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The Parallel Politics of Copyright and Environment

Posted by timothy on Thu Oct 12, 2006 11:38 AM
from the I'll-take-the-environment-alex dept.
zumaya100k writes "In recent months, Slashdot has covered the rise of the Pirate Party and the battles in Europe over iPod interoperability. Canada's Hill Times has an insightful column from Michael Geist that links these developments as the growing importance of copyright as a political issue. He argues that copyright is now tracking the environment as a mainstream political issue." (Geist is talking about Canada here, but much the same can be said about the U.S. and other places.)

Related Stories

[+] Apple: Parts of French 'iPod Law' Struck Down 49 comments
idobi writes "Parts of the French 'iPod law' have been struck down. The French Constitutional Council found certain aspects of the law to be troubling and a violation of copyright... not the copyright of artists, but companies' copyright of their DRM software." From the article: "In particular, the council eliminated reduced fines for file sharing and said companies could not be forced, without compensation, to make music sold online compatible with any music device. The law, which had been approved by the French Senate and National Assembly last month, was brought for review by the council following the demand of more than 100 members of the National Assembly. The council's review of whether the law fits within the French Constitution's framework is one of the final steps before a law is promulgated. Now it could take effect as altered by the council, or the government could bring it once more before the Parliament."
[+] Your Rights Online: Swedish Voters Keelhaul Pirate Party 299 comments
Billosaur writes "Apparently the 'scurvy dawgs' are still in control. Results from Sunday's Swedish national election were not favorable for the Pirate Party, according to Wired News. According to the article, 'The Pirate Party not only failed to score the 4 percent required for a seat in Sweden's Parliament, but appears to have missed the 1 percent that would have afforded the party state assistance with printing ballots and funding staff in the next election.' However, the party sees this as a learning experience and morale is still good."
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  • This about sums it up for me (Score:5, Insightful)

    by TubeSteak (669689) on Thursday October 12 2006, @11:45AM (#16410153) Journal
    The average Canadian knows little about the intricacies of fair dealing or technological protection measures, yet the implications of copyright policies that hamper free speech, privacy, security, and consumer rights are far easier to appreciate.
    The simpler the cause, the easier it is to make it a mainstream issue.

    Complexity is anathema to politics in most countries.
    • Re:This about sums it up for me (Score:5, Insightful)

      by rf0 (159958) <rghf@fsck.me.uk> on Thursday October 12 2006, @11:59AM (#16410345) Homepage
      I always take my wife as a normal type person who just wants technology to work. She reads email, writes letters and does a little bit of surfing. She doesn't really care about computers and seems to live in her own little bubble. So I posed gave her a quick run down of the UK RIP bill (http://www.guardian.co.uk/theissues/article/0,651 2,334007,00.html) basically saying that the government can come along and watch everything she does on the net, can be put in jail for refusing to give her password out etc and her response was. " As long as I don't do anything wrong why should I worry? "

      To me it seems people will only notice things are becoming a police state when its a bit to late. Most /.'ers can see what is coming but the general populs, the ones who vote (though how effective that is I don't know) will happily ignore things until it becomes and issue when the police turn up at the front door
      [ Parent ]
      • Re: (Score:3, Interesting)

        As long as I don't do anything wrong why should I worry?

        I agree with your basic premise (although I don't think we are anywhere near a police state as the phrase is normally used), but one thing we do need is a cleary stated and consice answer to the abov

        • Re: (Score:2, Interesting)

          "And if your wife asks, "Why would they show up up the front door? Give me exact examples." what would you say? It's not that people are that willfully ignorant, it's just that those raising the issue are not succeeding in making the threat seem real enoug
        • Re:This about sums it up for me (Score:5, Insightful)

          by TubeSteak (669689) on Thursday October 12 2006, @01:42PM (#16411799) Journal
          It's not that people are that willfully ignorant, it's just that those raising the issue are not succeeding in making the threat seem real enough.
          They do not see laws designed to strip the rights of Bad Guys (copyright infringers, terrorists, anti-social asshats) as affecting them, because they do not percieve Bad Guys as part of their "community".

