New developments are coming out of the German Federal Constitutional Courts, stating that the "Provision 53" will be upheld by the nation. Provision 53 is part of a copyright law, which states that digital copyrights are to respected to an extent, but the copying of CD's for private use must be allowed under official German law.
The record industry has challenged this provision of the law, stating that the copyright law which originated in 2003, was later revised in 2008, and thus allowed a fair dispute from their side of the fence. The industry has claimed that allowing consumers to legally copy CD's would not only hurt their business, but open the floodgates for illegal sharing amongst friends and family.
Managing Director for The Association of the German Music Industry, also known as BVMI, Stefan Michalk, has stated "The interpretation of the German Federal Constitutional Court is controversial, also among experts of German constitutional law, thus before filing the claim we were aware of the risks, but we had to take our chance because the fact of whether private copying is legal or not is of such a big importance for the record business. For us it is still very questionable that the court refused our claim for formal reasons."
Even though the tough opposition to the legal provision has been fierce, the German courts have continued to enact this provision as law, going against industry wishes and pressures. The rights of it's people, the court said, is more important than any scheme to make a few extra pennies. The German people can consider this a huge victory on behalf of their rights to copy, and not copyrights.
In the United States however, the MPAA, and the RIAA, have both stated that making a sole copy of a DVD or a CD is completely illegal and punishable by criminal and civil charges. Legislation in Germany, however, now continues to protect the rights of all their citizens, against the fear mongering of the industry and their representatives.
As we all know, if you purchase a CD or DVD in it's original form, kids, mishandling, or just natural wear and tear, can totally destroy the item. Thus, making a backup copy is realistically the only way to maintain the product in which you paid for, without having to purchase it again. Hat's off to the German government to staying in touch with reality over choosing to support an invasion of rights by a corporate interest and agenda for profit.
The claims in the German courts to appeal the decision, are being led by none other than Sony Music, Warner Brothers, EMI, and Universal Studios. The courts which revised their copyright laws in mid 2008, have tossed out any and all appeals by these labels, stating that these particular appeals where not filed in time, where as under German law they must file an appeal with the Third Chamber of the German Federal Constitutional Court within exactly one year of the first revision. They failed to meet these requirements, thus their appeals go unheard.
The German courts are now considering forcing these labels to remove the statement "Copy Controlled" from all CD media which is sold in the nation. Currently labels and publishers put these statements on all CD's, which in fact would now be considered a "false advertisement" since it is in fact allowed. A hearing is set for mid-December, where it's expected that if the music labels do not abide by the outcome, they will be penalized for each CD sold using that statement.
A great day it is, where a government does not fold under pressure from a major corporate entity. If only other civilized nations would follow this lead by the German's, then we would have a new era of freedom from copy protections, not just in a few nations, but globally. Hats off to Germany for making such a proper decision regarding the right to copy.
November 11th, 2009Posted by: Date:
Wednesday, November 11th, 2009
|posted by |
admin (2009-11-11 09:54:43)
|posted by (2009-11-11 10:11:28)|
|its always been legal if had to orginal cd ;XD atleast soem where|
|Not in the USA :D|
|posted by (2009-11-11 13:12:30)|
|Thanks Obs, Maybe just maybe the German Music Industry might just give us the 2 minutes of silence today at 11am as it is remembrance day.|
|posted by (2009-11-11 14:53:05)|
|its even totaly legal to copy a cd ect if have the orginal one atleast in some contry|
|MPAA & RIAA say even to copy one dvd or cd is against the law. Thus why they place DRM on them. Ludicrous? Yes. Insane? Yes. Wrong? Yes. Legal? No.|
USA- - A recent article in the Washington Post claims that the Recording Industry Association of America (RIAA) views copying a legally purchased CD onto a computer or an MP3 player as unauthorized, and potentially subject to a lawsuit.
UK- - "It's illegal to copy ('burn') a CD of copyrighted material. This includes loading tracks on to an MP3 player or making a compilation CD.
UK copyright law forbids you from copying music from one format to another, even if you bought the original."
