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List: dmca-discuss
Subject: [DMCA_Discuss] Hijack of Europe data retention laws
From: "gene" <syber () tampabay ! rr ! com>
Date: 2005-11-27 13:55:07
Message-ID: 000d01c5f35a$2d260600$6501a8c0 () PC116878316169
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Posted: Sat Nov 26, 2005 10:57 pm Post subject: RIAA hijacks anti-terror law \
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http://www.theregister.co.uk/2005/11/25/data_retention/
Music biz to 'hijack' Europe's data retention laws
From terrorism to filesharing
By Lucy Sherriff
Published Friday 25th November 2005 17:40 GMT
The entertainment industry is trying to commandeer the proposed European \
directive on data retention to help it prosecute filesharers in the European Union, \
it has emerged.
The newly-formed Creative and Media Business Alliance (CMBA), an informal \
grouping (it says) of companies including Sony BMG, Disney, EMI, IFPI, MPA and \
Universal Music International, says it wants the data protection directive to be \
modified specifically so that it can be used to go after pirates.
In a letter to all MEPs, the CMBA said:
"We would appreciate your support in ensuring that this becomes an effective \
instrument in the fight against piracy".
It went on to ask MEPs to amend the directive so that it covers all criminal \
offences, not just the "serious" ones of organised crime and terrorism, and that law \
enforcement's access to the data should not be limited.
When it voted on Wednesday, the European parliamentary committee on civil \
liberties did keep the word "serious", but only as defined in the European arrest \
warrant, which includes piracy.
According to Suw Charman, founder of the Open Rights Group, this means the door \
is officially open for the entertainment industry to use legislation designed to \
protect European citizens from terrorists to prosecute them instead.
"The industry is attempting to pervert this legislation, to back up a failing \
business model based on little more than speculation [that downloading is harming the \
music business]," she told The Register.
"There is no public good in creating legislation that empowers the creative \
industry to sue its own customers."
She also notes that if IPRED2 is passed (legislation that would make \
filesharing a criminal, not civil, offense), Europe's tax payers will have to pick up \
the tab for the prosecutions.
Charman is dismissive of suggestions that the directive is much more balanced \
now that the committee has amended it, saying that the core problems with the \
directive remain.
"It is still undemocratic, disproportionate legislation that may well \
contravene Europe's human rights conventions," she said.
The directive will now go to the European Council, who may chose to reject of \
the parliamentary committee's amendments, before proceeding to a plenary vote on 13 \
December. It is only slated to get one reading in parliament, and MEPs will have a \
matter of days to examine the text before the vote. ®
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<TD width="100%"><SPAN class=postdetails><FONT face=Arial>Posted: Sat Nov
26, 2005 10:57 pm<SPAN class=gen> </SPAN> Post subject:
RIAA hijacks anti-terror law</FONT></SPAN></TD>
<TD vAlign=top noWrap><A
href="http://forums.wumarkus.com/posting.php?mode=quote&p=195993"><FONT
face=Arial><IMG title="Reply with quote" alt="Reply with quote"
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<TD colSpan=2><SPAN class=postbody><A
href="http://www.theregister.co.uk/2005/11/25/data_retention/"
target=_blank><FONT
face=Arial>http://www.theregister.co.uk/2005/11/25/data_retention/</FONT></A><FONT
face=Arial> <BR><BR>Music biz to 'hijack' Europe's data retention laws
<BR>From terrorism to filesharing <BR>By Lucy Sherriff <BR>Published
Friday 25th November 2005 17:40 GMT </FONT><A
href="http://forums.wumarkus.com/viewtopic.php?p=195993#195993"><FONT
face=Arial><IMG title="New post" height=9 alt="New post"
src="http://forums.wumarkus.com/templates/BlackSoul/images/icon_minipost_new.gif"
width=12 border=0></FONT></A><BR><BR><FONT color=#000000><FONT
face=Arial><SPAN style="COLOR: yellow">The entertainment industry is
trying to commandeer the proposed European directive on data retention to
help it prosecute filesharers</SPAN> in the European Union, it has
emerged. <BR><BR>The newly-formed Creative and Media Business Alliance
(CMBA), an informal grouping (it says) of companies including Sony BMG,
Disney, EMI, IFPI, MPA and Universal Music International, says it wants
the data protection directive to be modified specifically so that it can
be used to go after pirates. <BR><BR>In a letter to all MEPs, the CMBA
said: <BR><BR>"We would appreciate your support in ensuring that this
becomes an effective instrument in the fight against piracy". <BR><BR>It
went on to ask MEPs to amend the directive so that it covers all criminal
offences, not just the "serious" ones of organised crime and terrorism,
and that law enforcement's access to the data should not be limited.
<BR><BR>When it voted on Wednesday, the European parliamentary committee
on civil liberties did keep the word "serious", but only as defined in the
European arrest warrant, which includes piracy. <BR><BR>According to Suw
Charman, founder of the Open Rights Group, this means the <FONT
color=#000000><SPAN style="COLOR: yellow">door is officially open for the
entertainment industry to use legislation designed to <SPAN
style="TEXT-DECORATION: underline">protect</SPAN> European citizens from
terrorists to <SPAN style="TEXT-DECORATION: underline">prosecute</SPAN>
them instead.</SPAN> <BR><BR>"The industry is attempting to pervert this
legislation, to back up a failing business model based on little more than
speculation [that downloading is harming the music business]," she told
The Register. <BR><BR>"There is no public good in creating legislation
that empowers the creative industry to sue its own customers." <BR><BR>She
also notes that if IPRED2 is passed (legislation that would make
filesharing a criminal, not civil, offense), </FONT><SPAN
style="COLOR: yellow">Europe's tax payers will have to pick up the tab for
the prosecutions.</SPAN> <BR><BR>Charman is dismissive of suggestions that
the directive is much more balanced now that the committee has amended it,
saying that the core problems with the directive remain. <BR><BR>"It is
still undemocratic, disproportionate legislation that may well contravene
Europe's human rights conventions," she said. <BR><BR>The directive will
now go to the European Council, who may chose to reject of the
parliamentary committee's amendments, before proceeding to a plenary vote
on 13 December. It is only slated to get one reading in parliament, and
MEPs will have a matter of days to examine the text before the vote.
®</FONT></FONT></SPAN></TD></TR></TBODY></TABLE></FONT></DIV></BODY></HTML>
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This material is distributed to those who have expressed a prior interest in \
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