Subpoena powers similar to those in the DMCA (Digital Millennium Copyright Act) and being (ab)used by the RIAA to obtain personal data on p2p users, could be soon obtained in Europe if the European Union's Intellectual Property Enforcement Directive is enforced, says a European coalition.

"One can think of the EU IP Enforcement Directive as the DMCA on steroids' since any industrial property right that can be licensed will be enforced through technical devices that it will be absolutely illegal to circumvent throughout Europe," says Robin D. Gross, executive director of IP Justice and an intellectual property attorney.

His organization is one of 38 civil liberties and consumer rights groups which are against the implementation of the directive.

The proposal would, "harmonise national laws on the means of enforcing intellectual property rights and to establish a general framework for the exchange of information between the responsible national authorities," says the EU. To achieve this, it would require EU member states to criminalize all violations of any intellectual property right that can be tied to any commercial purpose, with penalties to include imprisonment.

But, "If this proposal becomes a reality, major companies from abroad can use 'intellectual property' regulations to gain control over the lives of ordinary European citizens and threaten digital freedoms", says Andy Müller-Maguhn, a board member of European Digital Rights and speaker for the famous Chaos Computer Club.

"Under this proposal, a person's individual liberty to use his own property is replaced with a limited license that can be revoked or its terms changed at any time and for any reason," he says.

In a letter to EU members, the group said it's particularly concerned over Article 9 of the proposal, which gives intellectual property holders broad new subpoena powers to obtain personal information about any European citizen alleged to be connected to an infringement.

The international coalition also urged rejection of Article 21 of the proposal, which requires member states to ban technology that's able of bypass technical restrictions imposed by intellectual property holders.

"This provision threatens market competition by permitting foreign IP owners to restrict parallel imports and impose price discrimination within the EU," says the letter. "Article 21 would also forbid Europeans from deactivating or removing technical devices such as Radio Frequency ID (RFID) tags that are embedded into clothing and other consumer goods to prevent counterfeiting but can also be used to track people.

"Forbiding tools that are required for the exercise of legally protected rights, like private use, preservation of works by libraries, and reverse engineering, means giving a complete monopoly to right-holders on the basic infrastructure needed to communicate in the digital world," said João Miguel Neves, vp of the Portuguese National Association for Free Software (ANSOL).

directive? More like a plan to SUE THOUSANDS, doesn't like a directive. I would handle things differently

directive? More like a plan to SUE THOUSANDS, doesn't sound like a directive. I would handle things differently

I can't take this BS anymore! Leave people alone!

Tip of the hat,
Captain C

No matter what color your skin is, no matter what language you speak, no matter what your occupation or profession is, no matter what your country of origin is, we ALL have a vested interest in freedom. It is clear that the DMCA is the tip of this global iceberg, which has, as its intent, the chilling of opposition to it, and the absolute freezing of our rights. The DMCA was an adaptation of the WIPO's copyright guidelines.

These measures are metastasizing like a cancer across the world. And like cancer, that seeks to either transform a cell into one of its own or kill it, these movements have a "yield or die" nature to them.

What MUST happen, is that an international coalition must be formed to fight this creeping evil. This is not some sort of ad hoc, bumbling set of rules that just make life a bit harder, but clearly, is a unified and carefully planned attack on not only OUR freedoms in the USA, but freedoms worldwide. As the internet has made the world a global community, it has also enabled not only viruses, but government regulated evil to spread along the same travel lines as the electons which go from site to site.

I certainly don't have all the answers, nor even all the questions, but you don't have to be a chicken to know when an egg is rotten, and this egg is rotten!

An international response to an international threat to freedom is mandated at this point!

~code

When the Nazi party took contol of Germany in the 1930's they had a book burning party REMEMBER?. This would be 100 times worse......the Europeans better think hard on this one!!!!! History will repeat itself!

CODE!! Welcome back, man!! As usual, you are on point! I think that if each coalition of groups of people band together, this political madness can change. At least I would like to hope so. I don't know..looking at the political mess in California, where a lot of people are very angry, and running around, screaming, uninformed, and without direction...I don't see much progress going on unless we do our homework. It could be as easy as reading and discussion in several sites, including this one...but, really, how many people are willing to invest the time and interest? The reason money speaks so loudly is that it is the cheap and lazy way out, if you follow my drift. Money replaces time, really, if there is noone to counteract it's purpose. It will spread, as you say, like an infection, and drown out freedom if we do not immunize the people with the will to work for their rights.

