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before and after ACTA




       glyn moody




        
4 July 2012
   ACTA: Anti-Counterfeiting Trade
     Agreement
   European Parliament voted down
     ACTA by 478 votes to 39, with 165
     abstentions
   first time European Parliament had
     rejected an international trade
     agreement negotiated by European
     Commission
   culmination of 6 months of EU-wide
     protests
                 
Statute of Anne (1710)
   "An Act for the Encouragement of
     Learning"
   gave limited monopoly (14 years +
     14 year extension)
   text became freely available after
     that period – created modern
     public domain
   strongly influenced US copyright
     law

                 
Gutenberg 2.0: the Internet
   blogs (100 million)
   Flickr+Instagram (7 billion)
   YouTube ("hundreds of millions")
   Facebook (approaching one billion)
   Web pages (one trillion)
   all about sharing
             Web turned ordinary people into
               creators and *recreators* through
               re-use of existing material

                        
DMCA/EUCD
   DRM (Digital Rights
     Management/Digitale Rechte-
     Mindering) failed
   Digital Millennium Copyright Act
     (1998)
   makes DRM circumvention illegal
   introduced "takedown" notices
   European Copyright Directive
     (2001)

                 
SOPA
   Stop Online Piracy Act (2011)
   notice to payment processors and
     ad services; regarding sites that
             allegedly engage in, enable or
               facilitate infringement or
             allegedly are taking or have taken
               steps to avoid confirming a high
               probability of infringement
   surveillance
             loss of privacy, freedom of speech

                        
SOPA protests
   Internet Blackout 18 January 2012
   Wikipedia, Google, Mozilla +
     115,000 sites went dark/modified
   Net community: 4.5 million
     signatures
   SOPA (and sister legislation PIPA)
     withdrawn
   Europe woke up to ACTA


                 
ACTA
   civil damages - "any legitimate
     measure of value the right holder
     submits"
   criminal damages - "piracy on
     commercial scale": "for direct or
     indirect economic or commercial
     advantage"
   digital - "promote cooperative
    efforts"; preserving "fair
    process and privacy"; "identify a
    subscriber" allegedly infringing
                 
the great digital lockdown
   even harsher punishments for
     sharing digital files
             allegedly
   no price too high
             presumption of guilt
             criminal sanctions for trivial
               infringement
             collective punishment of families
               (HADOPI, Digital Economy Act; ACTA
               originally included "3 strikes")

                           
an unwinnable arms race
   DMCA/EUCD brought in to "solve"
     problems with existing copyright
     laws
   SOPA/ACTA are being brought in to
     "solve" problems with DMCA/EUCD
   beyond ACTA lies TPP – Trans-
     Pacific Partnership agreement
   "problem" more fundamental: even
     if the Net could be locked down,
     still can't stop sharing
                 
Moore's Law
   every 18 months, for given price
             computing power doubles
             computing storage doubles
   key way in which digital
     technology differs from analogue
   total computing power of 1960s US
     Apollo moonshot
             on-board + on-the-ground for all
               the Apollo missions
              = 1 Google search
                        
hard facts
   amazon.de
             portable 3 terabyte hard disc,
               plugs into USB port, costs €110
             3 terabytes = 3,000 gigabytes =
               3,000,000 megabytes
             roughly one million MP3 songs
   new meaning to "partying hard"
             bring your own hard disc, and swap
               a few hundred thousand songs


                        
today's laws (1)
   2007, Jammie Thomas fined $222,000
     for sharing 24 songs
   2009, Joel Tenenbaum fined
     $675,000 for sharing 30 songs
   $150,000 per copyright
     infringement
   owner of a full 3 terabyte hard
     disc could face a fine of
     $150,000,000,000 – roughly 5% of
     Germany's GDP
                 
today's laws (2)
   John Tehranian "Infringement
     Nation: Copyright Reform and the
     Law/Norm Gap" (2007)
   "an ordinary day in the life of a
     hypothetical law professor named
     John"
   up to $4.5 billion in potential
     liability annually, for copyright
     infringement


                 
tomorrow's reality
   three years' time, ten million
     MP3s
   few years later, it will be every
     song ever recorded
   after that, every film ever
     recorded
   finally, end up with everything
     ever created, on a single storage
     device that fits in your pocket
   3d printers
                   
time to get real
   for 300 years, copyright law has
     moved in one direction
   in an analogue world, copyright
     was of interest to lawyers
   in a digital world, copyright
     matters to everyone using a
     computer or smartphone
   this is a major transition
             not "once in a lifetime"
             "once in a civilisation"
                        
