[p2p-research] Fwd: [fcf_discussion] The Pirate Bay Decision, or the Political Persecution of Sharing

[Michel Bauwens]

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Mon, Nov 29, 2010 at 7:57 PM
Subject: [fcf_discussion] The Pirate Bay Decision, or the Political
Persecution of Sharing
To: fcforum_discussion at list.fcforum.net


La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/the-pirate-bay-decision-or-the-political-persecution-of-sharing


The Pirate Bay Decision, or the Political Persecution of Sharing



*** The Internet, November 27th 2010 - The decision to sentence the
co-founders of The Pirate Bay to jail is both absurd and unfair. It
illustrates how an obsolete copyright law and its indiscrimate application
are harmful to society as a whole. Such an incomprehension of technological,
economic and social realities should not mask the fact that this decision is
above all political. ***

Citizens who care about the Internet and digital technologies are startled
by the decision of the Appeal court of Svea to confirm (reduced) jail
sentences of F. Neij, P. Sunde and C. Lundström, founders of the Pirate Bay.
The court has also upheld huge fines and increased damages to the music
firms that sued them.

 * On a technical and legal point of view, the decision is unfair because
The Pirate Bay is nothing but an index, which links to resources that
already exist online. This decision amounts to condemning a library catalog
instead of the author of some infringing content or activity.

 * On a philosophical point of view, this decision is unfair because it
tends to condemn the act of sharing. Sharing is good and legitimate. Culture
only exists because it is shared. The problem is that today's copyright laws
and their implementation are obsolete. They are fundamentally at odds with
the new uses that create and disseminate today's and tomorrow's culture.

 * On a political point of view, the decision is revolting. It is a
statement to convince people that sharing is bad for creators, when it has a
proven positive effect on cultural diversity, revenues from concerts and
other activities and no proven negative effect on sales of music or other
media [1]. This decision will become the emblem of the imperious necessity
to adapt copyright to reality instead of trying to change reality so it fits
copyright interests. [2]

"The Pirate Bay founders can probably challenge this decision, and take this
case to a higher court, and we hope that justice will be restablished soon.
We are convinced that in a few years time, this decision will appear to
everyone as reminiscent of a decaying system, keen on scoring a few last
hits before the advent of an inevitable change." conclude together Jérémie
Zimmermann and Philippe Aigrain, co-founders of La Quadrature du Net.

Courage, Peter, Fredrik, and Carl!


* Références *

1. See http://lqdn.fr/wiki/Documents

2. Commissioner Kroes recently declared at the Forum of Cultures: "In some
sectors, the levels of piracy demand that we ask ourselves what are we doing
wrong. We must ensure that copyright serves as a building block, not a
stumbling block."



** About la Quadrature du Net **


La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international NGOs
including the Electronic Frontier Foundation, the Open Society Institute and
Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net


** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room




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