Copyright Law Changes In India Could Gut Fair Use

from the that-can't-be-good dept

Well, here we go again. Reports are coming out of India about new draconian copyright law changes that were apparently decided on between the government and the recording industry with little to no input from everyone else the new laws would impact. Among the concerns? The new law would significantly strip fair use (fair dealing in India) rights, to the extent that they are effectively useless. This seems to happen over and over again in different countries. The recording industry and copyright maximalists of course will all claim that it's in an effort to "harmonize" the rules between countries, but harmonization is a codeword for a big game of leapfrog, whereby the industry pushes for more draconian laws in one country, and then demands that other countries need to "harmonize." Of course, somewhere along the way, they also convince one or more of those countries to make their "harmonized" law even more draconian than others, and suddenly everyone else has to "harmonize" again, leaving open the opportunity to ratchet the laws up even more.


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  1.  
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    MarksAngel (profile), Nov 30th, 2009 @ 7:52am

    Sheesh

     

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  2.  
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    Tor (profile), Nov 30th, 2009 @ 7:58am

    "Harmonization"

    It's a bit ironic that the Chinese government refers to censorship as "harmonization" (actions that restore "harmony"). I believe it was mentioned in this interesting presentation about internet censorship in developing countries.

     

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  3.  
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    Anubhav Chattoraj, Nov 30th, 2009 @ 7:59am

    Industry involvement?

    I wouldn't be so sure.... Kapil Sibal, the guy who's ministry is working out the amendments, was in the news earlier this year for revamping the school exam system to judge students, among other things, on their attitudes and stuff.

    Judging by the guy's track record, it seems much more likely that we're seeing one man's (misplaced) idealism run amok, not the long hand of the RIAA finally making inroads into India.

     

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  4.  
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    senshikaze (profile), Nov 30th, 2009 @ 8:02am

    David Thoreau may have been on to something

    Must the citizen ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience, then? I think that we should be men first, and subjects afterward. It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume is to do at any time what I think right.

    Adhering to an immoral law makes you immoral.

    Nothing to do with the subject, but a great quote anyway:

    I heartily accept the motto, "That government is best which governs least"; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe — "That government is best which governs not at all"; and when men are prepared for it, that will be the kind of government which they will have.

    Both come from Civil Disobedience.
    Highly recommend everyone read it.

     

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  5.  
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    Anonymous Coward, Nov 30th, 2009 @ 8:10am

    Re: Industry involvement?

    >>Judging by the guy's track record, it seems much more
    >>likely that we're seeing one man's (misplaced) idealism
    >>run amok, not the long hand of the RIAA finally making
    >>inroads into India.

    Exactly. US Law is US Law because disputes in the Law have gone through Due Process based on that sovereign country's law.

    Logically, and ethically, you don't pin someone in a corner and ask them to change their law because it's more convenient than it's own citizens challenging the law in court.

    But if they lack ethics, The "Old White Man Wilford Brimley" answer to their problem should apply to Fair Use across the globe. Keep trotting the same guys out and make sure they keep parroting the same talking points. After all in their mind, "It's the right thing to do and the tasty way to do it."

     

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  6.  
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    Mechwarrior, Nov 30th, 2009 @ 8:20am

    Everytime I see the word "harmonize" I can't stop thinking about the orgies from Brave New World. Thats not a good thing.

     

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  7.  
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    Hephaestus (profile), Nov 30th, 2009 @ 8:37am

    After Reading The Article ...

    I say this alot 1)take gun 2)aim at foot 3)pull trigger.

    This is yet another very short sighted move by the content companies. Just like ACTA, UK's digital economy bill, and the copyright changes in south Korea, this will back fire. The collection agencies will start by charging a minimal sum, then begin upping the fee's charged, then charging people for playing music to horses, then fining people for public use of ring tones.

    A short while ago Australian clubs began working together to build play lists of indie artists to circumvent the collection societies. This has yet to catch on in other parts of the world, but eventually it will.

    The unintended consequences for the music industry will be a boost to independant music, with more web broadcasters playing only indie music, more radio stations running second and third indie channels, more clubs playing indie music. This will lead to less money coming in for the collection agencies, and yet again higher fees, and even more draconian IP laws.

    This change to IP law, the game of wac-a-mole, the alienation of fans, the fines, three strikes, are all leading us down a very interesting road. A road that makes me smile because I see the future slowly happening outside the media industry.

    All we need now is that one disruptive business plan to change things ...... GRIN

     

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  8.  
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    Hephaestus (profile), Nov 30th, 2009 @ 8:39am

    Re:

    You just wanted to be the first poster didnt you? ... GRIN

     

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  9.  
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    senshikaze (profile), Nov 30th, 2009 @ 8:46am

    Re: After Reading The Article ...

    Business Plan: "Destroy the System"

    1)make music/art/etc
    2)give all of item 1 away for free
    3)???
    4)profit

    It is so brilliant it will have to work.

    (im not trying to snipe you, I agree with much you say. I just can't see a business plan that is acceptable to all sides: the creators, the consumers, and the people who will sooner or later weasel their way in between.
    I like jamendo alot for this reason. Jamendo is just a means to an end, and it doesn't hide the artist from me like a normal "label" would. Freedom to the creator and to the consumer.)

     

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  10.  
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    good, Nov 30th, 2009 @ 9:27am

    grins evilly

    about time someone curbed that indian influence on the world
    and im glad hollywood lobbied to gt rid of indian culture on the internet GO HOLLYWOOD ..USA, FRANCE, INdia
    all you need to do now is kill canada and europe and there will be no more culture left haha

     

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  11.  
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    WammerJammer (profile), Nov 30th, 2009 @ 9:30am

    Copyright Law Changes In India Could Gut Fair Use

    Once again they pass laws without a place to go to make sure you are legal.
    Can you go to ASCAP and rent the usage of one of it's titles? NO!!!
    Can you go to BMI and rent the usage of one of it's titles?
    NO WAY!!!
    Can you go to SESAC and rent the usage of one of it's titles?
    NO AGAIN!!
    How are you supposed to be legal if there is no simple way to pay for it?
    I went to the ASCAP web site and couldn't find a way to add yourself as a publisher or to pay fees on one of their published titles.
    So everyone in India will become criminals. Who gives a shit. Time to start paying for all the jobs they stole.

     

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  12.  
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    Anonymous Coward, Nov 30th, 2009 @ 9:43am

    Re:

    The orgies or the fact you are associating something horrible with drug induced awesome?

     

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  13.  
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    Lucretious, Nov 30th, 2009 @ 10:09am

    Don't Italian prosecutors have more important things to do like making sure that local politicians live long enough to actually run the country without dying in a car bombing?

     

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    Lucretious, Nov 30th, 2009 @ 10:10am

    Re:

    oops, wrong thread....

     

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  15.  
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    Mechwarrior, Nov 30th, 2009 @ 10:17am

    Re: Re:

    I think you're missing the point if you thought those parties "awesome".

     

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  16.  
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    Anonymous Coward, Nov 30th, 2009 @ 12:32pm

    India will do what India darn well pleases when it comes to its national laws, and since I do not live in India all I can muster concerning this article is a big "Yawn".

     

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  17.  
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    Anubhav Chattoraj, Nov 30th, 2009 @ 8:14pm

    Re: grins evilly

    Er.... India still lives, the law is still a long way from being passed.

     

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  18.  
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    Anubhav Chattoraj, Nov 30th, 2009 @ 8:21pm

    Re:

    All my mind csn muster concerning this comment is "So why the hell did he (she?) bother commenting if he had nothing to say?"

     

    reply to this | link to this | view in thread ]


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