Green Party on ‘copyright problems’
p2pnet news view | P2P | Politics:- In an email, Andrej Chudy says he’s been, “looking around” to decide who to vote for in the EU parliamentary elections.
When he asked the Slovak Green Party for its views on copyright problems, “they send me their statement, based on European Greens’ statement, which I think could be of your interest,” he says.
It is, Andrej. Very much. Thanks.
The Greens want, “an open Intellectual Property (IP) policy,” says the party in the intro. And that would include, “Access to internet content and knowledge”.
Here’s the complete paper »»»
Free knowledge flows in a sustainable global information society
Introduction
The global information society has an enormous potential to help decouple the economic growth model from its destructive material base and, instead, base development on innovation, creativity and communication. Greens embrace this potential. Greens stand for a low-carbon and high-knowledge economy, aimed at a low ecological footprint and high culture and technology content.
Global information society is by its nature without borders. It has an enormous potential to bridge north and south, narrow the gaps between poor and rich, and provide local problems with global solutions. It imposes limits to repression and gives voice and protection to political dissidents. Greens therefore support widespread cooperation in the field of knowledge and innovation. Both the struggle for global social justice and the fight to defend the planet need universal access to and massive transfer of knowledge and clean technologies.
However, vested economic and political interests stand in the way of a free flow of information and knowledge, which is a core principle of a sustainable and equitable global information society. Big economic corporations that once fuelled the digital revolution now oppose innovations which could effectively bridge the digital gap for poor and rural areas, weaken the power of monopolies, and protect the privacy and fundamental rights of users and consumers. Large patent holders try to evade the original idea of patents by which an inventor establishes a social contract with society to ensure the dissemination of knowledge and innovation, and instead press for a policy to exclusively secure their profits and to limit further innovation.
Greens want an open Intellectual Property (IP) policy. Access to internet content and knowledge should not be subject to unreasonable restrictions or irrational privatisation. We defend the crucial principles of freedom in the digital world, and we defend interoperability, technical neutrality, net neutrality and open standards. These are the building blocks for universal internet access at fair prices. Any legal measure that restricts access to data and sharing of knowledge and information via the Internet can chill innovation. Knowledge created with public funding should be publically available for the benefit of all through wide dissemination and should be free of patents and copyright – particularly regarding clean technologies.
Key facts and figures
The EU supports the development of the information society through a variety of funding lines. The most important is the EU Framework Programme for Research and Technological Development (FP). Within the current 7th FP, which runs from 2007-2013, research and development of information and communication technology (ICT) receives the most funds with ⬠9050 million, amounting to approx. 18% of the total budget. Of this, a total of ⬠1336 million is earmarked for funding SME research support for ICT – this was originally a Green proposal.
Important funding is also provided through the Competitiveness and Innovation Framework Program (CIP). With a budget of ⬠4212 million, the CIP funds actions in the SME focused Entrepreneurship and Innovation Programme, the ICT Policy Support Programme supporting the use of ICT in businesses, and the Intelligent Energy Europe Programme.
Consequences of non-action
Presently, the principles of freedom in the digital world, that is, interoperability, technical neutrality, net neutrality and open standards, are seriously threatened. Some EU Member States push for internet traffic control and the excessive application of copyright and Intellectual Property law, under the pretext of addressing serious but well recognised problems in the internet with paedophilic content or with counterfeited drugs,. Though none of these measures would resolve such problems, Spain has already announced strict IP enforcement as a priority for its EU presidency in 2010. This would accelerate the transformation of the internet from its role as open platform for the free exchange of ideas into a supermarket based on private profit interest and strict controls.
Controlling data access and traffic would transform the internet into a highly dangerous instrument of social and political repression. Therefore it is paramount to put the development of digital human and fundamental rights in the centre of the debate.
Strict enforcement of copyright and other intellectual property rights chills innovation on a large scale and hampers the massive knowledge transfer needed to combat climate change and other environmental crises. In the particular field of digital copyright and related IP rights, strict enforcement would stop the development of free models and open source software, since contributors would fear legal retaliation on their mostly unintended violation of existing IP rights.
