Archive | Copyright

Free speech vs. copyright

By HAX on May 19, 2015 in Censorship, Copyright, Freedom of Speech, US

In the Garcia vs. Google case, the US Ninth Circuit Court of Appeals states “The appeal teaches a simple lesson—a weak copyright claim cannot justify censorship in the guise of authorship.”

If it’s on the Internet, it’s free to use?

By HAX on May 5, 2015 in Copyright, EU, Intellectual Property, Internet

Rick Falkvinge makes an interesting point in a recent blog post…

On February 13, 2014, the European Court of Justice – the Supreme Court of the European Union – appears to have ruled that anything published on the web may be re-published freely by anybody else. The case concerned linking, but the court went beyond linking in its ruling. This case has not really been noticed, nor have its effects been absorbed by the community at large.

If Rick is right, this might be a game changer. Reactions? Input?

Link »

PayPal joins the Dark Side?

By HAX on April 25, 2015 in Bitcoin, Copyright, Economics, Intellectual Property, Internet, Rule of law

PayPal just updated their User Agreement – and went barking mad.

The new paragraph at section 1.3 reads as follows:

“When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the PayPal Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the PayPal Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the PayPal Group’s use of such content (including of works derived from it) in connection with the Services.”

Whut!?!

And what is “content” supposed to be? PayPal is a payment service. So the only content there is, is the online stuff people and companies sell using PayPal as payment provider. Did PayPal just claim control over all of that?

/ HAX

Links:
• Bitcoin is the Future: PayPal Changes Terms of Service to Take Your Content
• PayPal

Sony & MPAA to use trade agreements to stop copyright reform

By HAX on April 20, 2015 in Big Business, Big Entertainment, Copyright, EU, Freedom of Speech, Intellectual Property, Internet, TTIP, US

Some days ago Wikileaks released the “dump” from the Sony hack. Among other things, we can find this piece of information…

“Finally, in regard to trade, the MPAA/MPA with the strong support of your studios, continue to advocate to governments around the world about the pressing the need for strong pro-IP trade policies such as TPP and the proposed EU/US trade agreement (TTIP).”

i) This might refer to the ISDS article of TTIP, allowing companies to sue countries who are changing laws in ways that may limit these companies future profits. In this case, suing the EU if it would reform its legal framework on copyright.

ii) It might also be a signal that TTIP will be yet another attempt to limit the freedom of the Internet — and to force Internet Service Providers to police (and be responsible for) everything their customers are up to. (Like in the ACTA treaty, that was voted down by the European Parliament.)

Probably both.

Today, copyright and “intellectual property” are concepts that are used in ways they where never intended to. They have become arguments for limiting free flow of information and free speech. They have become arguments for mass surveillance and control. And they are suffocating the free market.

Copyright must be reformed and adopted to todays markets and todays technology. But apparently Big Entertainment is doing all in its power to stop such a reform.

Finally, I love free trade. But I’m not so sure that is what trade agreements like TTIP is about. It looks more like regulations and restrictions, in many areas. And you don’t need trade agreements to have free trade. All you have to do is to open up your borders.

/ HAX

Big Entertainment and Big Media declaring war on VPN

By HAX on April 18, 2015 in Big Business, Copyright, Democracy, File Sharing, Free Markets, Intellectual Property, Privacy, VPN

TorrentFreak reports from New Zeeland…

“A pair of Internet providers who defied TV company demands to switch off their VPN services will be sued in the coming days. CallPlus and Bypass Network Services face legal action from media giants including Sky and TVNZ for allowing their customers to use a VPN to buy geo-restricted content.”

This was somehow expected. The copyright industry is very annoyed when it comes to VPN services.

There is reason to believe that the New Zeeland cases will be the start of a series of similar court cases around the world. The entertainment and media industries are essentially multinational. Most likely, this is just a pilot case.

Once again Big Business wants to shut down legitimate Internet services, just to protect their outdated business models. But they can never win. Instead, they should accept and embrace the simple fact that the Internet provides one global media market.

It is ridiculous to believe that people all over the world would refrain from watching their favourite TV series and films if VPN services where to be shut down. It would only bring new life to traditional illegal file sharing.

One must remember that people using media services via VPN are not pirating. They are paying customers – only in another country. All Big Entertainment and Big Media might accomplish by going after VPN services is to turn these paying customers into non-paying pirates.

The fact that the copyright industry refuses to adopt to a global, connected market is nothing new. This seems to be a never ending story.

But VPN is not just about light entertainment. VPN is serious stuff. It is used by companies, organisations, governments and private individuals for security and privacy reasons. It is a way to get round censorship. It is a part of the toolbox that dissidents, opposition groups and activists use to communicate securely.

There is no way Big Entertainment and Big Media should be allowed to shut down this important instrument of freedom, security and anonymity. Instead, they must learn to adapt to the real world market.

TorrentFreak: TV Companies Will Sue VPN Providers “In Days” »

/ HAX

Hacking politics

By HAX on January 27, 2015 in Big Government, Copyright, Data Protection, Democracy, EU, Hacktivism, Intellectual Property, Internet, Privacy, surveillance

A free and open internet, copyright reform, mass surveillance, data protection and civil rights are all issues where the rules are decided in politics. But politics is not always a fair and open democratic process. And change do not always has to be initiated from within the traditional political system.

Former Pirate Party member of the European Parliament (MEP) Amelia Andersdotter this weekend delivered a piece over at TorrentFreak: Pirate Party MEP Fails to Deliver True Copyright Reform »

Here she criticises newly elected German Pirate MEP Julia Reda for her report on EU copyright reform. Andersdotter writes “De facto, Julia Reda is more conservative than the European Commission, and this is a massive problem for representative democracy.”

In defence of Reda, one could say that she has written a report (not legislation) that the European Parliament might be able to accept. This report, written by some other MEP, probably would have been right out damaging. Reda has picked the fights she might be able to win.

But that still leave us with the problem that there might be no real copyright reform in the EU, if left to the EU institutions. Which brings me back to my thesis that you need external pressure in combination with inside political initiatives to change things. To get toothpaste out, you have to apply pressure to both sides of the tube.

I have worked with internet related issues inside the European Parliament. Before that I was an activist outside the EU institutions. Frankly I cannot say when I had the best possibility to influence, to change things. Inside you have resources, not available to activists. But outside you are a voice from reality, of the people–that most politicians will have difficulties to ignore. (Especially if you manage to involve the media.)

Inside the political system you have a choice between different strategies.

You can burry yourself in details. That ought to be a reasonable approach. But in reality you will find yourself in a never ending flood of paper. To do this you need vast resources when it comes to time, manpower and expertise.

The other inside strategy is simply being there. To offer others your perspective, to ask the hard questions, to lead media in the right direction, to be a visionary and a crusader with a cause. For small political organisations, with small resources–this might be the easier way to go.

One, two, twenty or no internet friendly MEP:s or MP:s–most of us will still be outside the parliamentary and political system. But we can make a difference. We are the ones who shape public opinion. We are civil society. We can make politicians jump. To do so, we just have to take action.

/ HAX

Links:
Pirate Party MEP Fails to Deliver True Copyright Reform »
Christian Engström: Political Activism (Pirate Visions) »