We can't settle on an international criminal court or anything, but we sure as hell can shove intellectual property laws down everyone's throat.

Ah what money can buy.

The old system is breaking down. People's consciousness has to change. The old way doesn't work any more. Adapt or die out.

If this mockery of democracy will come to pass, mockery because I'm certain the vast majority would be against it if they knew,
the traitorous bastards that supported it, and made it pass will have alot of explaining to do.
They would be traitors because they are supposed to represent US, and OUR interests.


isp-privacy:
The only thing we should need to think hard about would be how to deal with any such traitors.
*Sigh*.. If that were only so...


[I was a bit pissed when I wrote this.]

I think it's clear that there is already a world government in place. And it's being run but the RIAA. They are also revisiting the same mistakes other dictators have. I can only hope for their downfall soon.

SAd thing is in all these laws such as the one where you can be fined go to jail and have your voting revoked. REVOKED for downloading a song???????

Are they on drugs or what. You can murder someone and not see as stiff a penalty. If I remember right about the only way you can have your right to vote taken away is for treason which also could cost you your life WHICH by the way in the last few people to be convicted of this only got prison.

Are our elected officals getting thier priories screwed up or what? Again I've seen cases where a person was charged with vehicular homicide and didn't even see jail time and in a few cases not even get a fine yet download a song and they fine you 150,000 dollars and if the new bill passes you'd see jail time AND your voting rights taken away.

What drugs are these people on and why aren't they sharing? GET FRICKEN REAL you peice of shit legislators or GET OUT!! I'm sick of this special interest bullshit!!!!

No one gets into politics anymore to help anyone but themselves. I'm not a bible thumper or anything but all I can say to them is "live it up guys 'cause when ya stand before God your gonna pay" hope its worth it for the short time we're here.

Slydder ,

Your right about this (Berman , Conyers) bill being one of the most ridiculous (and scary !) bills ever .
Making felons out of music sharers has (in my opinion) an even more sinister side . By making us all felons we lose alot of our civil liberties (and rights) . We can no longer vote . So then our opinions become meaningless . As an added plus to these pin-heads (oops , I mean politicians ) we become a non-threat to them as we cannot vote them out of office.
The RIAA has been very good to these jokers , not only giving them wads of cash (AHEM , contributions) , but also long careers .

ALSO , glad to see you're back CODE !

btw , SHMOO , I've been trying to get to your website again ( it ROCKS !! ) , but since my MICROSCREWS machine crashed I lost the url. If you read this would you please post it again ? Thanx in advance .

Jazzmary , if I sounded "preachy" in an earlier post ( What the HELL is going on here ?) I didn't mean anything bad by it . I just want to see this work . I apologise if anyone (especially SHMOO ) was offended . It seems I was the one having a bad day .
WABBITMAN

iH8IPED

Well, there goes plan "B" of moving to England if crap goes down in the states. Looks like I'll have to move to southeast Asia where I'll be considered rich and they won't give a damn about copyright laws.

So just export and reverse engineer it somewhere else then bring back the new and improved version as your own idea.

Wabbitman, just go to iuma.com and search for Electric Gypsy for our music.
BTW, we are getting ready to put out a
"promotional" album called Under The Covers.

http://electricgypsy.iuma.com

Support Local and Independent Music!

END bullshit laws like this one and the DMCA, Copyright Extension Act, etc.

I am never offended by what people say
to me. I am offended by the RIAA!

Shmoo, of Electric Gypsy

Code, we've talked about this before: it's all part of the plan, it's just much clearer now.

Everybody just needs to walk away from the RIAA music now.

Don't buy it, don't download it, don't share it.

Anything you do with their music gives them support, whether you like it or not. If you download it, it gives their music value, because it's something you want. Just leave it be.

Let it rot.

Wasn't there some speculation and maybe scriptural referral that the Anti-christ would come from Europe? This is way beyond p2p or anything like that. Tracking devices in clothing?!? Give me a fucking break! I'll go naked and live in the trees like some kind of savage til the kings of the town send their trained apes out to try and capture me or kill me! I hope Jesus keeps his word and comes back soon. This shit is way out of control!!!

