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The press review catalogues press articles related to la Quadrature's issues, compiled by its volunteers.
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[Wired] YouTube to McCain: You Made Your DMCA Bed, Lie in It

YouTube on Tuesday rebuffed a request from John McCain's presidential campaign to examine fair-use issues more carefully before yanking campaign videos in response to DMCA takedown notices.

(...)

The McCain campaign on Monday fired off a letter to YouTube complaining that the company had acted too quickly to take down McCain's videos in response to copyright infringement notices. McCain campaign general counsel Trevor Potter argued that several of the removed ads, which had used excerpts of television footage, fall under the four-factor doctrine of fair-use, and shouldn't have been removed.

(...)

"We look forward to working with Senator (or President) McCain on ways to combat abuse of the DMCA takedown process on YouTube, including by way of example, strengthening the fair-use doctrine, so that intermediaries like us can rely on this important doctrine with a measure of business certainty."

http://blog.wired.com/27bstroke6/2008/10/youtube-to-mcca.html

[CNET] McCain campaign protests YouTube's DMCA policy

John McCain's presidential campaign is protesting YouTube's video-removal policy, which has resulted in the deletion of some political advertisements the campaign believes are perfectly legal and protected by fair use.

In a letter (PDF) sent to YouTube CEO Chad Hurley and company attorneys on Monday, the campaign charges that "our advertisements or Web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine." The DMCA is, of course, the 1998 Digital Millennium Copyright Act that allows copyright holders to submit takedown notices.

(...)

But more broadly, the campaign has a point; YouTube seems a bit too eager to remove political videos. The McCain camp's solution is to ask for a "full legal review" of videos posted by political candidates and campaigns before they're automatically removed. Another solution? If you don't like the neighborhood, move. Nobody's forcing them to stick with YouTube.

http://news.cnet.com/8301-13578_3-10066510-38.html

[Wired] Bush Signs Law Creating Copyright Czar

Oxy President Bush on Monday signed into law legislation creating a copyright czar, a cabinet-level position on par with the nation's drug czar.

Two weeks ago, the House sent the president the "Enforcement of Intellectual Property Rights Act" (.pdf), a measure the Senate approved days before creating a cabinet-level copyright czar charged with implementing a nationwide plan to combat piracy and "report directly to the president and Congress regarding domestic international intellectual property enforcement programs."

The White House successfully lobbied the Senate to remove language tasking the Department of Justice with suing copyright and trademark infringers on behalf of Hollywood (.pdf), the recording industry, manufacturers and software makers. But the Bush administration also said it didn't want (.pdf) a copyright czar, a position on par with the nation's drug czar Congress created in 1982 to wage the war on drugs. Lawmakers, however, sent him the package anyway and the president signed.

The czar is not likely to be appointed until after the elections.

http://blog.wired.com/27bstroke6/2008/10/bush-signs-law.html

[Boing Boing] New Zealand's copyright minister screaming : it's fair to cut people off from the Internet

New Zealand's copyright minister starts screaming when asked whether it's fair to cut people off from the Internet on the basis of three unsubstantiated accusations of copyright infringement

Posted by Cory Doctorow,

"Colin Jackson is a well-known IT consultant in New Zealand and former President of InternetNZ. Colin attended a meeting with the Minister in charge of copyright on Monday to talk about a proposal to kick people off the internet on the basis of three unsubstantiated accusations of copyright infringement, and she lost her temper and yelled at them."

The meeting was set down for 45 minutes from 3:45. When it opened, Judith Tizard spent 30 minutes telling us why the change had to be made. She began by strongly expressing her anger that we had complained to her at this stage in the proceedings. None of us, she said, had been to see her before this on this topic. When we protested that we had worked with the Select Committee, which had removed this provision - and balanced it with one which made licence holders liable for false accusations - she said that this was completely inappropriate of the Select Committee, because Cabinet had already decided this was going ahead. We should not have been surprised, we were told, that this provision was reinserted by the government at the last minute before the bill was passed. (It's worth noting here that Judith has been to the two New Zealand Foo Camps and was engaged roundly on copyright both times.)

(...)

In response to being told that it is technically impossible for ISPs to tell what people are doing, Judith said that it had been done for child pornography and that ISPs need to apply the same standards. It was pointed out that the state defines objectionable material, possession of which is a crime, but there's no equivalent definition for copyright, infringement of which is a civil matter to be determined by courts.

