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The "War On Sharing" In The EU

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Title The "War On Sharing" In The EU
Title of Series re:publica 2012
Part Number 43
Number of Parts 72
Author Zimmermann, Jérémie
License CC Attribution - ShareAlike 3.0 Germany:
You are free to use, adapt and copy, distribute and transmit the work or content in adapted or unchanged form for any legal purpose as long as the work is attributed to the author in the manner specified by the author or licensor and the work or content is shared also in adapted form only under the conditions of this license.
DOI 10.5446/21403
Publisher re:publica
Release Date 2012
Language English

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Subject Area Computer Science
Abstract Toolbox And Strategies For Winning The "War On Sharing" In The EU: Decentralized citizen movements helped raise massive awareness on legislative and political processes such as SOPA/PIPA in the US, or ACTA on a global scale. How can citizens face these multiple attacks against our freedom online by proposing an alternative to repressive policies? How can we collectively put an end to the "war on sharing" waged against entertainment industries' best clients, in order to foster a vivid digital culture online while protecting a free, open and neutral Internet, and the lulz?
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and it has the where high everyone thank you for being here and under man and the cofounder and spokesperson of flat whether children that's where citizen organization defending fundamental freedoms online you may know about a work we're building kind of cities into books to help everyone understand what is
going on when of freedoms online or attacked and tools to help everybody participate in the debate and we've been mostly easy in the last 3 years kicking act as as as you may have heard of it's about the job is not done yet and this
is partly what i'm going to to tell you tonight and I come there was a kind of a bad news and then kind of good news and a little bit of a plan the bad news is that there is a war going on you you may be aware of that this war is the war against sharing those
of copyright industries have been waiting for the last 15 years have been trying to push all the repressive measures you've heard about from the DMCA in the US the the the
UCD and the I'd trade in the EU and various national trends position of all this and you it's all clear to all of you have seen this strategy from suing the individual's trying to automatize the pursuing corrupting governments to install some of his administrative authorities that would have bypass the judicial like the French case and well this is so over this is so prehistory strategy right now is to push enforcement at the very heart of the network and how many among you of red at least 1 version of Act the final 1 that's worth much more than the average MSE and in
so followed those of you who read it and actually for the others who didn't but you may be more or less familiar with this principle that act pushes for a corporation when I'm using the air quality means I'm about coaching bits of it is pushing for cooperative efforts between the diocese service providers you choose emotions Facebook's of this world and that as well as the the access providers to devote phone your range you know which may come and so on and so on uh a collaboration between those
ideas these on 1 hand and the copyright industry on the other hand the point of that could collaboration is to impose measures remedies to further infringement so it sounds quite harmless when you look at it but when you think about it was a technical minds measures
to the further infringement can only amounts in technical terms to automated blocking of content blocking of access to content filtering of communication and discrimination between this communications automated removal of content all of which you would recognize the the amount of the very equivalent with the kind of censorship that is being done for political person purposes in some not so friendly and not of democratic down the bad news is that by pushing enforcement at the very heart of the network we may about To make a step that would be impossible to go backwards by programming machine is at the heart of the network to decide what has to go through and what cannot go through we will pave the way to the generalization of the deployment of the very same machines that are used on 1 hand by the dictators to sense of contents and spy on the population and on the other hand on telecoms operators to restrict the use of communications in the name of cream creating new business models by hurting net neutrality once
we've done that for copyright so 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 this is is for the future of the Internet as we know it what is at stake here is the very architecture of the 3 open decentralized and universal internet the internet we love and care about is what it is because of this architecture architecture matches and a very characteristic of this architecture is that the Internet will love and share these decentralized it is universal this university means that everyone accessing the free Internet has access to the
very same content service and application but
also as the ability to publish some you know that this is how you invent stuff this is how you experiments this is how you deploy something this is how you create stopped this is you invent this is you you remain this is how you mashup this is how we share it is because of the very universality of this architecture that we go the internet that we're about to make the change of society that we're about maybe to change ourselves and become a better person if if it remains that with well by universality a free Internet is what economists would call a common good it is universal therefore we all share It's we all it would be a mistake to acknowledge that the people running the wires and other people run the Internet or
on the internet so that the people run the Rooters other people on the Internet that the people who manufacture those terminals that this
lead you into preparatory software out and closed chips are the ones who on the internet not the internet as the aggregate of all intelligence is is a common good we all on we all have more sharing it even if we're using Facebook or whatever other centralized solution there is out there and as a common good we
