Huge Push In Brazil To Legalize File Sharing

from the hurdles-remain dept

We've discussed some interesting things happening down in Brazil when it comes to copyright. First, we've looked a few times at how the super popular technobrega music industry has thrived by embracing giving away music and using that to build up fame and business models based on selling scarcities -- such as live shows. But, perhaps more interesting has been the ongoing proposals for new copyright laws in Brazil. For example, there was the decision to buck the trend in many places and not have a notice and takedown provision like the DMCA, but only have content get taken down with a court order -- a position that shows significantly more respect for free speech rights. Separately, one recently proposed draft amazingly included penalties for hindering fair use or the public domain.

It's almost as if folks in Brazil have actually noticed how poorly set up most of the rest of the world's copyright laws are.

Last month, Brazil allowed public comment submissions on copyright, and apparently at the last minute, a large group of artists groups and consumer rights groups put together a proposal to "end" the "war on copying" (found via IP Watch). Basically, the plan has a few parts, but the big one is the idea of legalizing non-commercial file sharing in exchange for a broadband levy of 3 Reais -- or about $1.74 US. That's certainly a hell of a lot cheaper than most proposals out there.

That said... while I appreciate getting rid of "the war on copying," I do think there are some serious problems with a proposal like this. Copyright levies tend to have serious unintended consequences. They create large bureaucracies, where money collection and distribution is not always done fairly. In fact, they often tend to favor bigger name artists over smaller artists, and just having the bureaucracy creates overhead that goes to the bureaucracy, rather than the artists. On top of that, it takes away incentive for consumers to support artists directly through other creative business models, because they feel that they "already paid," via the levy. So, as it stands, I don't think this is a great solution, but it's at least a hell of a lot better than copyright law most other places -- and it's great to see a focus on actually getting past the old "copy wars."


Reader Comments (rss)

(Flattened / Threaded)

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    NAMELESS ONE, Sep 3rd, 2010 @ 10:10am

    i worked on this proposal at facebook last year

    and anyhtng more then 50cents CAD means( 1.74 = 2$ CAD/month) about 15-20 billion dollars/year( HOWS that for a tax thats more then ten percent of the Canadian federal budget) world wide consider the number of net accounts
    at around 600 million thats 1.2 to 1.4 billion a month?

    NA thats too much
    cut it back to 50 cents

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 10:16am

    OH and look at the evil CRIA

    they go the right to collect Canada's cdr levy and htey shouldn't be why?
    CAUSE they haven't paid 300,000 artists in Canada and there is a 6 billion dollar lawsuit of which abut 80% of the collected levy money is part of.

    YOU want fair
    you put a council together that comprises of
    A) one meber of the labels
    B) one mmber of the distributors
    C) one ip lawyer
    d) one patent lawyer
    E) 5 people that are chosen or elected by your country's net users or normal electorate like mps.
    THESE mps cannot take donations, lobby money etc and cannot work in the field of any art for a period of ten years

    gives power to the people and allows a voice for all the industry to get heard
    terms could be 3-4 years and its a lot less bureaucracy then mike thinks

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 10:19am

    DONT want to pay the levy THATS ALSO OK

    then you get onto an account that is DPI'd and unable to encrypt, then they can verify your not doing it.

    you give that same panel above the right to look and those industry types the right to take appropriate action.

    also you might give bi monthly access to a privacy commissioner to make sure those industry types are gonna play fair with this data and/or come up wiht more v\novel ways to make sure non levied accounts are not able to download.

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 10:23am

    about the CRIA lawsuit

    oh add one more person members and one member for representation of artists

    salaries never to exceed 20,000 per year USD each

    and the elected people cant have or been associated to any in the industry

    THIS solves the copyright wars

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 11:26am

    and ill add

    If you think about an old record with the album cover art on it , and want it as a collectible yo dont go get the pirated copy

    You get a original. THIS is something Hollywood has been keen to destroy also on there trek through lawsuit land. get this in place and focus on people with money that want status of having the scare legit item. WHEN there is no threat they can copy for backing up so there original can collect dust and get value for resale one hundred years form now....then you get what i mean.

    It's like buying a Chinese cheap pair a jeans and Levis
    do you then goto a club and pick up the hot women or get the avg girl...

     

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    Jay (profile), Sep 3rd, 2010 @ 11:53am

    Don't forget...

    Bureacracies tend to fight to take a levy and increase it even more. Sure, it's only 1.74 right now, but 5 years from now, will it be the same or "increased due to inflation?"

