Linked by Thom Holwerda on Sat 5th Feb 2011 00:14 UTC
Multimedia, AV Piracy hurts the content industry. This has been the common line of thought in the piracy and copyright debate for years now, and even though study after study highlight that this is simply not the case - or at least, not as clear-cut a case - the content industry and its avid fans continue to spread this party line. Well, yet another study, this time from the Japanese government, has concluded that piracy actually increases anime DVD sales.
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daveak
Member since:
2008-12-29

Oh stop with this complete bullshit that piracy is legal. The Netherlands and all other European countries are signatories of the Berne convention therefore copyright laws apply. More so the Netherlands is a member of the EU so the EU copyright directive will apply although maybe you haven't implemented it quite just yet).

If there is a piece of legislation in your country that overrides international treaty then please identify it along with the section that states you are allowed to breach copyright law. There may be exemptions that state you are allowed to copy material you own for your own use but there will not be anything that states you can take anything you like legally.

Reply Parent Score: 0

Thom_Holwerda Member since:
2005-06-29

If there is a piece of legislation in your country that overrides international treaty then please identify it along with the section that states you are allowed to breach copyright law. There may be exemptions that state you are allowed to copy material you own for your own use but there will not be anything that states you can take anything you like legally.


There is, reiterated in various high-profile court cases and by several ministers of Justice. Our laws on the 'thuiskopie' (personal copy, paragraph 1, article 16b copyright law 1912) do not state the copy itself has to come from a legal source. As such, the consequence is that even if the source is illegal, you are allowed to download it. This is not just my interpretation - it has consistently been confirmed like this by courts of law and our minister of Justice.

There has been talk of changing this, but there is simply no majority for it in parliament. As our Justice minister explained several times, making downloading illegal would serve no purpose, since it would only criminalise the entire population with no way to actually do anything about it. The key concept is that you need to actually profit off breaking copyright law before it makes sense to prosecute.

In addition, there's a levy on empty media.

This construction allows law enforcement to go after professional pirates, without clogging up the legal system as is happening in the US.

http://www.iusmentis.com/auteursrecht/nl/thuiskopie/

This is the way many European countries approach copyright enforcement, and it's a good interim solution until copyright law is finally rewritten from the ground-up for the digital age.

I'm sorry if this annoys you, but it's established fact. Remember that we do not have common law, and as such, judges do not have any influence on lawmaking like judges on the US do. As such, it is impossible for this to change without amendments being made to our copyright law - which is unlikely to happen since even several music industry groups are vehemently opposed to it. These music industry groups argue that art is supposed to be heard and seen, and making downloading illegal will hinder this.

http://tweakers.net/nieuws/70953/artiestenbonden-en-consumentenbond...

Reply Parent Score: 2

daveak Member since:
2008-12-29

Finally a cited source for the constant claims, although how this covers the "many European countries" part I'm not sure so I will still remain annoyed at that part. Thank you. It is however possibly only just the case in the UK as our EU directive implementation only just came into force but I would have to check if it is as lenient as your laws. I suspect it is closer to what I have found for France. I've not found a canonical source yet but to quote from a passed amendment on their EU directive implementation:

"The author cannot forbid the reproductions made on any medium from an on-line communication service by a natural person for his personal use with no direct or indirect commercial purposes, except for the copies of a software other than a backup copy, provided the reproductions make the object of a royalty as stated by article L. 311-4 ."

My interpretation of this is a backup copy of software is allowed, other copies are not. Which if this went through would imply it would still be illegal in France for software subject to whatever article L. 311-4 says of course.

I believe, but can't find the source sorry, that a European court judge has stated that publication of material occurs in the country the server is located. As such you are breaking the law in that country so the piracy isn't 100% legal there just isn't much that can be done about it.

Not sure if your "we" in do not have common law is just the Netherlands or Europe wide but the UK has common law, and also from a little bit of reading case law, i.e. decisions made by judges affecting future outcomes does happen in the Netherlands so they do have an influence based off their interpretation.

Now in order to save face a little I will argue semantics. You say piracy is legal. If it isn't copyright infringement to download a personal copy then there is no piracy taking place in your country, this means that Piracy is illegal, just that you are not commit it ;)

Reply Parent Score: 1