commonly only which means that we have a responsibility over we have a responsibility to deliver to the next generation is the very same to what we had between our hands to become a better person and change of society this is 1 of the greatest responsibilities we've had this is probably 1 of the most important challenges for generations have to face and you know probably as well as I do that if we do not have managed to maintain this universal architecture as it is all of the other global issues that are at stake whether their environment finance energy or whatever it will be so much more difficult to solve in a way that would represent us that would represent the general interest but you probably all know that
already because you're hearing Republic right so that was a sad news the good news is that there is something we can
do about it and that we have added of that you've always known has the so finding fights in the US some of our may actually believe that this was a fight in the US but most of us know that it was not it's not the US citizens alone will take so blind people out of this innate and the the Congress it's the whole Internet it is thus it is everyone of us and then we turn the website would black out website for for supplying about because we thought it was mostly the same thing as actor but I I guess that many of a few did the same many of you I blogged
about supplanted by known languages tweeted retweeted you will you will are all part of the internet the universal and free internet OK so far and the best past and that's something and as
evidence for everyone will tell you I there's nothing we can do about that you know it's over we cannot fight it and so now it's wrong and not an actor who here didn't never heard about a guy who have never heard about nobody nobody 1
year ago that the answer would have been the total opposite we've been working and when I say we do not only that
well actually that many people around here once again all of us we would for that the whole Internet went on fire when the European executive with all its origins signed these things that very few days after the seizure of Megaupload by the the FBI the whole Internet turned on fire it's not only the you and once again we achieve something incredible we usually turn the European Parliament over well we may be about to do so and that 1 of the maybe the sad part in the good news is that we may be about to win about that and the European Parliament but it's not warm
yet and effect 1 single stage we Laura quality then we may lose it so let's not be over confident about it but right now as of today in the European Parliament you can feel the delegates smell the delicate sense of victory in the because so many more people
understand the importance of act the importance of these issues for the future of a societies for the future of a free Internet and for for the future of copyright so we achieve something tremendous and we have to confirm that we have to win this act battle 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 for sometimes we have to be there at each and every step on the boring steps in the procedure of the European Parliament
and we may have an occasion to talk about it in the queue and they later with some drinks 5 committees working on the report the report being presented in plenary a yes or no vote to vote will be around the summer you hear about it again so we
have to be present and active and not the world God at each and every step and we must win the sector but also in the European Parliament but
even more importantly than that we have to keep the eyes on the prize if if guys just pushed away and nobody cares well this may not happen then enacted will come back and you made in being stop being negotiated that they are placed keeping the European Parliament and the next that 3 in lack of
foreign aid played 12 may come 1 after another as they stacked up for the last 15 years with the tremendous momentum we're achieving at the moment we have a responsibility to do something more about it I think that it is time that we usually put an end to this absurd and dangerous war against sharing their feeding us was like there fitting the elected representatives with light they're telling that whenever 1 of these industries loses some money it is because of the culture enthusiasts who share digital files between them with no intent of profits and we all
know this is wrong I mean the French added the the 3 strikes authority demonstrated in its own study that people who do them file sharing of people who spend more of a culture so many independent academic studies from the same in all of us here
do file-sharing maybe since that Napster existed and all of us know that the moral you get access to culture that we calculated here you get the more culture matters to you the more you will go to concert to the iterative movies you the more you will buy books it's exactly the same thing as the people going in the library boring more books in the library is being the people who buy the more books 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 all free internet
so great and there is a very simple solution for that it's called the limitations and exceptions to copyright it's cool fair use this is the best of the law where the authors doesn't have his or her work this is part of copyright that that that he did
not want that are excluded from Gupta ideas of parts that are of general interest when you want to show
a movie to a classroom you do not have to ask for permission because education is of higher social value and copyright when you land a book to a friend you don't ask for permission because lending and friends and sharing is more important then copyright 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 apparently is essential for freedom of speech which is essential for democratic participation that is in the more important than copyright well sharing of culture is is just the same and we have to shout it loud and clear we have to make every now and then we have to stand for it we have to turn the sharing of 5 between individuals and not-for-profit into an exception to copyright and then we will ultimately shut the mouth of those industries will go counter to a fundamental freedoms online and
counter to the most precious through 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 yes thank you and
the answer is partly I don't know and of he got a bit of a true that there is this 2 7 1 slash 29 Dynamic the interview that was supposed to harmonize copyright but the denominator anything it is a failure on on already regarding the 2 studies that landed on the Commission's desk said the same so I the Commission of the French Commissioner Michel Barnier is announcing that he will maybe yeah and it will get more complicated if we keep the act as our revised if I press the enforcement director we must be louder