          Change "making the threat seem real enough"
          to "making the threat seem personal enough"

          The quickest and easiest way to do that is to ask [Whoever] personal questions you know they aren't going to answer.

          When [Whoever] refuses, ask them "As long as you didn't do anything wrong, why shouldn't you answer?"

          The answer they give you is the same answer to the question "As long as I don't do anything wrong why should I worry?"

          Once you change the way those people look at the issue, you can change the way they feel about it. To do that, you have to go after their fundamental assumption that Bad Guys != Their Community.
          [ Parent ]
        • Re:This about sums it up for me (Score:5, Insightful)

          by dpilot (134227) on Thursday October 12 2006, @01:56PM (#16411929) Homepage Journal
          How about the New York State Thruway analogy.

          Back in the old days, the speed limit on the NYST was 55mph, like other limited-access highways. But NOBODY went 55mph, and in fact it was quite common to drive past police cars at 70mph, assuming they weren't driving right beside you at that speed, or faster.

          In essence, EVERYONE was breaking the law. That also meant that had they wanted to, or if they had to fill a quota of some sort, they could stop ANYONE for at least a speeding ticket. Beyond that, they could probably add reckless endangerment, etc. But the reality is, since everyone was breaking the law, they could adopt alternate criteria for stopping you, say they don't like your looks, or your car's looks.

          To be honest, I don't know that the system was ever abused in this way. I never heard of any abuse, that that doesn't mean that there was or wasn't any.

          But the possiblity was there.

          Now to bring it home to your wife...

          Do you KNOW that you're not breaking any laws? When was the last time you sat down and read ALL the laws, to sort out which ones are applicable to you? How about Blue Laws? I've heard that some places have laws on the books that the Missionary Position is the only legal method for sexual intercourse. I don't know whether that's true or not, but I do remember some time in the past few years, a high court ruling that upheld a law against sex toys in your own bedroom. There was recently a rider forbidding mail-order purchase prescription drugs from Canada, and it was tacked onto a completely unrelated bill. It turns out that sometimes these riders are added late in the process, too late to be in the version of the bill given to legislators for review. Things can sail right under the radar, leaving room for "selective enforcement."

          In these days, I'd mostly fear not knowing enough about who I'm doing business with. In a completely innocent fashion, it's possible to "make material contributions to terrorist organizations," by simply buying something from the wrong people.
          [ Parent ]
      • Re: (Score:2, Informative)

        by Anonymous Coward
        At least in the US, the correct answer to "As long as I don't do anything wrong why should I worry?" involves pointing out that the Constitution was written to protect you from the State's wrongdoing, not vice-versa.

        In the twentieth century alone, 100,000,
      • Re: (Score:3, Informative)

        To me it seems people will only notice things are becoming a police state when its a bit to late.
        Not that this has anything to do with TFA, but most people misuse or do not understand the words "police state" [wikipedia.org]

        "Security state" or "militarized state" more acc
      • Re: (Score:3, Interesting)

        you presented it wrong...

        Ask her if it's ok for the police to come into your home at any time and look through all your drawers and everything else at any time they like, and will jail you for telling them to go away or not letting them in.

        what is her resp
        • Re:This about sums it up for me (Score:4, Insightful)

          by forkazoo (138186) <wrosecrans @ g mail.com> on Thursday October 12 2006, @12:35PM (#16410855) Homepage
          you presented it wrong...

          Ask her if it's ok for the police to come into your home at any time and look through all your drawers and everything else at any time they like, and will jail you for telling them to go away or not letting them in.

          what is her response then?


          You still overestimate the average person. They will say that the police would only do it to criminals, so they have no reason to fear the police having that authority. Seriously, I've tried to use this exact explanation. Somewhere along the line, people stopped believing that they themselves were the fundamental source of authority, and have come to believe that governments have inherent power. They believe that the government is always looking out for them, and beyond criticism. Somehow, they just don't get the fact the government is just a big group of people who are lazy, stupid, and power hungry as everybody else. Often, more so.
          [ Parent ]
          • Re: (Score:2, Interesting)

            Exactly!

