The "War On Sharing" In The EU
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Transcript: English(auto-generated)
00:14
Hi, everyone. Thank you for being here. I'm Jeremy Zimmerman. I'm the co-founder and
00:20
spokesperson of La Croix D'Rachere du Net. We're a citizen organization defending fundamental freedoms online. You may know about our work. We are building a kind of citizen toolbox to help everyone understand what is going on when our freedoms online are attacked and tools to help everybody participate in the debate. We've been mostly
00:42
busy in the last three years kicking Acta's ass. You may have heard of it. But the job is not done yet. And this is partly what I'm going to tell you tonight. I come here with kind of a bad news, then kind of a good news, and a little bit of a plan. The bad news is that
01:07
there's a war going on. You may be aware of that. This war is the war against sharing. Those copyright industries have been waging it for the last 15 years. They've been trying to
01:21
push all the repressive measures you've heard about from the DMCA in the U.S. to the EUCD and the IPRED in the EU and various national transposition of all of this. It's a strategy from suing the individuals to trying to automatize the suing, corrupting
01:43
governments to install some administrative authorities that would bypass the judicial, like the French case. Well, this is so over. This is so prehistory. The strategy right now is to push enforcement at the very heart of the network. How many among you have
02:04
read at least one version of ACTA, the final one? That's much more than the average, I may say. So for those of you who read it and actually for the others who didn't, you may be
02:20
more or less familiar with this principle that ACTA pushes for a corporation. When I'm using the air quote, it means I'm, well, quoting bits of it. It's pushing for cooperative efforts between the ISPs, the service providers, the YouTubes, the emotions, the Facebooks of this world, but as well the access providers, the Vodafone, the Orange,
02:46
Deutsche Telekom and so on and so on. A collaboration between those ISPs on one hand and the copyright industry on the other hand. The point of that collaboration is to impose measures or remedies to deter further infringement. So it sounds quite
03:02
harmless when you look at it, but when you think about it with a technical mind, measures to deter further infringement can only amount in technical terms to automated blocking of content, blocking of access to content, filtering of communication and
03:24
discrimination between those communications or automated removal of content. All of which you would recognize amount to the very equivalent with the kind of censorship that is being done for political purposes in some not so friendly and not so democratic
03:41
countries. The bad news is that by pushing enforcement at the very heart of the network, we may be about to make a step that will be impossible to go backwards. By programming machines at the heart of the network to decide what has to go through and what
04:04
cannot go through, we will pave the way to the generalization of the deployment of the very same machines that are used on one hand by the dictators to censor content and spy on their populations and on the other hand on telecoms operators to restrict their users
04:23
communications in the name of creating new business models by hurting net neutrality. Once we've done that for copyright, there's no way we go backwards. So the bad news is that this war against sharing is taking a turn as of today that may be very much decisive for the
04:44
future of the internet as we know it. What is at stake here is the very architecture of a free, open, decentralized and universal internet. The internet we love and care about is what it is because of this architecture. Architecture matters and
05:06
the very characteristics of this architecture is that the internet we love and share is decentralized. It is universal. This universality means that everyone accessing a free internet has access to the very same content, service, and applications but also has the
05:23
ability to publish some. You know that this is how you invent stuff. This is how you experiment. This is how you deploy something. This is how you create startups. This is how you invent. This is how you remix. This is how you mash up. This is how we share.