Of all the unreasonable and awful proposals to come out of the entertainment industry, none is so bad as the three-strikes rule, a rule that would leave everyday people vulnerable to having the connection that brings them freedom of speech, of assembly and the press, the link that connects them to family, school, work and government, terminated because someone, somewhere made three accusations of copyright infringement, without having to offer a shred of evidence.

I think there's an easy answer to this: a three-strikes rule that cuts both ways: so yes, we'll cut off anyone who's thrice-accused of copyright infringement, but we should also permanently terminate Internet access for any corporation that makes three improper or incorrect accusations: once Sony or Warners or what-have-you make three bogus accusations, they have to do all their sales, marketing, production and communication by phone and fax. Forever.

http://www.boingboing.net/2008/10/09/new-zealands-copyrig.html

[TelecomTV] Commission says 'no': Sarko given out over 3 strikes

The European Commission has turned down French President Sarkozy's request that it reject the last minute Amendment 138 to the Telecoms Package, introduced and passed at the end of last month by the plenary session of the European Parliament to protect European citizens from arbitrary Internet disconnection, and supported by TelecomTV and digital and citizens' rights groups throughout Europe.

[...]

Sarkozy's government is also part way through introducing a raft of Internet-clamping measures in France and Amendment 138 might prove a roadblock to that process by bolstering any legal challenges sure to mounted by digital rights and citizens' groups there. Amendment 138 requires telecoms regulators to apply the principle that "no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent." In effect, any disconnection has to have judicial authority - as an ISP, you can't just go cutting users off willy-nilly. In the end the amendment was passed in an open vote with a large majority of 573 votes in favour to 74 votes against, a fact acknowledged by the Commission as a strong democratic mandate to have it stand. So digital rights advocates can claim a small victory in a long, hard fight. Continues after advertisement. Without amending the thrust of the telecom package through 138, national governments would have been more able to oversee the establishment of extra-judicial (kangaroo court) procedures to disconnect users suspected of downloading copyright material.

[...]

Those supporting repressive measures in the European Parliament's Telecoms Package had long argued that they were nothing to do with copyright and three strikes, but were in fact all about chasing down paedophiles and terrorists. In fact the opponents of the measures had got it all wrong, they claimed to television reporters and in newspaper articles, and it was all a fuss about nothing. Now Sarkozy's letter to the commission has blown that argument right out of the water.

http://web20.telecomtv.com/pages/?newsid=43957&id=e9381817-0593-417a-863...

[Nieuwsbank] Commission position on President Sarkozy's letter on Amendment 138

MEMO/08/607 Brussels, 7 October 2008 Commission position on President Sarkozy's letter on Amendment 138 adopted by the European Parliament in plenary vote on 24 September The Commission takes note of the letter received by President Sarkozy last Friday asking the Commission to reject Amendment 138 adopted by the plenary of the European Parliament on 24 September in its vote on the EU Telecoms Package.

[...]

This version of the amendment was adopted by the European Parliament in an open vote with a large majority of 573 votes in favour and 74 votes against. The European Commission respects this democratic decision of the European Parliament. In the Commission's view, this amendment is an important restatement of key legal principles inherent in the legal order of the European Union, especially of citizens' fundamental rights.

http://www.nieuwsbank.nl/en/2008/10/07/v049.htm

[MuniWireless] EU moves to protect users rights in piracy cases

The European Commission and deputies of the European Parliament have been discussing amendments to the Telecom Package recently and one of the amendments to the original text is Amendment 138 on the right of end users charged with content piracy to a full and fair judicial review: "No restriction may be imposed on the fundamental rights and freedoms of end users without a prior ruling of the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, except when public security is threatened, in which case a judicial ruling may be rendered subsequently."

Opponents of content filtering and the law of "gradual retaliation" (a controversial law being considered in France which prohibits the delivery of pirated content on the Internet) considered this to be a victory for end users. The amendment prohibits an EU member from calling an administrative authority instead of a judicial authority to solve problems of piracy.

During a press conference after the vote, Guy Bono, a French European Deputy who was among the three authors of the amendment 138 said, focusing on the French government: "You cannot fool around with individual freedoms. The French government will have to rewrite the `gradual retaliation' law."