This is completely worthless. Our freedom has gone absolutely downhill since 9/11. Our government in everyway has been entirely worthless.

In all fairness, citizens always feel as if their rights are being infringed upon during times of war. It's how reality works.

But no Patriot Act & Domestic Security Act came out of anything previous. These movements, such as ACCOPS and the DMCA by our government are a filthy attempt at absolute control. First the DMCA slips by, there's apparently no problem with it being abused. And with ACCOPS there will be no reason to have to abuse the DMCA to limit the freedoms of Americans.

If you want to test the true character of a man (or government) give him power.

With the digital age, information is abound. In every corner is more information. Everywhere you look there is either a golden opportunity to make money or gain control.

Surfing habits. Buying habits. If you swipe your card at a gas station, they can know if they want. Buying flowers with a check card, or what you type into a search engine. Any non-cash purchases on and offline can be traced to the individual who made them. Cookies and spyware provide detailed surfing (and more) habits of damn near every single person with a PC. If you don't have PC, you probably still have a credit card or a checkbook. And don't forget what the government already knows about you.. after all, you do pay them your taxes. They have your social security number and anything else. And if you've ever used an ATM, they have a picture of your face to match a profile of your finances.

The DMCA is truely only the tip of the iceberg as far as our rights are concerned. I mentioned earlier "Total Information Awareness." Our own government's attempt to organize and categorize every last bit of digital information there is on American citizens. When it's done, they can click your name and see a horribly frighting detailed account of every single move you make. Because almost everything we do is digital now in some way. And thanks to ATM's, a picture of your face will be right next to it all. (Side note: Smart Card credit cards? STAY AWAY! STAY THE FUCK AWAY).

And with facial recognition cameras it only gets worse. With the government already doing something I thought would be unimaginable, why can they not weed out those who evade their absolute control plan, and use the cameras to simply ID a person who opts to pay in cash? All it takes is a wire to the store's network and it'll do the data matching. I only think of this because I don't have a credit card or check card. And I've never used an ATM. I try quite hard to cloak myself in digital secrecy. The cameras can recognize you for whatever purpose they want it to. That was just one idea.

I refuse to be called paranoid. Paranoid implies worry and/or fear. And I'm pissed.

My government isn't american.
I'd rather see 5 more towers fall than see the lives of 3,000 dead exploited in an attempt at all out control of everything. The DMCA is just an extention of this ideal.

The French hate us. World opinion has been quite against us. We defied the UN and now we own a new country. Did anybody here know that our American oil companies are now in Iraq, and have become immune (i missed the details) to lawsuits citizens (i.e. - a spill kills a million animals and 1,000 people.. they can't be sued). America's defiance and it's own oil companies which can't be held liable in the court of law.

Of course neither can anyone detained under the Patriot Act... because it just bypasses that "due process" crap.

Anyone who says this is "the beginning of us losing our rights" hasn't been paying attention.

"Our" government also has a goal of collecting DNA samples of every citizen. And it's not in case we get sick. All this crap about intellectual property. What about my own fucking DNA? Keep your hands off of my f'ing DNA. If I can be jailed under ACCOPS for downloading fucking Britney Spears, then what happens to the government that steals the blueprint of who I am? If they clone a pop-star out of me....

Ok, that got off topic.

The constitution was protected by checks and balances. Those have been eliminated by the Patriot Act in some cases. In other cases abuse is permitted if the end result is control of what the people see and hear (RIAA). The government has a plan to know everything about everyone and it's happening behind our backs. And we now have our first corporations immune to civil lawsuits.

RhythmMethod - the antichrist is george bush.

Thanx again , Shmoo , for the url.
Looks like I'll be sending some money your way.
WABBITMAN

Sherm, the French hate everybody, so that isn't too much of a problem for me.

For that matter, they hate themselves, too. Look at existentialism.

LOL

I know the french hate everybody. But it was a good example of someone who hates us. My point was that we aren't the only ones getting upset over the US governments recent lashing out around the planet in an attempt to control as much as possible. The DMCA and ACCOPS are just extensions of that. It's not like it's the RIAA doing all of this. They are passing the laws. And they are allowing the RIAA to abuse the DMCA thousands of times consecutively.

So, when do you plan to revolt?