NPR: Record Label Picks Copyright Fight — With The Wrong Guy »
Archive | Copyright
ECJ and EC on streaming
This week the European Court of Justice heard a crucial case that will give more clarity on the infringing nature of unauthorized streaming. Dutch anti-piracy group BREIN and the Spanish authorities argued that offering or watching pirate streams is a violation of the EU Copyright Directive. However, the European Commission believes that consumers who watch unauthorized streams are not breaking the law. (…)
Based on the hearing the Advocate General will issue a recommendation later this year, which will be followed by a final verdict from the EU Court of Justice somewhere early 2017.
TorrentFreak: Watching Pirate Streams Isn’t Illegal, EU Commission Argues »
Open WiFi hotspots, city-WiFi and anonymity
By HAX on September 19, 2016 in Anonymity, Big Brother, Copyright, ECJ, EU, File Sharing, Intellectual Property, IPRED, Privacy, surveillance
Last week European Commission president Jean-Claude Juncker proposed open city WiFi networks. This left us with some unanswered questions, e.g. about the rules for liability when it comes to copyright infringements. (Link»)
The very next day a ruling in the European Court of Justice (ECJ) brought some clarity. And raised some new questions.
The court finds that a measure consisting in password-protecting an Internet connection may dissuade the users of that connection from infringing copyright or related rights, provided that those users are required to reveal their identity in order to obtain the required password and may not therefore act anonymously, a matter which it is for the referring court to ascertain.
Ars Technica wrote…
Businesses such as coffee shops that offer a wireless network free of charge to their customers aren’t liable for copyright infringements committed by users of that network, the ruling states—which, in part, chimes with an earlier advocate general’s opinion. But hotspot operators may be required, following a court injunction, to password-protect their Wi-Fi networks to stop or prevent such violations. (…)
The implications are obvious: no more free and anonymous Wi-Fi access in bars, cafes, or hotels in countries within the 28-member-state bloc that can now use existing law to demand that users hand over their ID first.
Pirate Party MEP Julia Reda commented…
Juncker’s free Wi-Fi plan is aimed at travellers, refugees, and other groups that could not possibly be expected to identify themselves before using a public Wi-Fi. The commission is even advertising its new initiative as password-free. This ruling means that copyright holders will be able to foil that plan and require free Wi-Fi providers to restrict access to their networks.
Let me add to the confusion.
First, let’s have a look at the situation for traditional hotspot operators such as cafés.
It is not reasonable to expect a café owner to keep a database of all local WiF users. That would require an extensive and very privacy sensitive register that cannot be tampered with and that can stand up to legal procedures. And still, it would do nothing to identify an individual user on the cafés single IP address. At least not with the relatively cheap and simple WiFi equipment normally used in such places.
It all quickly gets complicated and expensive. This would effectively kill free WiFi with your coffee.
The same general questions can be raised when it comes to Juncker’s free city WiFi. But there is a difference. Public sector operated WiFi will have more money and can apply common technical standards. As the number of users in a city-WiFi can be expected to be substantially higher that at a single café – there would not only need to be some sort of password protection but also individual user names, linked to personal identity. At least if you want to meet with the ECJ ambition to be able to identify single users.
In both cases, anonymity will be more or less impossible.
And when it comes to city-WiFi, we can expect various law enforcement and intelligence agencies to show a keen interest.
/ HAX
Ars Technica: Wi-Fi providers not liable for copyright infringements, rules top EU court »
EU: Mixed signals on open Wi-Fi networks
Europe’s top court has ruled that Wi-Fi providers aren’t liable for any copyright infringements that take place on their network—it has also created uncertainty about users’ anonymity.
Businesses such as coffee shops that offer a wireless network free of charge to their customers aren’t liable for copyright infringements committed by users of that network, the ruling states—which, in part, chimes with an earlier advocate general’s opinion. But hotspot operators may be required, following a court injunction, to password-protect their Wi-Fi networks to stop or prevent such violations. (…)
The implications are obvious: no more free and anonymous Wi-Fi access in bars, cafes, or hotels in countries within the 28-member-state bloc that can now use existing law to demand that users hand over their ID first.
Ars Technica: Wi-Fi providers not liable for copyright infringements, rules top EU court »
5 July podcast 17: EU copyright reform, free city WiFi and Mozillas web developer conference
The 5 July podcast – your channel to information about what’s going on when it comes to Internet politics, mass surveillance and civil rights.
On EU copyright “reform”, free city WiFi and Mozilla’s web developer conference in Berlin. Now in English.
More information and episode notes at Soundcloud.
Soundcloud » | Youtube » | Download (MP3) »
Feedback and comments (MP3) to: karl[at]5july.org
EU: All uploads to be filtered?
Torrent Freak: EU Commission Proposes Mandatory Piracy Filters For Online Services »
New copyright directive fails at every level
“We need a copyright reform to make Europe fit for the 21st century. We now have a proposal that is poison for European’s free speech, poison for European business and poison for creativity. It could not conceivably be worse.”
– Joe McNamee, Executive Director of European Digital Rights
EDRi Press Release: New copyright directive fails at every level »
Big Media + EU politicians = True
It’s hard to understand why the European Commission thinks that an EU-wide snippet tax will work when it has failed spectacularly not once, but twice.
Glyn Moody in Ars Technica: EU copyright plans a big win for old media, but public concerns ignored »
EU: Junckers’ mixed signals on mobile networks
Today the president of the European Commission, Jean-Claude Juncker, gave his “State of the Union” speech in the European Parliament.
Every city in the EU will offer free wireless internet access in its centre by 2020, EU commission president Juncker promised in his state of the EU speech on Wednesday. “We need to be connected. Our economy needs it. People need it,” said Juncker. He also said that a faster mobile network, known as 5G, should be “fully deployed” in the EU by 2025.
Two reflections:
First, it is becoming ever harder for cafés, restaurants, and others to provide free internet access for their customers. The reason is that they can become liable for any copyright infringements their customers may commit. (Mainly because of EU regulations.)
Doesn’t this apply for “cities” as well? Will there be separate rules for free WiFi provided by private and public entities?
Second, there is the matter of what you see and what you don’t see. Free WiFi sounds like a good idea for most people. But what will the effects be on commercial networks? As you cannot compete with free (or rather stuff paid for by the taxpayers) – will this hamper the deployment of e.g. “faster mobile networks”? It seems like Juncker is sending mixed and conflicting signals.
Finally, one must put free, public networks into the context of mass surveillance. Exactly who will operate them – and what law enforcement agencies will these operators collaborate with?
/ HAX
#SaveTheLink
By HAX on September 13, 2016 in Big Media, Copyright, EU, Intellectual Property, Internet, Link wars
Members from left to right in the European Parliament fighting the European Commissions proposal to tax and to extend copyright rules on Internet linking.
Youtube » | #SaveTheLink