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Italian parliament passed legislation unknowingly legalizing P2P music

Just when they thought they were a step closer to halting the sharing of music, Italy goes and screws things up.  The Italian parliament passed a new copyright law in both houses that would allow citizens to share noncommercial and degraded music over the internet freely.  But alas, it turns out all music sold on most download sites is degraded. MP3 and AAC files at 192kbps and 128kbps, respectively, fit in the downgraded category.

Though the law limits file sharing to “educational or scientific” use, there will be more difficulty in prosecuting those who use it for other purposes.  The law adds a broad definition of what is considered legal and illegal in this context.

Andrea Monte, who specialized in copyright law, states that the legislature “does not know that MP3 fall within the concept of degraded music”.  Monte is one of the first lawyers to be assigned to study the law at the Ministry of Cultural Heritage, according to la Repubblica. 

The current law, passed through the Chamber and Senate, needs only to be published in the Official Journal before becoming a fully fledged law.  Because of this, the law is no longer able to be edited.  In order to correct the mistakes of this legislation, parliament officials will have to pass another law.

But for now, SIAE (Società Italiana degli Autori ed Editori), Italy’s RIAA counterpart, will have to deal with the situation, possible to help mold a new law.

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By HaZaRd2K6 on 2/3/2008 5:04:58 PM , Rating: 2
Do 320kbps MP3s fall into the "degraded" category? They aren't lossless, so they are degraded to some degree.

RE: 320kbps?
By homerdog on 2/3/2008 6:25:36 PM , Rating: 2
Good question. I would like to know how they decide what is "degraded" and what is not.

RE: 320kbps?
By cochy on 2/3/2008 11:06:11 PM , Rating: 2
If it's not lossless then it's technically degraded.

RE: 320kbps?
By homerdog on 2/4/2008 12:37:48 PM , Rating: 2
Of course, but you know how these laws are. Oftentimes the legal definition and the technical definition have nothing to do with one another.

RE: 320kbps?
By mars777 on 2/4/2008 2:03:48 PM , Rating: 3
MP3 is degraded in any kb/s mode. FLAC is a lossless format.

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