            To some extent, the freedoms that most Western countries (at least the U.S.--I have limited experience in other Western countries) have enjoyed for so long have become our own worst enemy, in a sense.

            Because most of us in the U.S. have not ha
      • Re: (Score:2)

        her response was. " As long as I don't do anything wrong why should I worry? "

        And of course the answer to that we should all remember is: "Do you trust the govenment enough to not screw up. So you trust government enough to keep absolutely clean databa

      • Re: (Score:2)

        " As long as I don't do anything wrong why should I worry? "

        Read "Atlas Shrugged", and memorize the speech (is it Dagny Taggart's?) about how the government has no hold over law-abiding citizens, which is why the government passes so many laws covering so
      • Most human beings are happier under the boot of some dictatorship or the other. As long as they're in a relatively snug groove of the boot, the stamping doesn't really bother them.

        Let's look at the history of humanity. For most of human civilisation, and even before that, humans lived in societies without rights, equality, freedoms or justice. The powerful ruled, and if you objected, you would either be brutally beaten or killed outright. Not only that, your extended family could also be expected to suffer as well.

        So with that in mind, lets consider the human "liberty loving" gene, the one that bristles when your rights are infringed upon. Do you think that is now a common gene? Do you think most human beings have retained a strong expression in genes like that one. Or do you think that rather, it is those humans who expressed more "quiet sheep" genes that proliferated throughout most of history.

        Most people are descended from a long, long line of quiet, contented serfs. Ergo, most people will naturally act and behave like quiet, contented serfs. You are surrounded by them daily, choked by their suffocating apathy. They are individual only in the individual ways that they acquiesce to other humans who exude the "master" pheromone. Ultimately, democracy collapses under the dead weight of their inborn complacency
        [ Parent ]
        • Re: (Score:2)

          You are surrounded by them daily, choked by their suffocating apathy. They are individual only in the individual ways that they acquiesce to other humans who exude the "master" pheromone. Ultimately, democracy collapses under the dead weight of their inbor
      • Re: (Score:3, Insightful)

        I have thought of that as an excuse for this behavior also, but then I think: who am to decide what is "right" and "wrong"? I am sure that your wife, as almost everyone else, does "wrong" things every day - speeding on the freeway, copying music CDs to he
        • Re: (Score:2)

          If people don't want to vote, there is something wrong with the political/electoral system. Compulsory voting may make the problem less evident, but it doesn't deal with the problem.
    • Re: (Score:2)

      Too bad the average American believes that if you are interested in free speech implications and privacy that you are a terrorist or a conspiracy theorist.
  • Main stream only now? (Score:3, Interesting)

    by balsy2001 (941953) on Thursday October 12 2006, @11:46AM (#16410169)
    This has been a very big issue for corpoprations and politicians for years now (think of Disney getting copyright extensions for mickey mouse), but only recently due to the advances in technology has it become a household issue.
    • I can't believe this hasn't been modded up.

      I think you hit the nail on the head: copyright has been a political issue for a while, but it's only recently that it's started to affect normal people. Thus they care, where they didn't give a damn before.

      Most people don't care about things in the political realm, outside of the small sphere which they perceive as actually having a direct effect on their lives.

      E.g., one of the reasons the gun lobby is so big in the U.S., is that there are a lot of people who own guns, and realize that changes in gun laws could directly affect their lives, and thus take an interest in it, one way or the other.

      If you had as many bittorrent users as there are gun owners, and if those bittorrent users found their bittorrenting to be as important to them as gun owners find their gun ownership and its associated activities, then there's no reason why the "BitTorrent Lobby" wouldn't be equally powerful.

      It's all about making average people care.
      [ Parent ]
  • Civil rights...not environment... (Score:5, Insightful)

    by Suzumushi (907838) on Thursday October 12 2006, @11:48AM (#16410191)
    A more appropriate comparison/parallel for the copyright issue would be civil rights, not the environment.