Feasibility in the EU framework
Research and Technological Development (RTD) based on multi-annual Framework Programmes (FP) has an explicit basis in the EU Treaty since 1987. The adoption of FPs is based on the co-decision procedure, with qualified majority voting in the Council. Specific programmes within the FP are adopted by qualified majority in Council, following simple consultation of the EP. General rules are instead established under the co-decision procedure.
Measures relating to intellectual property policy, such as IPRED (Intellectual Property Rights Enforcement Directive), fall in the ambit of the EU’s Internal Market policy. The EP has co-decision powers. The Council decides with qualified majority voting.
Green achievements 2004-2009
No software patents
Greens won a four year battle against the Directive on Software Patents. It would have violated the European Patent Convention principle that computer programmes are not patentable, and would have crippled innovative SMEs in the information technology sector by exposing them to patent litigations of the large software corporations. The overwhelming majority of the EP followed the Greens in rejecting the proposal.
Research dissemination and generation
Greens convinced the Commission to establish a European Knowledge Bank, which operates as an open access library of research results. Greens also obtained funding in the Community budget, so that civil society organisations for the first time can commission research themselves.
Use of Open Source Software
Greens insisted at every opportunity that public administrations should use FLOSS information systems (Free/Libre/Open Source Software) or systems that are compatible with FLOSS. Greens secured funds for FLOSS research in EU programs (7th Framework programme for Research; Community and Innovation Programme, Interoperability SA programme). Together with NGOs, the Greens have steered the “Open Parliament” idea which aims at liberating the EP from the Microsoft monopoly and having it switch to FLOSS software.
Intellectual Property Directive
Greens fought against IPRED (Intellectual Property Rights Enforcement Directive), which attempted to generalise the use of criminal sanctions in all cases of intellectual property infringements. Greens helped to make sure that criminal sanctions only apply in case of violation of intellectual property rights on a commercial scale and not for personal use. This controversy has led to the blockage of the Directive in Council.
Extension of copyright protection
Greens succeeded in mobilising more than 200 MEPs from all Groups to vote for the rejection of the “Term Extension Directive” which aims to extend music copyright. Primary beneficiaries of the extension will be large recording companies but the costs will be borne by new, younger artists and European citizens at large. Furthermore, Greens contributed to build up a blocking minority within the Council in order to force the Commission to present a new proposal to effectively improve the situation of performers.
Neutrality of the internet – no three strikes
Greens fought a hard and lengthy battle for neutrality of the internet in ongoing EU telecom legislation (Telecom Package). Subsequently, the EP rejected the proposed graduated response (three strikes) principle, introduced in the EP by right wing MEPs which would have allowed the removal of – after three warnings, and by an administrative body without trial – the internet connection of users suspected of illegal downloads and uploads. Greens are of the opinion that the internet is a means to guarantee citizens freedom of expression, access to information and education. Only a judge, following a court process, can decide to remove an internet connection.
What Greens want
Public documents in open formats
Greens want public documents to be written and conserved in an open format, in order to keep public administrations independent from software publishers and patent holders and ensure document accessibility to all citizens, independent of which software he or she uses.
European Patent Office (EPO)
Greens want EPO to become a Community Institution, accountable to the Commission and the EP. The EPO shall be publically funded, in order to discourage their practice of issuing high numbers of patents in order to secure EPO financing, which is detrimental to the quality of patents. Greens propose that 5% of the renewal fees of patents are transferred to an independent research and innovation fund.
Free the Web
Greens support an active vision of the Web as a platform for the exchange of information, with peer-to-peer groups in which each user can upload or download content and applications of choice. The non-commercial use of the internet must be excluded from all sanction systems. Greens oppose a transformation of the internet into “TV-on-Demand”, the installation of filtering by internet providers, and any systematic surveillance of the net, because it is incompatible with the right to privacy.
Global Online Freedom Act
Greens want a European Global Online Freedom Act (GOFA) which aims to protect of Internet freedom. Among others, the GOFA shall strengthen digital basic and human rights, promote the dissemination of anti-censor technology, increase transparency about the technical complicity of IT companies and internet providers in acts of state censorship, and develop minimum standards for IT companies providing internet services in dictatorships.