what to do?
   recognise that analogue and
     digital are different
             analogue artefacts are scarce
             digital artefacts are abundant
   recognise that copyright for each
     is different too
   public debate is needed about form
     and contours of digital copyright
   lack of public debate led to anti-
     ACTA protests
                        
perpendicular politics
   the politics of the anti-ACTA
     protesters neither on the left,
     nor on the right
   confusion about where left-wing
     and right-wing parties stand on
     copyright
   not just a left-right spectrum,
     now have scarcity-abundance
     spectrum


                 
scarcity politics (1)
   1972: United Tasmania Group,
     Values Party of New Zealand
   1973: UK PEOPLE Party, later
     Ecology Party, Green Party
   1980: German Green Party
   moved on from being a single-issue
     grouping to one that could join
     mainstream coalitions with
     traditional parties

                 
scarcity politics (2)
   policy related to central theme of
     scarcity – of natural resources
   raising awareness of serious
     effects of negative externalities
     of abundance
             pollution of physical sphere
               (treating air, water, land as
               infinite dumping grounds)
             over-exploitation (fish stock
               collapse, deforestation,
               desertification)
                        
abundance politics (1)
   2006: Swedish Pirate Party
   2009: 2 seats in European
     Parliament
   2011/2012: 4 German Piratenpartei
     wins in state elections
   moving on from being a single-
     issue grouping to one that could
     join mainstream coalitions with
     traditional parties

                 
abundance politics (2)
   policy related to central theme of
     abundance – of digital resources
   raising awareness of serious
     effects of negative externalities
     of scarcity
             "pollution" of ethical sphere
               (treating monopolies as more
               important than basic freedoms)
             under-exploitation (failing to
               realise huge gains that shared
               knowledge can produce)
                        
a party of the commons?
   significantly, in September 2011,
     the Greens in the European
     Parliament announced they would
     adopt the Pirate Party's position
     on copyright
   suggests the emergence of a third
     force, neither left, nor right,
     but drawing on both, uniting
     analogue scarcity with digital
     abundance - the "commons"
     position
                 
the next epicentre?
   Germany led the way with the rise
     of the green movement as a
     serious party of government
   it led the way with the rise of
     the Piratenpartei
   it led the way with the anti-ACTA
     protests
   could it lead the way again with
     the creation of a new political
     force building on all three?
                 
before and after ACTA

       glyn.moody@gmail.com

@glynmoody on Twitter/identi.ca

     opendotdotdot.blogspot.com




              

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Glyn Moody - before and after acta final