This is why so many nations have Pirate Parties and organizations dedicated to the reform of very old copyright laws which need rewritten
|posted by (2009-11-11 17:56:38)|
|It's good to know thanks Obscene.|
|posted by (2009-11-11 18:43:03)|
|i know in some contry if you break the protection to be able to watch movie ect its np atleast use to be that some have already won the court batle :D|
|damn taker then make an article about it.. lmao... not all of live in the uk.. we are in the us.. and its not legal.. " got the point " hope so ?|
|posted by (2009-11-11 23:15:52)|
|and i quote obscene " UK- - "It's illegal to copy ('burn') a CD of copyrighted material. This includes loading tracks on to an MP3 player or making a compilation CD.|
UK copyright law forbids you from copying music from one format to another, even if you bought the original." yes that makes sense you possibly have a discography of original Queen cds and tapes but you have to pay itunes to get the mp3 format as its illeagal to convert to a different format is it just me or has the world gone mad
we cant do this we cant do that its oppresive for example i am a youth worker we cant sing baa baa black sheep because its racist ( against sheep ), we arent allowed to use the phrase brainstorming as its offencive to people with epilepsy we cant check young people to see if they are carrying knives or drugs we have to contact the police even if they are carrying a knife back in the slave era people and slaves had more freedom than todays modern society i do believe in the movie V for Vendetta and feel that it will become true just maybe the end result will be different and not so victorious for free thinkers and that worries me to know that day is gonna come soon where free speak and sharing is prohibited i think we need to make a stand before it is to late well done germany
|posted by (2009-11-12 00:01:04)|
|well lets all hope this is the start to makke it legal :D we can only hope :P and no i havent got any point :D only point is why can some be legal ok ect in one place and no in other palces thats stupid law should be = no matter where your from the only thing we can do is stand together the more the stronger we are and let them know we wont be bullyed|
|i wouldn't even know any australian law is about for any of this..|
as a mod said from another site about us aussies, we tend to have this - who gives a shit attitude.. until the police do a skirgsks on me.. that's my motto!
|posted by (2009-11-12 13:26:39)|
|I can answer what the law is in Australia. I should say what was explained to me by one of the â€œcopyright policeâ€ in 2001. As far as I know it has not been changed. At the time I worked for a lighting company and one of the shops was raided by the thugs from whoever it is that controls these things. I canâ€™t recall the name of that organisation but they were sweeping through several Melbourne suburban shopping areas at the time.|
On this day the shop in question had a radio quietly playing in the back office. It could be just heard inside the shop proper but sounded like it was outside. Lighting stores tend to be quiet environments at the best of times. Suddenly three goons stormed into the store and demanded to know who owned the radio? You can imagine their frustration when there was total denial of a radio being on the premises. Even when they forced their way into the back office and pointed at the offending item. The response there was to ask if that was a radio. The store personnel were told that to have a radio that could be heard by anyone other than the person using it was illegal but you could buy a license at several thousand dollars per year. These thugs claimed that the only way you could legally use a radio in a public space or near a public space was to use headphones.
While one staff member slipped out to warn the other shops the rest of the staff delayed them by questioning what was legal and what was not.
It appears that to share any copyrighted material is illegal. That includes watching a television with your family. It is also illegal to copy and/or change the format of any copyrighted material. So if you wish to listen to your favourite music in your car as well as at home you either take the cd from home with you or buy another copy. Having a copy on your hard-drive or mp3 player is forbidden unless you download from one of the pay sites like iTunes.
I assume that is technically illegal if you buy a cd or dvd and some other family member plays it even though they may be the only person present.
What I find it hard to comprehend is the lengths that Microsoft goes to for its programs but includes a cd ripper and mp3 converter in its multimedia players.
My personal view is that copyright is extinguished the moment anything is released into the public domain provided that it is for fair use only and not for profit.
|posted by (2009-11-12 23:24:27)|
|Its a beautyful thing!! More power to us!! For me it will ALWAYS be legal. I paid for the cds with tax, so its my money, my item, and I will do whatever I want with it, AS LONG AS I DONT MAKE A PENNY FROM IT! I dont need some buricrats telling me what to do with my posession. Keep sharing brothers!|
|posted by (2009-11-13 22:33:26)|
|hey GARYCOL good ta here a local speaking out |
im just down the road from melbaz.
i have a quote that i feel sums it all up
"If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson
|Once its made public they shouldn't be able to say anything. Keep sharing|
|Listen up all the Slapknutzers who want to stop people sharing. If anyone has a file or anything that is multimedia at home, they can either call in some friends or give the damn thing to them to take home on loan to watch it or even keep it! This is no different to using the Internet p2p facility to do exactly the same thing. It is just a different way to let someone else have a share of what you own. |
What really needs to happen to stop this crap about the US and THEM opposing forces about "copying" and "sharing" is for the people to rise en masse in public demonstration to have governments BUTT out altogether on the issue and to cancel all existing legislation that seeks to interfere with the right of all of us to share what we have with whoever we want to when we want to.
If I loan all my fellow p2p'ers my car........should that mean that those all those people who have some copyright on design and manufacture should be able to sue me for choosing to do so. Or what about if I throw a party and put on a movie in my home theatre for 100 guests.......should I have to worry about the "copyright police" stormtrooping my house to arrest me for breach of copyright.
Wake up world!........it's all too late for this. The things that are in place to enable anyone anywhere to "breach copyright laws" mean that it will only ever be an growing phenomenon which no force on earth will be able to halt.
I say death to all Copyright Legislation for multimedia data.
|posted by (2009-11-16 18:39:00)|
|All I can say is....since when are the germans more open minded and democratic than us?????????|