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  • Frozencat99
  • The Legend

    • 2096

    • October 09, 2011, 04:31:36 pm

The European Court of Human Rights has declared that the copyright monopoly stands in direct conflict with fundamental Human Rights, as defined in the European Union and elsewhere. This means that as of today, nobody sharing culture in the EU may be convicted just for breaking the copyright monopoly law; the bar for convicting was raised considerably. This can be expected to have far-reaching implications, not just judicially, but in confirming that the copyright monopoly stands at odds with human rights.

Full article here (too disruptive to quote post):

Summary, for those who distrust the URL (scanned fine) or who don't want to read the full thing:
-- This means that a conviction or any other judicial decision based on copyright law, restricting a person’s or an organisation’s freedom of expression, must be pertinently motivated as being necessary in a democratic society, apart from being prescribed by law and pursuing a legitimate aim. (from the translated verdict)

-- This means that people can no longer get convicted for violating the copyright monopoly alone.

-- Be careful interpreting this verdict as a free-for-all. It’s not. What it says is that violating the copyright monopoly laws is not enough for a conviction, and that the copyright monopoly laws collide with Human Rights. Those are two huge wins in themselves. But it doesn’t mean nobody will ever get convicted for sharing culture again – just that courts have to justify why a conviction is also “necessary in a democratic society”, in addition to having met the normal and previous bar for a conviction.

This seems to be a huge victory, especially for those with libertarian inclinations.
Beware the Homosexual Industrial Complex --

You can leave your heterophobia behind.

  • TheWB18
  • Expert Waygook

    • 634

    • October 27, 2011, 07:51:30 am
    • South Korea
Hmm...I always feel a bit 50/50 about these kinds of things. In one sense, as the economies of the developing world move more and more into the dichotomous, service vs. knowledge economy, I hate to see intellectual property rights getting weaker, because I have every intent to be on the knowledge-producing, knowledge-value-adding side of this equation and I don't want the movie rights for my first novel to be less lucrative than they could be because of unchecked piracy.

On the other hand, the heavy-handed prosecution of copyright violators over the last decade, internationally but especially in the U.S., has been a shift towards seeing this kind of prosecution as a form of persecution is a good thing.