05:40
It is because of the very universality of this architecture that we call the internet that we're about to maybe change our societies, that we're about maybe to change ourselves and become better persons if it remains that way. Well, by its
06:03
universality, a free internet is what economists would call a common good. It is universal, therefore we all share it. We all own it. It would be a mistake to acknowledge that the people running the wires are the people who run the internet, who own
06:21
the internet, sorry, that the people who run the routers are the people who own the internet, that the people who manufacture those terminals that enslave you into proprietary software, hell, and close chips are the ones who own the internet. No, the internet as the aggregate of our intelligences is a common good. We all own it. We all
06:43
have our share in it, even if we're using Facebook or whatever other centralized bullshit there is out there. And as a common good, we commonly own it, which means that we have a responsibility over it. We have a responsibility to deliver to the next
07:01
generations the very same tool we had between our hands to become better persons and to change our society. This is one of the greatest responsibilities we've had. This is probably one of the most important challenges our generations have to face. And you know probably as well as I do that if we do not manage to maintain this
07:24
universal architecture as it is, all the other global issues that are at stake, whether they're environment, finance, energy, or whatever, will be so much more difficult to solve in a way that would represent us, that would represent the international interests. But you probably all know that already because you're here in
07:44
Republica, right? So that was the sad news. The good news is that there is something we can do about it, and that we have evidence of that. You've all witnessed the SOPA and PIPA fight in the US. Some of all may actually believe that
08:04
this was a fight in the US, but most of us know that it wasn't. It's not the US citizens alone who kicked SOPA and PIPA out of the Senate and the Congress. It's the whole internet. It is us. It is every one of us. I mean we turned a website,
08:24
we blacked out a website for SOPA and PIPA because we thought it was mostly the same thing as ACTA, but I guess that many of you did the same. Many of you blogged about SOPA and PIPA in your own language, retweeted, retweeted. We were all part of it. The internet, the universal and free internet, kicked
08:45
SOPA and PIPA's ass, and that's something. And that's evidence for everyone who will tell you, oh, there's nothing we can do about that. It's over. We cannot fight it. And so, no, it's wrong. And look at ACTA. Who here didn't,
09:03
never heard about ACTA? Who have never heard about ACTA? Nobody. Nobody. One year ago, the answer would have been the total opposite. We've been working, and when I say we, it's not only La Croix La Chordunette. Many people around here, once again, all of us, we worked for that. The whole internet went on fire when the
09:25
European executive, with all its arrogance, signed this thing a very few days after the seizure of mega upload by the FBI. The whole internet turned on fire. It's not only the EU. And once again, we achieved
09:40
something incredible. We literally turned the European Parliament over. Well, we may be about to do so. And that's one of the, maybe the sad part in the good news is that we may be about to win about ACTA in the European Parliament, but it's not won yet. And if at one single stage, we lower our guard,
10:06
then we may lose it. So let's not be overconfident about it. But right now, as of today, in the European Parliament, you can feel the delicate smell, the delicate sense of victory in the air.
10:20
Because so many more people understand the importance of ACTA, the importance of these issues for the future of our societies, for the future of the free internet, and for the future of copyright. So we achieved something tremendous, and we have to confirm that. We have to win this ACTA battle
10:42
in the European Parliament, period. And we know how to do this. We don't have to do this because we've been doing that for some times. We have to be there at each and every step, all the boring steps in the procedure of the European Parliament. And we may have an occasion to talk about it in the Q&A or later with some drinks.
11:04
Five committees working on a report, the report being presented in plenary, a yes or no vote. The vote will be around the summer. You'll hear about it again soon. We have to be present and active and not lower our guard at each and every step. And we must win this ACTA battle in the European Parliament.
11:26
But even more importantly than that, we have to keep the eyes on the prize. If ACTA is just pushed away and nobody cares, well, this may not happen, then an ACTA 2 will come back. An ACTA 2 may start being negotiated
11:47
the day ACTA is kicked in the European Parliament. And an ACTA 3 and an ACTA 4 and an ACTA 12 may come one after another as they stacked up for the last 15 years. With the tremendous momentum we are achieving at the moment, we have a responsibility
12:05
to do something more about it. I think that it is time that we literally put an end to this absurd and dangerous war against sharing. They are feeding us with lies. They are feeding the elected representatives with lies.