  • 1. before and after ACTA glyn moody    
  • 2. 4 July 2012  ACTA: Anti-Counterfeiting Trade Agreement  European Parliament voted down ACTA by 478 votes to 39, with 165 abstentions  first time European Parliament had rejected an international trade agreement negotiated by European Commission  culmination of 6 months of EU-wide protests    
  • 3. Statute of Anne (1710)  "An Act for the Encouragement of Learning"  gave limited monopoly (14 years + 14 year extension)  text became freely available after that period – created modern public domain  strongly influenced US copyright law    
  • 4. Gutenberg 2.0: the Internet  blogs (100 million)  Flickr+Instagram (7 billion)  YouTube ("hundreds of millions")  Facebook (approaching one billion)  Web pages (one trillion)  all about sharing  Web turned ordinary people into creators and *recreators* through re-use of existing material    
  • 5. DMCA/EUCD  DRM (Digital Rights Management/Digitale Rechte- Mindering) failed  Digital Millennium Copyright Act (1998)  makes DRM circumvention illegal  introduced "takedown" notices  European Copyright Directive (2001)    
  • 6. SOPA  Stop Online Piracy Act (2011)  notice to payment processors and ad services; regarding sites that  allegedly engage in, enable or facilitate infringement or  allegedly are taking or have taken steps to avoid confirming a high probability of infringement  surveillance  loss of privacy, freedom of speech    
  • 7. SOPA protests  Internet Blackout 18 January 2012  Wikipedia, Google, Mozilla + 115,000 sites went dark/modified  Net community: 4.5 million signatures  SOPA (and sister legislation PIPA) withdrawn  Europe woke up to ACTA    
  • 8. ACTA  civil damages - "any legitimate measure of value the right holder submits"  criminal damages - "piracy on commercial scale": "for direct or indirect economic or commercial advantage"  digital - "promote cooperative efforts"; preserving "fair process and privacy"; "identify a subscriber" allegedly infringing    
  • 9. the great digital lockdown  even harsher punishments for sharing digital files  allegedly  no price too high  presumption of guilt  criminal sanctions for trivial infringement  collective punishment of families (HADOPI, Digital Economy Act; ACTA originally included "3 strikes")    
  • 10. an unwinnable arms race  DMCA/EUCD brought in to "solve" problems with existing copyright laws  SOPA/ACTA are being brought in to "solve" problems with DMCA/EUCD  beyond ACTA lies TPP – Trans- Pacific Partnership agreement  "problem" more fundamental: even if the Net could be locked down, still can't stop sharing    
  • 11. Moore's Law  every 18 months, for given price  computing power doubles  computing storage doubles  key way in which digital technology differs from analogue  total computing power of 1960s US Apollo moonshot  on-board + on-the-ground for all the Apollo missions  = 1 Google search    
  • 12. hard facts  amazon.de  portable 3 terabyte hard disc, plugs into USB port, costs €110  3 terabytes = 3,000 gigabytes = 3,000,000 megabytes  roughly one million MP3 songs  new meaning to "partying hard"  bring your own hard disc, and swap a few hundred thousand songs    
  • 13. today's laws (1)  2007, Jammie Thomas fined $222,000 for sharing 24 songs  2009, Joel Tenenbaum fined $675,000 for sharing 30 songs  $150,000 per copyright infringement  owner of a full 3 terabyte hard disc could face a fine of $150,000,000,000 – roughly 5% of Germany's GDP    
  • 14. today's laws (2)  John Tehranian "Infringement Nation: Copyright Reform and the Law/Norm Gap" (2007)  "an ordinary day in the life of a hypothetical law professor named John"  up to $4.5 billion in potential liability annually, for copyright infringement    
  • 15. tomorrow's reality  three years' time, ten million MP3s  few years later, it will be every song ever recorded  after that, every film ever recorded  finally, end up with everything ever created, on a single storage device that fits in your pocket  3d printers    
  • 16. time to get real  for 300 years, copyright law has moved in one direction  in an analogue world, copyright was of interest to lawyers  in a digital world, copyright matters to everyone using a computer or smartphone  this is a major transition  not "once in a lifetime"  "once in a civilisation"    
  • 17. what to do?  recognise that analogue and digital are different  analogue artefacts are scarce  digital artefacts are abundant  recognise that copyright for each is different too  public debate is needed about form and contours of digital copyright  lack of public debate led to anti- ACTA protests    
  • 18. perpendicular politics  the politics of the anti-ACTA protesters neither on the left, nor on the right  confusion about where left-wing and right-wing parties stand on copyright  not just a left-right spectrum, now have scarcity-abundance spectrum    
  • 19. scarcity politics (1)  1972: United Tasmania Group, Values Party of New Zealand  1973: UK PEOPLE Party, later Ecology Party, Green Party  1980: German Green Party  moved on from being a single-issue grouping to one that could join mainstream coalitions with traditional parties    
  • 20. scarcity politics (2)  policy related to central theme of scarcity – of natural resources  raising awareness of serious effects of negative externalities of abundance  pollution of physical sphere (treating air, water, land as infinite dumping grounds)  over-exploitation (fish stock collapse, deforestation, desertification)    
  • 21. abundance politics (1)  2006: Swedish Pirate Party  2009: 2 seats in European Parliament  2011/2012: 4 German Piratenpartei wins in state elections  moving on from being a single- issue grouping to one that could join mainstream coalitions with traditional parties    
  • 22. abundance politics (2)  policy related to central theme of abundance – of digital resources  raising awareness of serious effects of negative externalities of scarcity  "pollution" of ethical sphere (treating monopolies as more important than basic freedoms)  under-exploitation (failing to realise huge gains that shared knowledge can produce)    
  • 23. a party of the commons?  significantly, in September 2011, the Greens in the European Parliament announced they would adopt the Pirate Party's position on copyright  suggests the emergence of a third force, neither left, nor right, but drawing on both, uniting analogue scarcity with digital abundance - the "commons" position    
  • 24. the next epicentre?  Germany led the way with the rise of the green movement as a serious party of government  it led the way with the rise of the Piratenpartei  it led the way with the anti-ACTA protests  could it lead the way again with the creation of a new political force building on all three?    
  • 25. before and after ACTA glyn.moody@gmail.com @glynmoody on Twitter/identi.ca opendotdotdot.blogspot.com