    And similarily, landmark court decisions and not legislation will probably determine the direction that copyright will take us...back to the slave owning days, or to a future of equal opportunity.

    • Re: (Score:2)

      And yet the environment laws, and copyright, are both individuals vs corporations, while civil rights were individual vs individual. It appears we are reaching an almost "cyberpunk-like" level of corporation vs individual conflict of rights and interests.
    • Re: (Score:2)

      Actually, I think Geist is a little off on this one: the two issues are ultimate the same issue.

      Both deal with the obligations of an individual to respect the interests (if not legally the rights) of the rest of the world. Intellectual property is essenti
      • Re: (Score:2)

        "Both deal with the obligations of an individual to respect the interests (if not legally the rights) of the rest of the world."

        Since "the rest of the world" includes the individual, group, or organization that created and produced the work in the first pl
      • Re: (Score:3, Interesting)

        Both deal with the obligations of an individual to respect the interests (if not legally the rights) of the rest of the world. Intellectual property is essentially the intellectual equivalent of pollution, a by-product of the creation of ideas that is freq
        • Re: (Score:2)

          And yet without copyright, the GPL could not force downstream authors to release their source. Stallman's greatest contribution may have been to demonstrate the sheer power and flexibility of IP protection.

          The GPL is only around because of information i

        • Re: (Score:2)

          Did you really just say the US is probably the most innovative society in the arts the world has ever produced? I think you are mistaking money with innovation.
          Do you not see the irony in suggesting that as the tm/c/patent producers want them it's not li
          • Re: (Score:2)

            Did you really just say the US is probably the most innovative society in the arts the world has ever produced?

            Culture is the United States' biggest export. It's not necessarily through breakthrough innovation, but rather, through the embrace and extend
          • Re: (Score:3, Informative)

            Did you really just say the US is probably the most innovative society in the arts the world has ever produced? I think you are mistaking money with innovation.

            I notice that you do not dispute my claims about science and technology. Briefly, Americans inv
        • Re: (Score:2)

          IP or "intellectual property" is an oxymoron. If you mean "copyrights, trademarks and/or patents", say what you mean.

          Everybody is a producer of copyright material -- everything you write, everything you draw or build, everything you say is subject to cop
          • Re: (Score:2)

            If you insist on being pedantic, my original statement applies to economically useful intellectual property. Everyone is a producer of various bodily fluids, does that make everyone a "manufacturer"?

            Also, I neglected to mention in my original post that in
    • Re: (Score:2)

      Absolutely, as Dr. King said: "I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident: that all music formats are created equal and anyone should be able to share anything t
  • Ummm... (Score:2)

    A generation ago, if the environment was considered at all, it was viewed as a niche issue too complex to matter to the average voter.

    In the US: Earth Day began in 1970, the Clean Air Act was passed in 1963, what is now called the Clean Water Act was pass

    • Re: (Score:2)

      In defence of the original author, a generation is typically taken to be 25 years (or perhaps 22 [wikipedia.org]). And if we use Earth day as the awakening of the environmetal movement in the US, that's 36 years ago, which is about a generation and a half. That's a perf
    • The media focus (and thus the populist mindset) on the environment in the 1970's was "don't litter", "don't start forest fires", and "don't use up all the gas so I can have some when I get to college". If we were to analogize environmental issues to civil
  • Usually when politics is about the environment, it's about trillions and trillions of dollars worth of government impositions on every last aspect of private individual lives. Anything from toilets, to showerheads, to cell phones, to jumping thru 100 hoop
    • Re: (Score:2)

      Usually when private industry impacts the environment, it's about trillions and trillions of dollars worth of industrial imposition on every last aspect of individual lives. Anything from cancer, to global warming, to habitat destruction, to overfishing. I
  • I doubt it becomes as much an issue (Score:4, Informative)

    by Opportunist (166417) on Thursday October 12 2006, @12:04PM (#16410445)
    Environmental issues went big in the late 70s and 80s, but I doubt we'll see a similar development today. You have to see that people were quite a bit different then. Many were looking for "alternatives", there was a general sentiment for less technology and more back-to-the-roots. The peace movement in the shadow of the atomic stalemate between the two superpowers was a huge driver as well, and people were generally more politically interested than they are today.