12:23
They are telling that whenever one of these industries loses some money, it is because of the culture enthusiasts who share digital files between them with no intent of profit. And we all know this is wrong. I mean, the French Adobe, the three strikes authority, demonstrated in its own study
12:45
that people who do the more file sharing are people who spend the more for culture. So many independent academic studies prove the same. All of us here do file sharing maybe since Napster existed. And all of us know that the more you get access to culture, the more cultivated you get,
13:07
the more culture matters to you. The more you will go to concert, to theater, to movies, the more you will buy books. It's exactly the same thing as the people going in the libraries borrowing the more books in the libraries, being the people who buy the more books.
13:23
We all know that, right? Well, then we must turn that into public policy. So those industries stop attacking the very essence, the very fabric, the very architecture of what makes our free internet so great. And there is a very simple solution for that.
13:42
It's called the limitations and exceptions to copyright. It's called fair use. This is the bit of the law where the author doesn't have his or her word. This is part of copyright. These are parts that are excluded from copyright. These are parts that are of general interest. When you want to show a movie to a classroom,
14:07
you do not have to ask for permission because education is of higher social value than copyright. When you lend a book to a friend, you don't ask for permission because lending and friends and sharing is more important than copyright
14:25
and it couldn't be enforced anyway. When you create a parody of the work, you don't have to ask for permission. You just do it because a parody is essential for freedom of speech, which is essential for democratic participation that is indeed more important than copyright.
14:42
Well, sharing of culture is just the same and we have to shout it loud and clear. We have to make evidence and we have to stand for it. We have to turn the sharing of files between individuals and not-for-profits
15:00
into an exception to copyright and then we will ultimately shut the mouth of those industries. These will go counter to our fundamental freedoms online and counter to the most precious tool we have between our hands for improving the world we live in. So that's the plan. And now you ask me, how do we get there?
15:25
You ask me. Ah, thank you. The answer is partly I don't know and partly I got a bit of a clue. There is this 2001 slash 29 directive in the EU that was supposed to harmonize copyright
15:44
but didn't harmonize anything. It is a failure on all regard and the two studies that landed on the Commission's desk said the same. So as the French Commissioner Michel Barnier is announcing that he will maybe and it will get more complicated if we kick actors out, revise this IPRED, the enforcement directive.
16:07
We must be louder than him in asking that the EUCD, the 2001 slash 29 be reopened and that exceptions be renegotiated and that all rights as the public and that all right to share culture be integrated and made into the EU law.
16:24
I have the impression that this is something we can achieve. And how do we do that? Well, first of all we look at what we did. We look at what we did with SOPA, PIPA and ACTA and we ask ourselves how to do it better.
16:41
What we did was to use every single node of the decentralized internet for what it was or for what we hadn't think it was. It's to use every single word we had in our minds to make it loud and clear that those things had to be kicked out.
17:00
It's to use every single pixel that we found available online and turn it into something else that was conveying a message. It's to go and talk to every possible community from the development people for access to medication in Africa to the AIDS patients and gay rights people
17:21
to the farmers sharing seeds to some artists to the standard human rights organizations to journalists to outreach everywhere and we have to convey this message. This is our responsibility to care about this free internet
17:40
and to protect it from those interests that want to turn it into some television We have to do it because we understand what it is about. We have to do it because as we understand what it is about and as this is a common good that we own and share collectively
18:02
and as this is a battle that we have an occasion to win well, we just cannot afford to lose that one. I thank you very much. And this is where I hope there will be comments, trolls and questions.
18:30
I see a hand here. Oh, maybe it's simpler if you come in line in the middle. Hi Jeremy. Oh, that's too loud. I've seen you giving these talks like 2009, 10, 11 and now
18:44
and you always pretend we all can do something but actually all it took was Wikipedia going down for a day. So I think it's not about all of us, it's about the big players. I'm sorry, I have to disagree with that. I know a bit how it is to deal with the people from the Wikimedia Foundation.
