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a discussion about crisis of intellectual property

novembre -1 modifié dans Economie de la musique
Nous avions lancé sur l'audioblog Songs to the sirens un post d'alerte concernant les DASVI, et par ce biais, avons eu de remarquables interventions d'un nommé squashed. Comme j'étais un peu dépassé en english, j'ai fait appel à notre ami Edised pour causer avec lui. S'en est ensuivi une passionnante discussion, qui mêle interrogations politiques et références artistiques. Je crois qu'elle aurait plus d'impact et d'effets en étant lisible ici, sur musique-libre.org.
C'est peut-être l'émergence d'une mouvement international après tout ?
qui sait ?

voir les textes originaux ici :
http://www.another-record.com/wordpress/?p=186

je vais donc patiemment copier ces messages
qui sont donc en anglais
il y a surement des anglophones parmi nous qui seront à même de poursuivre ce débat avec squashed et edised.

Merci

Réponses

  • décembre 2005 modifié
    squashed wrote :

    Hey what’s going on in France? Is the above notice for action related to this news below?

    http://yro.slashdot.org/yro/05/12/02/2040237.shtml?tid=123&tid=185&tid=219&tid=106

    “According to the Free Software Foundation of France the French Department of Culture is telling free (as in speech) software providers that ‘You will be required to change your licenses … You shall stop publishing free software,’ and warn they are ready ‘to sue free software authors who will keep on publishing source code.’” From the post: “It appears that publishing Free Software giving access to culture is about to become a counterfeiting criminal offence. Will SACEM sue France Télécom R&D research labs for having published Maay and Solipsis (P2P pieces of software used to exchange data)? Up to this point, the rather technical debate surrounding the issues addressed by DADVSI bill (copyright and neighbouring rights in the information society) makes one ask: Just how much control do the Big Players in the field of culture want to seize? It now looks like years of quibbling have put an end to compromises.” More information on the DADVSI bill is available at Infos-du-net.com. They’ve come a long way since last year.
  • décembre 2005 modifié
    edised wrote :

    Hi Squashed! and everyone!
    btw where are you from?
    DADVSI law is directly related to the european EUCD directives from 2001, and adopted by nearly all countries in europe…France is one of the last, but certainly not the least!
    http://www.euro-copyrights.org/
    One of the biggest problem in France (Dana you’ll agree with me), is that culture is regulated by a powerful Culture cabinet, which is here to tell people, what they have to listen to (remember the french vs. international ratios for radio airplay?) and how culture should be conducted. Musician’s right are collected by the sole and powerful “SACEM”, which is the main detentor of artists’ rights. Huge multimedia companies like “vivendi/universal” , based in France, have the power to make pressure on the french government as their economic power is huge, they make sure their interests are well looked after by trying to hijack the law(universal’s CEO’s wife is a MP, in charge of anything copyright related), by trying to impose modifications on the text.
    Then this DADVSI law has been highly discussed, mainly on the web, most national press or television doesn’t seem to be interested, some find it terrifying, other say its not going to be as extreme as it may appear, but most of us find this text vague and unprecise, leaving enough room for concern within the free music, free software community and beyond(let’s not forget our police and some administrations are also using free software!). Unfortunately the public is not even aware of what’s the parliament’s bag!
    The debate now takes places on some influential web sites like http://forum.framasoft.org/ http://eucd.info/ ,or http://www.musique-libre.org/ and efficient actions have yet to be coordinated.
    What happens is everybody tries to use his contacts, letters have been sent to the prime minister, members of parliament.
    I appreciate your sympathy, and you were wondering if you could do something like writing to any MP or minister…
    I don’t know if that could be legitimate but you can try…if Dana has got a link for you?
    If you’re a musician, musique-libre.org tries to urgently set up an engaged compilation to be released before the 13th of december (it’s short notice!), so if you can write a protest song or sample any speech, to remix it as you like feel free to submit it to them…
    Many events will be organised like gigs, maybe tours…
    Alternatively, there’s another european matter which goes in the same (bad) direction, http://www.fsfeurope.org/projects/ipred2/ipred2.en.html
    if you’re in the UK you can use that system to write to your MEP :
    www.writetothem.com
    Any help is welcome and don’t hesitate to contact me if you need any info on that matter, I’ll try to help as much as I can…
    Once more thanks for your concern!
  • décembre 2005 modifié
    squashed wrote :

    >>.. where are you from?

    hey hey, edised. I am in southern US.

    >>Then this DADVSI law has been highly discussed, mainly on the web, most national press or television doesn’t seem to be interested,>>

    Because the TV/Radio are media industry. Vivendi, TimeWarner own huge chunks of TV/Radio network in the world. They are the one who write those laws. They want to keep music/content distribution. They control the news/entertainment channel. That is why nobody hears about such laws. It’s the same all over the world. Same group of company doing same kind of dishonest politics.

