href="http://falkvinge.net">falkvinge.net</a> focuses on information policy.</small></p>
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<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>Record Labels: Used MP3s Too Good and Convenient to Resell</title>
		<link>https://torrentfreak.com/record-labels-used-mp3s-too-good-and-convenient-to-resell-140422/</link>
		<comments>https://torrentfreak.com/record-labels-used-mp3s-too-good-and-convenient-to-resell-140422/#comments</comments>
		<pubDate>Tue, 22 Apr 2014 10:25:32 +0000</pubDate>
		<dc:creator><![CDATA[Ernesto]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[music]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=87148</guid>
		<description><![CDATA[Responding to a consultation of the EU Commission, various music industry groups are warning against a right for consumers to sell their MP3s. IFPI notes that people should be barred from selling their digital  purchases because it's too convenient, while the quality of digital copies remains top-notch.   Interestingly, the UK Government opposes this stance with a rather progressive view.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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				<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/cassette.jpg" alt="cassette" width="200" height="150" class="alignright size-full wp-image-84245">To gather the opinions of the public and other stakeholders on copyright reform, the EU Commission launched <a href="http://torrentfreak.com/eu-offers-public-a-chance-to-fix-copyright-law-140113/">a consultation</a> a few months ago. </p>
<p>The call resulted in hundreds of submissions, which were <a href="http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm">made public</a> recently. One of the topics being covered is the issue of &#8220;digital resales.&#8221; In other words, whether consumers should be allowed to sell digital music files, videos and software they purchased previously. </p>
<p>In the United States the <a href="http://en.wikipedia.org/wiki/ReDigi">ReDigi case</a> has been the center of this debate, with a federal court ruling in favor of Capitol Records last year. In the EU, however, the Court of Justice <a href="http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf">previously ruled</a> that consumers are free to resell games and software, even when there&#8217;s no physical copy. </p>
<p>In the submissions to the EU Commission consultation numerous parties weigh in on the subject. Interestingly, the UK Government takes a rather progressive stance by stating that people should be allowed to sell &#8220;used&#8221; tracks bought in the iTunes store, or used videos they&#8217;ve downloaded from Amazon.</p>
<p>&#8220;As regards the resale of copies, the UK notes that traditional secondary markets for goods can encourage both initial purchase and adoption of technologies, and the prospect of sale on the secondary market may be factored in to an initial decision to buy and to market prices,&#8221; the UK response reads</p>
<p>&#8220;There seems to be no reason why this should not be the case for digital copies, except for the &#8216;forward and delete&#8217; issue noted by the consultation,&#8221; it adds. </p>
<p>In other words, according to the UK Government people have the right to sell any digital files they have bought, as long as the original copy is deleted. This stands in sharp contrast to the various record label groups who warn that digital resales may crush the industry.</p>
<p>IFPI, for example, notes in its submission that allowing digital resales would hurt the entire music industry, and threaten the livelihoods of many artists.</p>
<p>&#8220;In the recorded music sector, the consequences of enabling the resale of digital content would have very harmful consequences for the entire music market,&#8221; IFPI writes.</p>
<p>&#8220;The notion that the exhaustion principle should apply to copies acquired by means of digital transmissions in the same way that it applies to physical copies ignores the many differences between the two kinds of copies and between the two distribution processes,&#8221; the music group adds. </p>
<p>IFPI signals three main differences between digital and physical distribution that warrant a ban on digital resales. According to them, physical music is different because: </p>
<ul>
<li>the quality of these deteriorates with time, and often due to wear and tear or mishandling </li>
<li>purchasing an item at a used record store requires traveling to the store and searching for a copy of the phonograph record
</li>
<li>the resale only concerns the original recording, not copies of that recording</li>
</ul>
<p>In other words, people shouldn&#8217;t be allowed to resell digital music because it&#8217;s too convenient, and because the copies don&#8217;t lose their quality. </p>
<p>While it&#8217;s no surprise that the labels are against digital resales, these arguments do raise some eyebrows. After all, there are also many physical products that are easy to ship and keep their value over time, which are perfectly fine to resell.</p>
<p>IFPI is not alone in their restrictive view on selling used digital files. The UK-based music group BPI also submitted a response to the consultation, using similar arguments, as did individual labels such as Universal Music and Sony Music.</p>
<p>&#8220;The  consequences  of  allowing  resale  of  previously  purchased  digital  content  would  be devastating to the music industry.  It  would compete directly with  the sale of original digital files as they would be entirely substitutional,&#8221; Universal notes, for example.  </p>
<p>It is now up to the EU Commission to sift through all the submissions to see what the ideas of various stakeholders and the public are on the matter, and how this should impact future legislation.</p>
<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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		<title>The Copyright Monopoly&#8217;s Fundamental Problem Remains The Same&#8230;</title>
		<link>https://torrentfreak.com/the-fundamental-problem-with-the-copyright-monopoly-140420/</link>
		<comments>https://torrentfreak.com/the-fundamental-problem-with-the-copyright-monopoly-140420/#comments</comments>
		<pubDate>Sun, 20 Apr 2014 21:00:10 +0000</pubDate>
		<dc:creator><![CDATA[Rick Falkvinge]]></dc:creator>