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 12:55pm

    @7

    at facebook faircopyright the CRIA sent a jerk over who after three weeks and me solving every issue just started to sound like a uber idot

    thats when i stopped
    2 weeks later warner takes the idea and proclaims its great but wants a net levy of somehting like 10-20$ and htat wuold raise htat sinlge label 20 billion a year

    this is why we MUST MUST MUST not allow what controls such an entity of collecting this to be in there control.

    EXAMPLE OF CANADA
    a SINGLE CDR costs 1.00 or so
    a non levied costs 50 cents
    yet they claim its only a 26.7 cent levy?
    ALSO
    a non levied dvdr ( they dont fall under it oddly
    costs 50 cents
    so by cost people are breaking the law and either getting better quality OR 7 times as much data per disc.

    AND seriously in Canada a 50 cent levy would amount to about
    .50 times 24 million accounts
    144 million a month

    USA has 8 times our population net net accounts
    1billion a year

    UK has double Canada pop
    250 million in fact 600 million accounts times 50 cents = 300 mill a year or 3.6 billion a year....
    and should cover everything

    and its fairly simple to make a law requiring all p2p operations submit a verifiable list of what was downloaded ( without user ids for privacy )

    dont want to have stuff outside your levy being downloaded , add proxies and other country ips to ban lists

    dont want your stuff downloaded dont make it available to a human being......

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 1:03pm

    @10 THEN @9

    right about the time you stopped looking for a way to end the problem and just decide to go and want everything for free

    i believe there should be something for hard working authors actors and musicians. I DONT think 50 years is acceptable let alone ten....

    apply this style of business to any other industry and it will fail so fast its not funny. THEY want a levy i want lowered terms too, thats part of the deal.

    It is always even funnier when you show this thread to others and the people that whine are the ones other people think are the real idiots....HINT HINT

    IF you read what i wrote the goal of having elections of real people that are hte majority of looking after it say for hlaf term of the 4 years so a 2 year term, means that they are more likely to be sympathetic to a consumer.

    YOU CAN: have it so they dont own or operate any corporate entity or work for one. YOU can have control of the costs of running it ( and prey i tell me thinks this will be the way ) in regular govt mps hands and vote to increase anything would need to come there way. ALSO you can require that these elected mps NOT be associated to any of the offical parties or have been a seated mp for one. this allows them to vote for any party but they cant be part of the collective if they were a sitting mp for one.

    SO like when im in office you give me huge change to go then and run for the collective so im your buddy on it. prevents that nicely. AND if you get real at this you will get a real nice working collective. THAT is far more fair.

     

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      Dark Helmet (profile), Sep 3rd, 2010 @ 1:47pm

      Re: @10 THEN @9

      "IF you read what i wrote"

      I can't read what you wrote. I try....I really do. And I can read. And I see that you have written something. Yet usually about halfway through your first sentence, my eyeballs declare war on me for forcing them into this and try to stab me in the brain.

      Do you have any idea how much this hurts? To have your own eyeballs try to stab you in the brain. I tried to reason with them. "C'mon eyeballs," I usually say. "You're my second favorite pair of balls on my body. I don't mean you no harm, I just want to read this guy's comment".

      But do they listen? No. They just keep trying to stab my brain with oddly formed silia.

      So, sorry, I tried....

       

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      minijedimaster (profile), Sep 3rd, 2010 @ 2:33pm

      Re: @10 THEN @9

      Nameless One...

      Don't hold back, let us know how you really feel. It's not good to hold it all in all the time.

       

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    NAMELESS ONE, Sep 3rd, 2010 @ 1:08pm

    p.s. i have a old keyboard and the keys dont always get pushed

    makes it lovely to type on, and ya i'm buying a new one....

     

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    Anonymous Coward, Sep 3rd, 2010 @ 1:12pm

    Just so people know in Brazil, the government is considered to be on the level of rapists by the population and they all know that any tax/levy will end up financing luxurious vacations to the people in charge and be abused.

    Surprisingly many still believe in the democratic process to change the government, which may happen slowly, but I am for once in favor of a bottom up approach, were people take charge of their problems and start taking action to change things.

    In the U.S. that will be hard because is the bottom part that needs changing, culture changed somehow in America and now people believe in things like "zero tolerance", "punishment is better than education" etc, which is a shame.

    The healthcare bill was an example of brute force approach, where people are forced to do something instead of being wooed into it.

    I have been thinking a lot about catastrophes like the Katrina, why people get so weak? I saw the news of flood in England and the British seemed more capable of couping with adverse situations at least the old people there, that knew how to light a fire to keep the house warm, new how to get food and shelter while the younger generation suffered and that is the lesson, governments should be building robustness into society not trying to take care of everything but teaching people how to survive in case things go wrong all those projects from FEMA were shelved why? The best anti-catastrophe plan is to have a able population but no government seems to look at that.