    >>I don’t know if that could be legitimate but you can try…if Dana has got a link for you?>>

    no, not writing as constituent, obviously that has no effect. But as you notice I am quite ignorant of how politics work in french, but personal letter could sometimes has some effect if not only statistical feedback number regarding an issue.

    from my personal vantage point. I really don’t think I can do any direct concrete actions, except emailing friends who are constituent and let them know. It’s just that the whole thing pisses me off since it affect works I like and some people I know.



    Some more information for non-french speaker who are interested.

    ————————

    Once again, this is a good example of how content industry and “global players” are about to lock down creativity and culture in order to establish a worldwide system of rights restrictions. And, it also seems once again the players acting in this “game” are all the same:

    … In this case, DADVSI is quite like IPRED2: Mme Fourtou, rapporteur of the Framework Decision to the JURI meeting, is the wife of Vivendi Universal’s CEO (author of the amendement Vivendi Universal/SACEM/BSA in the french Parliament)…

    About that, even knowing that (according to German Heise newsticker) legislation process has to be restarted for IPRED2 just helps little. It seems right now there are many moves of those who oppose freedom… :/

    https://www.fsfe.org/en/fellows/kristianrink/a_gnu_level/free_software_intellectual_property_and_more_nonsense

    http://mail.fsfeurope.org/pipermail/discussion/2005-December/005255.html

    It seems that we are the guinea pigs of the new european laws. In this
    case, DADVSI is quite like IPRED2: Mme Fourtou, rapporteur of the
    Framework Decision to the JURI meeting, is the wife of Vivendi
    Universal’s CEO (author of the amendement Vivendi Universal/SACEM/BSA in
    the french Parliament). Everybody’s concerned.

    Since her Framework Decision was rejected by JURI “on the basis of the
    Court’s judgment of 13 September 2005 (Case C‑176/03 Commission v
    Council) where the Court clarifies the distribution of powers between
    the first and third pillars as regards provisions of criminal law”,
    IPRED2 could be voted in a “trilogs” procedure with only one reading by
    the EU Parliament (otherwise, we have 2 two chances instead of 3 in the
    co-decision process).

    The Commission will present another proposal for a Directive by end of
    January 2006. We have just a little more time to act.
  • décembre 2005 modifié
    edised wrote

    Not that I know…
    As I said, and you’ve highlighted above, there’s not much interest in that matter going on, and obviously there’s not going to be any representative or free community “friendly” MP in the assembly.
    We should never forget that universal spends a fortune in advertisement in major french medias…So who wants to contest the boss?
    The date they’ve chosen compromises a large debate.
    Who wants to bother arguing about copyright and patents a day before christmas?
    Unless that’s part of the industry you belong to and you want to send corrupted mps so they’ll secure your interests…
    And as my local member of european parliament replied regarding IPRED2:
    “Our focus is to
    protect civil liberties whilst at the same time recognising that police
    and security services must have access to traffic data (not the content of
    the calls, emails etc) in order to track down those who are engaged in
    serious and organised crime and terrorism.
    We must do all we can to bring to an end the crimes that blight our
    continent such as the trafficking in human beings, enslavement of women
    and children into prostitution and terrorist activities, which have no
    respect for human life or civil liberties.
    It will be a difficult balance to achieve but our approach of protecting
    how the data is stored, accessed and used will be a vital part of that
    package”

    So what I’ve learned from that, is that prostitution, terrorism, various traffics are much more appealing to voters, then to their MPs…than freedom of speech, of broadcasting, ang beying spied on…
    Also, on that vivendi amendment, there’s a little bit of blue-ish sky here or there, as individual european laws can’t go beyond the eucd compliances (it’s lucky), so let’s hope this won’t go through…

    I’m as well pessimistic on that vote, and think that the free community has been a bit late waking up, we’re all guilty…Because of the little power we have, I think it should have been at least a long lasting campaign that should have started at the time when EUCD was actually dicussed, but who was aware of what was going on at the time?…Well…there are 3 weeks to go now, will it going to be enough to wake up people beyond the “free” community? Will some major and influent artists talk about this ?
  • décembre 2005 modifié
    squashed wrote :



    well, like they say. It ain’t over until the fat lady sings.

    I don’t know what is the subtleties of French legislative system, or how it works even. But if what I know about US politics holds true, never bet on short battle. It’s always over long term and building grassroot. Alternative new site, inviting people to visit the blogs, podcast, working with friendly local newspaper and radio, etc.

    Even the act of noting/reporting/post follow up on each issue will collect information for future fight. (eg. if there is court battle challanging the law.. Or it indeed turns out that those MP’s are corrupt and receiving some illegal money/favor)

    The only problem is where to put all those little information together. And I don’t know much about french political blogs. I only know one general EU blogs that I visit once every blue moon.

    http://www.eurotrib.com/

    There is one entry in recommended diary currently in there.

    http://www.eurotrib.com/?op=displaystory;sid=2005/12/4/8058/77541


    BTW, related item. I think Sleater Kinney screams it the best. That political articulation is not abstract, but a real and concrete action. “Join rank and file on the tv dial. Where is the black and blue?” Sleater kinney is one of those politically active group.