than him it asking that used to be the 2001 such 29 be reopened and that exceptions be renegotiated and that alright as the public and that all right to share culture be integrated and made into the EU law I have the impression that this is something we can achieve and how do we do that well 1st of all we look at what we did we look at what we did was so popular by an actor and we ask ourselves how to do it better than what we did was to use every single nodes of the decentralized Internet for what it was of or what it was and what for what we had and I think it was easy to use every single word we had norm minds to make it loud and clear that those things had to be kicked out is to use every single peak 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 the de développement people for access to medication in Africa up to the age by patients and gay rights people want to do to the people will the farmers sharing seems to to to some artists to the standard human rights organizations to John 2 of which are everywhere and we have to convey this message this is a responsibility
to care about this free Internet and to protect it from those interests that want to turn it into some television spiking neuron 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 shared collectively and as this is about so that we have an occasion to win well we just we just cannot afford to lose that
1 I thank you very much what the
right and this is where I hope there will be commenced falls and
questions I see a hand here 0 maybe it's
simple if you come on line in the middle i Jeremy no it's from some i've seen you giving the stores like 2009 10 11 and now and always pretend we all
can do something but actually all it took was some Wikipedia going down for a day from so I think it's not about all of us it's about the big players um I'm sorry I have to disagree with that and I know all of this how it is to to deal with the people
from the Wikimedia Foundation they're very heavy structures now they have a lot of you know the shell the consensus-based is very difficult to make them take positions and move if Wikimedia Wikipedia moved it because so many others moved before it's like the domain and it's mutually a domino effect going that each and every possible direction I heard the story of I don't know if I can say that the risk of some venture capitalists investing in many start ups in the Silicon Valley that got convince himself and make phone calls to the people was funding saying come on this is your this is your ship this is Europe your business that is at stake do something about it and participating in this so we we cannot imagine the range of organizations and individuals who participated in that from the ones we we know very
well that he the public knowledge that the coalition for the future that just emerge out of these to the ones we don't know what to all of the individuals who took their guitars and play this the datalog cats died videos and things like that that that's the sum of all of these seriously 1 and something million phone calls to this innate you think it would be on the Wikipedia they and this is medium thank you
distributors antigen I want to and talk a little bit of
us something different what you're mentioning is actually a conflict in culture I see it as a common
comforting culture we have this conflict and going on that the Internet is seen as a commercial tool by most of the people who make the decisions quorum put in place by us and and process actually culture so 1 thing I see really necessary is that we need try to give an explicit declaration of this culture and try to persuade and I push our utopias of what the Internet is and what it is all about into public consciousness and so it's not only about killing act right now of course it's the 1st thing we have to do but later on I think we should all think about how can we dissipate the committed this the idea of culture we have happened would dissipate this idea of culture has brought on as wide as possible your Internet is showing well yeah
I that I fully agree with that and I think that there is no better way of achieving this then by using the Internet for what it is I mean the internet is not feasible it's not Google is not April to right the Internet is these thousands of blogs is those thousands of piracy channels is those thousands of means in the majors whichever uh medium is conveying them that are going dozens of times around the world all of this we create when we work toward the common objectives such as so far by an act of is
really teaching the world about the Internet and about what the Internet is about and I agree with you
and uh I hope I made it clear enough kicking act as asking the European Parliament is is at a crucial victory because it will be of global or uh scale because beyond the question of copyrights digging backed up with um avoid that we create an act President when some governments could just gather around the table and they say that those international institutions of the not really go the way they would like them to go that those parliaments not too complicated to deal with and just decide repressive policies together so it is also important for that that we take act up but in the end the objective is to change society as a whole so that people
who just use Facebook because they don't know what the Internet is about to come to realize that Facebook is the modern equivalent of the key that just collects all your life that when all well will rolled about big brother and they didn't even something going as far into a privacy as a state you all everyone has to understand that but I want to tell you this anecdote is that on a previous copyright fight we had been friends that that the building you see the trans position in 2005 and 2006 the was diÆculty as with on the
right of the right of the right the wing party is really well but it was the 1st
to be acknowledged unity of the new homophobia I would uh not crime but a misdemeanor or whatever is under a crime in inference is really enough to guide and I would never think I would hear something like that from this guy when the of the debate began some years ago he said publicly well you know when I was working on the Death I understood that something was happening and I understood that from the roof created the creative chaos I knew that something was happening this day was the most constant but it will most precious uh people ever any was praising chaos as something that made him understand the real cultural diversity the real social diversity that to the 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 you've
got people around here from the Arab countries recently rose I think that data I won't deny that this means that the more questions must be but no
time for more questions of please just 1 the thing so no more questions let's finish the discussion around drinks thank you thank and in that much of the this is so so
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