19:06
There are very heavy structures now, they have a lot of inertia, they're consensus based and it's very difficult to make them take positions and move. If Wikipedia moved, it's because so many others moved before. It's like the dominoes.
19:21
And it's literally a domino effect going in each and every possible direction. I heard this story, I don't know if I can say that publicly, of some venture capitalists investing in many startups in the Silicon Valley that got convinced himself and made phone calls to the people he was funding saying, come on, this is your shit.
19:43
This is your business that is at stake. Do something about it and participate in this. So we cannot imagine the range of organizations and individuals who participated into that. From the ones we know very well, the EFF, the public knowledge,
20:01
the coalition for the future that just emerged out of this, to the ones we don't know, to all the individuals who took their guitars and played the day the lolcats died videos and things like that. That's the sum of all of this. Seriously, one and something million phone calls to the Senate? You think it would be only Wikipedia?
20:27
Hey, this is me again. Thank you for this great presentation. I want to talk a little bit about something different. What you're mentioning is actually a conflict in culture. I see it as a conflict in culture.
20:42
We have this conflict going on that the Internet is seen as a commercial tool by most of the people who make the decisions who are put in place by us. For us, it's actually culture. One thing I see really necessary is that we try to give explicit declaration of this culture
21:05
and try to persuade and push our utopias of what the Internet is and what it is all about into public consciousness.
21:21
So it's not only about killing ACTA right now. Of course, it's the first thing we have to do. But later on, I think we should all think about how can we dissipate this idea of culture we have. How can we dissipate this idea of culture as broad and as wide as possible?
21:41
Your Internet is showing. Well, yeah, I fully agree with that. And I think that there is no better way of achieving this than by using the Internet for what it is. I mean, the Internet is not Facebook. It's not Google. It's not Apple, right? The Internet is these thousands of blogs.
22:03
It's those thousands of IRC channels. It's those thousands of memes and images, whichever medium is conveying them, that are going dozens of times around the world. All this we create when we work towards a common objective such as killing SOPA, PIPA and ACTA
22:21
is really teaching the world about the Internet and about what the Internet is about. And I agree with you. And I hope I made it clear enough. Kicking ACTA's ass in the European Parliament is a crucial victory because it will be of global scale.
22:42
Because beyond the question of copyright, kicking ACTA would avoid that we create an ACTA precedent when some governments could just gather around the table and decide that those international institutions do not really go the way they would like them to go, or that those parliaments are too complicated to deal with and just decide repressive policies together.
23:05
So it is also important for that that we kick ACTA. But in the end, the objective is to change society as a whole, that people who just use Facebook because they don't know what the Internet is about come to realize that Facebook is the modern equivalent of a TV that just collects all your life,
23:25
that when Orwell wrote about Big Brother, he didn't invent something going as far into a privacy as Facebook. Everyone has to understand that. But I want to tell you this anecdote. It's that on a previous copyright fight we had in France, the Datsilou, the EUCD Transposition,
23:45
in 2005 and 2006, the rapporteur was a guy called Christian Van Est who was on the right of the right of the right-wing party, who was really, well, he was the first to be acknowledged guilty of the new homophobia,
24:04
not crime but misdemeanor or whatever is under crime in France. He's really a nasty guy. And I would never think I would hear something like that from this guy. When the Adobe debate began some years ago, he said publicly, well, you know, when I was working on the Datsilou, I understood that something was happening,
24:23
and I understood that from the creative chaos. I knew that something was happening. This guy was the most conservative, almost fascist people ever, and he was praising chaos as something that made him understand the real cultural diversity,
24:42
the real social diversity, what the Internet was really about. So I think that it is when we fight for it that we really demonstrate what the Internet is all about. And if there are people around here from the Arab countries who recently approached, I think they won't deny that.
25:06
Some more questions? There must be. What? No time for more questions. Please, just one. Okay. So no more questions. Let's finish the discussion around drinks. Thank you very much.