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As and IFPI lobbyist, Maria Martin-Prat looked to outlaw DRM cracking and making backup copies. Now she's Europe's "copyright queen" (or more precisely the "Head of Unit Services I, Directorate General Internal Market, European Commission").   (Source: European Commission)

EU legislators Christian Engström (Sweden, top) and Marietje Schaake (Netherlands, bottom) are fighting the appointment.  (Source: Wired (top)/LGEO Online (bottom))
EU hires a head lobbyist from RIAA parent org. IFPI to steer its copyright policy

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 citizensthreats, 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." 
She reiterated her stance in a conference paper [PDF].

Similarly, Ms. Martin-Prat looked to rob consumers of the ability to crack DRM.  DRM cracking in the U.S. and Europe is prohibited, but not typically prosecuted unless you distribute the cracked files.  Ms. Martin-Prat sought to make the very act of DRM cracking a prosecutable felony.

In her IFPI work said that she and the industry were "pleading for strong copyright protection".  Well apparently those pleas for stronger "protection" have been answered.

II. Growing Opposition to Appointment

Two EU legislators -- Liberal Dutch MEP Marietje Schaake and Swedish Pirate Party MEP Christian Engström -- have openly blasted the appointment.  They write [PDF] the EC asking:

 

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.



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This article is over a month old, voting and posting comments is disabled

Companies beat people
By BugblatterIII on 4/6/2011 7:49:51 PM , Rating: 2
Welcome to capitalism. The major corporations are running our countries.

They'll continue to do so until people realise that disliking unregulated capitalism and a 'free market' isn't the same as disliking democracy and rise up to put an end to their tyranny.

Capitalism and democracy aren't the same thing; in fact capitalism is destroying democracy!

A free market means that companies are free to do whatever they like. It's not a good thing just because it has the word 'free' in it.

Whom you elect isn't particularly relevant anymore; whomever you put into office is controlled by the same corporations as every other major political leader.

You don't get to vote which corporation controls your elected leader, therefore unchecked capitalism will destroy democracy.

And if you want to stop the corporations from taking over who can you vote for? People are realising that it doesn't matter who they vote for anymore, they're going to get shafted more every day regardless.

When even Vanity Fair starts talking about revolution you know it's getting serious. Cosmo next?




RE: Companies beat people
By YashBudini on 4/6/2011 9:06:09 PM , Rating: 3
quote:
A free market means that companies are free to do whatever they like

Free markets work well within a properly defined and functioning legal system. What you're seeing is free-for-all capitalism, growing closer to anarchy everyday. If one truly believes that free markets will balance out for the better by themselves then the same level of deregulation that companies want should be matched by a similar level of deregualtion when suing such companies. But as usual they want the good stuff without the bad.

As for frivilous lawsuits they have become an everyday occurence because corporations don't want to put time and money into litigation, even though once they make such a position clear they would have fewer suits to deal with. That's their choice and we all pay for that choice (It doesn't just affect them FC, but I waste my breath).

Any company can fight a charge and them sue for litigation costs, they simply choose not to.

quote:
You don't get to vote which corporation controls your elected leader, therefore unchecked capitalism will destroy democracy.

Lobbying at its finest.

quote:
And if you want to stop the corporations from taking over who can you vote for?

Why not have a corporation run for office? The Supreme Court says they are people too.


RE: Companies beat people
By myhipsi on 4/7/2011 12:35:00 PM , Rating: 2
I think it can be better defined as a corporatocracy. Where government works for the benefit of corporations (a revolving door for corporations).

Corporations and free markets aren't the problem, big (corrupt) government is the problem. Big government is the vehicle that allows corporations to protect their profits through setting up various barriers to entry, writing loop-holes in laws that favor them, writing tax-codes that favor them, writing new laws that punish the consumer for the benefit of the corporation (like the above example), etc. Without the government protection racket, corporations actually have to compete on an even playing field.

It drives me crazy to see all this propaganda for "more regulation" aka. more government control, which ultimately means more laws/regulations written to benefit the current form of crony-capitalism, what people today mistakenly call free-market capitalism.


RE: Companies beat people
By YashBudini on 4/7/2011 6:14:51 PM , Rating: 1
RE: Companies beat people
By dtm4trix on 4/8/2011 3:31:55 AM , Rating: 2
I think you just put into words what a lot of us in the United States have been thinking for the past 4 or 5 years and just couldn't enunciate it the way you just did..thank you....well played!


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