    To make matters worse, to be concerned over copyright, you first of all have to have access to copyrightable material. If you don't then, well, the stuff doesn't really matter to you. So you have to be one of those that actually either produce or consume content. Now, producers of copyrightable material will hardly argue that there is too little restriction for the user, and people who're the proverbial "lazy consumer" will hardly stand up and become political movers.

    Let's also not forget that the environment and peace movement was also driven by songwriters, poets and other "content creators", and only a handful of them were actually concerned with the issue, the rest saw a huge market to milk. Now, which artist out for money would sing against copyright?

    Generally, I'm a little pessimistic that copyright becomes the "green" movement of the 2010s. I'd love to see it, and I'll support it with everything I can, but my hopes are not too high.
    • Re: (Score:2)

      There's a massive difference between the level of panic that drives resolutions to environmental issues and the level of panic that drives resolutions to copyright/trademark/patent issues.

      Environmental dangers cause loss of life. This induces a survival-in
    • Re: (Score:2)

      ``Now, which artist out for money would sing against copyright?''

      There are some. NOFX, for one; I also think System of a Down and The Offspring; I'm sure there are others.
    • Re: (Score:2)

      Generally, I'm a little pessimistic that copyright becomes the "green" movement of the 2010s. I'd love to see it, and I'll support it with everything I can, but my hopes are not too high.

      I'd have to agree, if simply because in all the casual conversatio

  • US Economy (Score:5, Insightful)

    by javilon (99157) on Thursday October 12 2006, @12:13PM (#16410569) Homepage
    After the manufacturing sector imploded and now the services sector is hit by outsourcing, the only strongly exportable products produced by the American economy are linked to IP.
    The problem is that for this to work, the rest of the world has to adopt USA IP laws, and most countries know it goes against their best interest, so they are not very enthusiastic about it.

  • And in another tie-in (Score:4, Interesting)

    by michaelmalak (91262) <malak@acm.org> on Thursday October 12 2006, @12:15PM (#16410595) Homepage
    I wonder why the publisher still make me take atoms when all I really want are bits.

    I.e. getting rid of copyrights (or bringing them back to 14+14 years) would help the environment.

    • Re: (Score:2)

      Can somebody explain why so many people think copyrights were originally 14+14 years? I hear this erroneous assertion frequently. From the copyright office [copyright.gov]: "Under the law in effect before 1978 ... the copyright lasted for a first term of 28 years from t
  • I don't know why, but when I hear of the Pirate Party, I think of this little nugget of goodness from Blackadder the Third:

    ("H" is Mr. Hanna, the reporter, and "I" is Ivor, the candidate)

    H: Quite. Now; Ivor Biggun, no votes at all for the Standing-At-The

  • by mcwop (31034) on Thursday October 12 2006, @12:51PM (#16411093) Homepage
    In a world with no copyright protection, companies will simply create their own protection schemes. Absent law that states otherwise, companies will not be obligated to share their protection schemes with anyone that won't meet their terms. Of course, people could try and circumvent the protection schemes, and the schemes might prevent market success for their products (though this is not guaranteed). But, it is foolish to think that without copyright everything would be easily copy able by everyone except the technologically savvy.

    Without copyright, maybe even Microsoft might come up with a protection scheme that works.

  • after all,
    it has long been known that piracy is directly linked to global warming.
    http://www.venganza.org/about/open-letter/ [venganza.org]
    • Re: (Score:3, Interesting)

      then it should be my prerogative to decide if I sell that book, if I give it away, who can distribute it...
      Why should it? I hope you realize that this is your personal opinion. A lot of us think that the individual freedom to share, copy, modify, or other