				<category><![CDATA[afeat]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[copyright]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=87084</guid>
		<description><![CDATA[The fundamental problem with the copyright monopoly today is that it can't coexist with private communications as a concept. Our sharing of culture and knowledge happens as part of the private correspondence that leaves our computer, and therefore, the monopoly cannot be enforced as long as private correspondence exists.<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
]]></description>
				<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/copyright-branded.jpg" alt="copyright-branded" width="250" height="164" class="alignright size-full wp-image-56211">When we share knowledge and culture in order to manufacture our own copies of it, this happens in private communications &#8211; it happens as part of the ones and zeroes that arrive at and are transmitted from our computers. </p>
<p>However, some part of these transmissions may be in violation of the copyright monopoly. The only way to find if any are is to listen to them and break the postal secret; to open all the digital letters and violate the privacy of correspondence.</p>
<p>There is no way to enforce the copyright monopoly without reading all the private communications in transit &#8211; mass eavesdropping and mass surveillance. There is no magic way to just wiretap the violations and ignore the rest; the act of finding which communications may violate the copyright monopoly requires that you sort all correspondence into legal and illegal. The act of sorting requires observation; you cannot determine if something is legal or illegal without looking at it. At that point, the postal secret and the privacy of correspondence have been broken.</p>
<p>(Some proponents of the copyright monopoly would argue that the act of sharing knowledge and culture wouldn&#8217;t classify as private correspondence. This is irrelevant, as in any case, it is intermixed with private correspondence that must still be unpacked and looked at in the sorting process.)</p>
<p><strong>So we&#8217;re at a crossroads where we as a society must determine which is more important &#8211; the right to communicate in private at all, or the obsolete distribution and manufacturing monopoly of an entertainment industry. These two are completely mutually exclusive and cannot coexist. This is, and has been, the problem since the cassette tape.</strong></p>
<p>The copyright industry understands this perfectly, which is why they have been working hard, long, and tenaciously to eliminate the concept of private correspondence online and introduce ubiquitous mass surveillance. A few examples:</p>
<p>In Ireland, the copyright industry (in the shape of the big four record labels) <a href="http://torrentfreak.com/ifpi-isp-must-end-music-piracy-080310/">sued</a> the country&#8217;s largest ISP, Eircom, for the right to install wiretapping and censorship equipment in the deepest of their core Internet switches: they demanded the ability to detect and prevent communications they didn&#8217;t like. Yes, you read that right: a private industry full-out demanded the right to examine all (and prevent any) private correspondence in the entire country.</p>
<p>In Sweden, the copyright industry did a two-pronged approach to get their own access to ISP access logs through a ridiculous over-implementation of the IPRED directive, along with working feverently to get mandatory ISP logging in the shape of Data Retention passed (the mass surveillance mechanism that was just now declared in violation of basic human rights by the highest EU court). The copyright industry (in the shape of IFPI) even <a href="http://web.archive.org/web/20080501104906/http://www.frendo.se/ifpi080320.html">demanded</a> independent, extrajudicial access to the mass surveillance data from the Data Retention mechanisms. Yes, you read that right: a private industry demanded independent and unfiltered access to surveillance records of practically every footstep and every correspondence you make in your everyday life.</p>
<p>The copyright industry is very much a part of the mass surveillance industry. Mass surveillance is the only way they can maintain their crumbling monopoly on manufacturing copies.</p>
<p><strong>At the end of the day, these two mechanisms must be weighed against one another: do we prefer the ability to communicate in private at all, or do we prefer the distribution and manufacturing monopoly of an entertainment industry? As is today, they can&#8217;t coexist, and this has always been and still remains the key point of contention.</strong></p>
<p>One of the reasons that we&#8217;ve gotten to this point is that these two mechanisms are usually handled by different departments. The copyright monopoly tends to be under the Department of Commerce, whereas the fundamental rights such as freedom of speech and privacy of correspondence falls under the Department of Justice in most countries. This means that there has never been anybody with the responsibility of weighing them against each other, and coming to the obvious conclusion that the right to private correspondence far outweighs the distribution and manufacturing monopoly of an entertainment industry.</p>
<p>We need to keep kicking politicians out of office until they realize this enormous blind spot of theirs.</p>
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<p><span style="color:#3F3F3F;font-size:125%">About The</span> <span style="color:#FF3C78;font-size:125%">Author</span></p>
</h3>
<p style="font-family:PTSansRegular,Arial,Sans-Serif;font-weight:400;line-height:150%;margin-bottom:14px"><small>Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at <a href="http://falkvinge.net">falkvinge.net</a> focuses on information policy.</small></p>
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<p><small>Book Falkvinge <a href="http://falkvinge.net/keynotes/">as speaker</a>?</small></p>
</div>
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<p>Source: <a href="https://torrentfreak.com">TorrentFreak</a>, for the latest info on <a href="http://torrentfreak.com/category/copyright-issues/">copyright</a>, <a href="http://torrentfreak.com/category/pirate-talk/">file-sharing</a> and <a href="http://torrentfreak.com/which-vpn-services-take-your-anonymity-seriously-2014-edition-140315/">anonymous VPN services</a>.</p>
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