While most agree that piracy is illegal and wrong to some extent, many feel the media industry is behind the times when it comes to digital distribution.  They argue that media companies fail to provide consumers with appealing options hence consumers take matters into their own hands and resort to piracy.  They also complain that the piracy punishment resembles mob tactics more than a fair legal process, with million dollar verdicts against everyday citizens, threats, and off-the-record settlements.

Unfortunately for those unhappy with the situation, it may be about to get worse.  

I.  The EC's New Copyright Chief -- A History of Working to Cut Owner Rights

The European Union has been appointed Maria Martin-Prat to head their copyright commission.  The copyright commission is part of the EU's business regulatory body, the European Commission (EC).  Ms. Martin-Prat will be replacing former chief Tilman Lueder, who is heading to a new position in China.

Ms. Martin-Prat had formerly left the EC and enjoyed employment working at International Federation of the Phonographic Industry, the parent organization of the U.S.'s RIAA, Canada's CRIA, and Britain's BPI.

During her stint at the IFPI, Ms. Martin-Prat worked to try to outlaw backup copies of media.  The EC provides a private copying exemption, dubbed the European Fair Dealing.  The U.S. enjoys similar exemptions, which the RIAA/IFPI have contended in the past are illegal.  They argue that making backups is "stealing" and you should just repurchase damaged/lost content.  Ms. Martin-Prat argued [PDF] that backups have "no reason to exist".

She contends that backup exemptions violate the three-step test first written into the Berne copyright convention 50 years ago.  Those steps state that exemptions are only fair if they:

1. Apply to a "special" case. 
2. Don’t interfere with the "normal exploitation of the work."
3. Don't "unreasonably prejudice the legitimate interests of the rights holder." 

Does the Commission not see any problems in recruiting top civil servants from special interest organisations, especially when being put in charge of dossiers directly related to their former employers? If not, why not?

Does the Commission feel that such an appointment would help to build confidence with the European Parliament and the general public that the Commission can be trusted to handle copyright-related issues in a fair and balanced manner?

Mr. Engström was even more emphatic in his own blog, slamming the EU for supporting what he sees as corrupt cronyism.  He writes:

Welcome to the European Union, where the big business lobby organizations are calling most of the shots at the Commission, and where citizens are just seen as a nuisance to be ignored. I guess the only real news is that they don’t even bother to try to hide it any more.

Given existing EC rules and policies, the organization now has to respond to the criticism pertaining to the appointment, justifying its controversial decision.

This is not the first time that the issues of corruption, favoritism, and bias have been raised in Europe.  During the iconic trial of the Pirate Bay, the judge in the trial was found to have formerly worked for a copyright protection organization.  

He provided jurors with information that the Pirate Bay admins' legal team felt was inaccurate and misleading.  The trial resulted in a conviction, a sentence of prison time, and a massive fine for the admins.

The legal team tried to appeal the verdict and sentence, but ended up losing before an unsympathetic higher court.