    With able people, things can get hard but it will be easyly dealt with, this is a cultural thing, it shocked me to see people unable to find solutions to simple problems in time of need.

    But for that to happen sharing must be put were it belongs on the top of the list.

     

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    NAMELESS ONE, Sep 3rd, 2010 @ 2:54pm

    @17 @18

    funny cause a 5th grader kid of a tenant here read it all out load

    EVERY WORD and he could get meaning from it...
    OH ya not holdignback nohitng its just sooo agressive aren't the paragraphs and paragraphs of solvng issues and getting things dne and worked out rahter then sitting on your butts waitign for a 3 strikes law to slap u.

    both posters of that are shills
    HI SHILLS
    no grammar for you
    and i dont care what you think your lost causes. you whine and sit around and dont do nothing but waste electricity and bandwidth.

    ok smarty pants whats YOUR real world solutions.
    fact is you dont have one and are in fact jealous that god ol me has ideas that might come to work.

    funny how a hacker and pirate solves the problem for these lazy good for nothing leeches of society.

     

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      IronM@sk, Sep 3rd, 2010 @ 8:22pm

      Re: @17 @18

      No he's right, it does actually hurt attempting to read your drivel. Also there is a (reply to this) button under every post.

       

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    NAMELESS ONE, Sep 3rd, 2010 @ 2:56pm

    @17

    you should put your glasses on before reading and maybe look at the screen instead of downloading hurt locker

     

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    Josť Vitor, Sep 3rd, 2010 @ 5:10pm

    Never heard that

    I'm a Brazilian, always connected, and I never heard that....

     

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    Colonel Panik, Sep 4th, 2010 @ 10:02am

    Brazil To Legalize File Sharing

    @LeBazz I agree with whatever you said.

    We all know music downloading is the most important
    thing right now,or not.

    It seems that Brazil is doing things in new ways in almost every endeavor. It just may be that Brazil is the future?

     

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    Caveira, Sep 5th, 2010 @ 3:19am

    There are serious plp down here

    Hi all,
    There are bad politicians everywhere, that's not our (Brasil) exclusive product. Actually, there are lots of good plp working hard to address serious topics like copyright law.
    If our solution ain't the best, it is certainly at least 100 years ahead of DMCA. There are some USA bills I consider fine piece of political art, but DMCA was the greatest joke ever seen. Like every bill, it demonstrates the people's positions about something, and the DMCA translates to: yo, you big companies, please continue to suck more and more money from authors at the cost of our freedom, we're ok with that. Dude, if I where USA citizen, I'd fight this DMCA "to death".
    Many of the problems of a copiright law have roots on the disrupted focus of the law (from the people and the authors to favor the big labels), aggravated by wrong plp culture and lack of better moral education.

     

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    FreemonSandlewould, Sep 6th, 2010 @ 8:47pm

    Brasil always has these choke points in their economy taxed

    I highly dislike the idea of the broad band tax. I spend approximately 50% of my time in Brazil and have become very familiar with it. The way they do too many things is just like this. This is why cell phone time STILL costs 50 cents per minute and Carlos Slim is a billionaire.

    Brazil is self sufficient in energy yet you pay 2X for gasoline there. That in a country where they effectively have 1/3 the salaries we do here.

    very very bad.

     

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    sprearson81 (profile), Jun 9th, 2012 @ 6:32am

    No, very, very good.

     

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    fodder99 (profile), Jun 19th, 2012 @ 10:22am

    I totally disagree with spearsons comment above... It IS BAD !

     

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    noosa accommodation, Oct 8th, 2013 @ 2:54pm

    noosa accommodation

    This is what I can call a good quality post because it is quite useful to take a look at! You are truly a true writer! You need to continue posting!

     

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    chat comercial, Oct 31st, 2013 @ 2:12am

    chat comercial

    Now this is what I call the best post since it is really fascinating to read! You are a true writer! You must keep doing that!

     

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    Erica R. Galle, Nov 26th, 2013 @ 6:45am

    Erica R. Galle

    Nice stuff for more info click the above link

     

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    bugmenot (profile), Nov 29th, 2013 @ 12:11am

    Great

    Brazil really needs it. Great than those hings are happening.

    ariano and reppucci

     

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    Home, Dec 10th, 2013 @ 6:11am

    Go Brazil

    It is really great that such things are happening whithin country.

     

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