Open access to science
Greens support the Open-Access Movement for the widest sharing of scientific knowledge as advocated by the Berlin Declaration on Open Access – signed by 200 universities, research institutions, funding agencies, foundations, libraries, museums and archives from all over the world. The declaration states that “our mission of disseminating knowledge is only half complete if the information is not made widely and readily available to society”.
References
Green Paper of the European Commission on Copyright in the Knowledge Economy (2008) : http://ec.europa.eu/internal_market/copyright/docs/copyright-infso/greenpaper_en.pdf
Berlin declaration on open access: http://oa.mpg.de/openaccess-berlin/berlindeclaration.html
7th Framework Programme: http://cordis.europa.eu/fp7/home_en.html
Competitiveness and Innovation Framework Programme (CIP): http://ec.europa.eu/cip/index_en.htm
US Congress bill 2006 for a Global Online Freedom Act (GOFA)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4780ih.txt.pdf
Useful web-sites
La Quadrature du Net (Squaring the Net), a citizen group informing about legislative projects menacing civil liberties as well as economic and social development in the digital age: http://www.laquadrature.net/en
Electronic Frontiers Foundation, defending digital rights: http://www.eff.org
Creative Commons, a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright, providing free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof: http://creativecommons.org/
The Greens in the European Parliament
Advisor on Research and Technology:
Laurence Vandewalle, tel: 0032 2 2841695, laurence.vandewalle@europarl.europa.eu
Advisor on Legal Affairs:
Francesca Beltrame, tel: 0032 2 2832146, francesca.beltrame@europarl.europa.eu
Advisor on Internal Market: Stany Grudzielski, tel: 0032 2 2831455, stanislas.grudzielski@europarl.europa.eu
May, 2009
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June 2nd, 2009 at 10:41 am
Web pirates, dancing prince running for Euro seats
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/01/AR2009060101283.html
Record low turnout is expected for the June 4-7 elections for the European Parliament, “giving fringe candidates a better chance of winning seats”.
Hollywood’s “successful [Oh, really ?] court action against a notorious file-sharing site in Sweden has propelled a new movement advocating copyright reform to the doorstep of the European Parliament. Once a blip on Sweden’s political map, the Pirate Party has gained followers by the thousands after four men behind The Pirate Bay Web site were given one-year prison terms for helping users break copyright laws [Oh, really ?] . “We tripled our member count in a week,” Pirate Party founder and chairman Rickard Falkvinge said.”"
June 3rd, 2009 at 1:10 am
I love how the mainstream media and the corporate sharks define “success”:
1. Nobody jailed, case under appeal which could drag on for years
2. Serious questions regarding judicial conflict of interest.
3. Serious mobilization of the “political wing” of the CopyFight.
4. No meaningful decrease in “piracy” whatsoever.
5. Entire generation soured on the corrent political process, viewing it as a corporate con-game.
yeah, the TPB verdict was a real “win”, there.
June 3rd, 2009 at 8:32 am
It’s also interesting how the MSM and the Corporate Machine do everything they can to make everyone think US Laws (such as DMCA) apply all over the World.
People DO view the whole thing as a corporate con game, because it really IS!…
1) Taking a CIVIL INFRINGEMENT, and trying to make everyone believe it’s a CRIMINAL OFFENSE.
2) Using the CIVIL COURT process to avoid the “unfavourable challenges” and onuses the criminal process would demand, while maintaining the “criminal” nature of the charges and penalties they seek.
3) Successfully confusing the legality of FILE SHARING with the separate issue of COPYRIGHT INFRINGEMENT.
4) Getting providers, governments, and schools to become IP ENFORCEMENT AGENTS and FOOT THE BILL as well.
5) Removing any instance of SAFE HARBOUR, whenever it gets in the way of possibly shutting down a major link in the P2P chain.
6) Removing all normal legal rights from the victimized parties to properly defend themselves.
7) Keeping the propaganda flowing 24/7.