    (Maybe this song is a little out of topic for this side, since it hard rock album. But I can’t resist since their last album is very brave. Angular, not radio friendly/over driven sonic, strong writing, and political.

    Entertain

    So you want to be entertained?
    Please look away (Don’t look away)
    We’re not here ‘cause we want to entertain
    Go away (Don’t go away)
    Reality is the new fiction they saw
    Truth is truer these days, truth is man-made
    If you’re here ‘cause you want to be entertained
    Please go away

    If your art is done, Johnny get your gun
    Join the rank and file, on your TV dial



    Hey! Look around they are lying to you
    Can’t you see it’s just a silly ruse?
    They are lying, and I am lying too.
    All you want is entertainment,
    Rip me open it’s free

    1,2,3! If you want to take
    a shot at me get in line
    1,2,3! I’ve had all my
    shots and I’m fine

    -Sleater-Kinney

    Lyric
    http://www.21lyric.com/S/Sleater-Kinney-lyrics/The-Woods/Entertain/

    entertain mp3.
    http://www.subpop.com/scripts/main/bands_page.php?id=441
    http://www.subpop.com/scripts/main/download.php?url=/downloads/free/Entertain308.mp3&mid=308

    Their hp, you can stream the entire album.
    http://www.sleater-kinney.com/index2.php

  • décembre 2005 modifié
    edised wrote :

    thanks squashes for the infos and links…Cool song as well, I’ve noticed sleater kinney were on the legendary “sub-pop” label…It brings back good memories to me…
    I agree with you on short term battles, and feels realistic about it…
    But I still think that we should use that “wake up call” to start thinking ahead from now on, and see what we can achieve in the years to come, and start to organize a more in depth campaign…
  • squashed wrote :

    Yeah Sleater-Kinney just join sub-pop, moving from kill rock star. They did a tour with pearl jam just recently. I thin Pearl Jam is the biggest group that is politically active, although the rightwing media has attack them somehow.

    ———

    About campaign. (again nothing I almost know nothing about french scene on the web. So I am strickly talking out of my ass basing from my what I know works for US scene)

    For larger picture:

    1. Bring average folks online, introduce them to interesting sites, encourage them to comment/play role/be active participants. (sadly, radio/TV/Magazine is still the best way to introduce new visitor)

    2. Bring together various group that usually don’t talk to each other (local zines, smaller artists, local radio, fans) Put them all in one place and make them talk and post. Strange new idea always come from screaming contest. haaa…

    3. get obsessed. detail information pieced together obssesively can be usefull for no and in the future.

    4. reuse good idea for next campaign cycle.

    Once people are online and active, usually it doesn’t take much for people to keep contributing. So even if current campaign fail, the infrastructure and experiance are usefull for next fight. People already know each other, connection being made, sites build, idea developed, etc…

    … and of course having too much fun in the process.

    heh…

    (I can’t decide if I need to start reading current french politics or not. There aren’t many good french politics blog in english.)


    While I am on musical ranting mode. Let’s add this too:

    Old Shit / New Shit Lyrics
    by Eels


    With sad regrets
    I’m tired of the old shit
    Let the new shit begin

    The psychic pain
    Of living in this world
    Is overwhelming me
    Again and again
    A beautiful afternoon
    Inside you in your bed
    I’m tired of the old shit
    Let the new shit begin

    Nobody loves you
    Everyone cares
    None of them know what’s
    Coming ’round the bend
    Congratulations to me
    Many happy returns
    I’m tired of the old shit
    Let the new shit begin

    http://www.lyricsdomain.com/5/eels/old_shit_new_shit.html

    mp3.
    http://www.gloriousnoise.com/arch/001605_eels.php

    ——–

    So, let’s start new one.

    (don’t you hate bubbly optimism? haa haa…
    and I haven’t even have my coffee yet)


    Here is a collection of protest song. Altho’ of course most are for anti war effort, but some have general enough message.

    The style are mix. from indie rock, hip-hop, all theway to songwriters. Most are artists associated with Sonic Youth.

    http://www.protest-records.com/mp3/tracks2.html

    K-Os, btw, also have a song about record company. (Love song. better propaganda has a low bitrate d/l)


    This is spreading like disease.

    http://yro.slashdot.org/yro/05/12/05/1120214.shtml?tid=155&tid=17

    “The Chancellor of the Exchequer, Gordon Brown, has ordered an independent review of intellectual property rights in the UK. The review will be led by Andrew Gowers, formerly the editor of London newspaper The Financial Times. The review will look into the awarding of IP rights to business, the complexity of current laws and the extent of “fair use” in the current law. Importantly, the review will also examine whether the current term of copyright protection (70 years after the author’s death) is appropriate. Andrew Gowers recently criticised the print industry for not realising the true power of the digital platform, comparing them to a record company which specialises in vinyl.”

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