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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Mozilla + 115,000 sites went dark/modified Net community: 4.5 million signatures SOPA (and sister legislation PIPA) withdrawn Europe woke up to ACTA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