(...)

This week, in the French daily newspaper "Liberation" published the copy of a letter supposedly sent by the French President Nicolas Sarkozy to Jose Manuel Baroso, President of the European Commission, approving of the work of the Commission in a project called "Online Creative Content", to be presented to the European Parliament next year. Sarkozy adds: "It is crucial for the Commission to be vigilant to threats coming the European Parliament during the first vote of the third "Telecom Package". It is especially fundamental that the amendment 138 be rejected by the Commission. This amendment tries to prevent States from applying an intelligent strategy against piracy."

In a conference in Nice, where Viviane Reding, European Commissioner for information society was speaking about the internet of things, she said that: "The Telecom Package has nothing to do with the content. It is only about infrastructure."

Regarding the "online creative content" project, she added: "We have a vision of freedom on the Internet, freedom of access for Internet users and protecting the author rights." She reminded people that the role of the Commission is only to prepare legislative proposals. "It is to the Parliament and to the Council of Ministers to make the law."

http://www.muniwireless.com/2008/10/07/eu-moves-to-protect-users-rights-...

[Rebentisch Blog] Reding fences off French Presidency intervention

Everybody knew that when the French under N. Sarkozy assumed Presidency of the Council strange things would happen. Indeed, Aigrain mocked it in his blog. Sarkozy intervened at Commissioner Reding or precisely at the Commission president not to accept Amendment 138 of the Trautmann report (Telecom Package) which was voted by Parliament. The Sarkozy "short circuit" didn't succeed. Good for constitutional reasons.

[...]

This version of the amendment was adopted by the European Parliament in an open vote with a large majority of 573 votes in favour and 74 votes against. The European Commission respects this democratic decision of the European Parliament. In the Commission's view, this amendment is an important restatement of key legal principles inherent in the legal order of the European Union, especially of citizens' fundamental rights.

http://rebentisch.blogspot.com/2008/10/reding-fences-off-french-presiden...

[La Stampa] Ue: no a Sarkozy su norme contro abusi download da Internet

La Commissione europea ha risposto con un netto "no" oggi a Bruxelles alla richiesta del presidente Sarkozy di bocciare la posizione dell'Europarlamento contro un progetto di legge francese per la protezione della propriet intellettuale su internet. La nuova legge, che dovrebbe essere approvata entro l'anno, attribuirebbe all'authority di regolazione nazionale delle Tlc il potere di monitorare il traffico via internet e tagliare il collegamento alla rete di presunti 'pirat scoperti a scaricare abusivamente film, musica e qualunque altro contenuto coperto dal diritto d'autore. Il 24 settembre scorso, nell'ambito del pi generale 'pacchetto telecom', il Parlamento europeo ha approvato una sorta di 'censura preventiv nei riguardi di questo progetto di legge, approvando a grandissima maggioranza (573 voti contro 74) l'emendamento 138 in cui si chiede ai regolatori nazionali di applicare il principio secondo il quale, salvo che in caso di minaccia per la pubblica sicurezza, nessuna restrizione pu essere imposta sui diritti e le libert fondamentali degli utenti finali, senza la previa autorizzazione delle autorit giudiziarie, segnatamente in accordo con l'Art.

http://www.lastampa.it/_web/cmstp/tmplrubriche/tecnologia/grubrica.asp?I...

[Telemedicus] Net Neutrality: Was will die EG?

von Simon Muller

Let it be clear that as the Commissioner for Information Society & Media, one of my key concerns is to ensure that the internet remains open from the point of view of service providers wanting to deliver new, innovative services, AND open from the point of view of consumers wanting to access the services of their choice and create the content of their choice.

But we must recognise that openness for innovation sometimes cannot exclude legitimate network management practices. For instance, traffic prioritisation can sometimes be an important driver of value and growth for operators. The Commission's vision of an open and competitive digital market does allow for traffic prioritisation, especially for providing more innovative services or managing networks effectively. We have to allow network providers to experiment with different consumer offerings. In the end, it will be up to the consumers to decide to change to a provider that offers them what they would like.

For the future, the Commission has proposed, in its review of the Telecoms package, to create the possibility of setting minimum quality levels for network transmission services based on technical standards identified at EU level.

http://www.telemedicus.info/article/994-Net-Neutrality-Was-will-die-EG.html

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