Most of us know about the war that the MPAA and the RIAA have waged against copyright infringement. For years they have overtly tried civil prosecution of individuals and companies. In some cases they have won large settlements but mostly they have won only derision and hatred. Across the board they have done very little to win the hearts and minds of the general public.Or to persuade the younger generations that intellectual properties are things that can even be owned.

So, the war plan has been changed from civil prosecution to creating new law that makes all forms of infringement criminally punishable by jail and fine at the worst and digital banishment with no trial or recourse at best. They are attempting to re-write law the world around through new secret treaties. And changes in National Laws.

There are a lot of arguments about whether Treaty trumps State or even Federal laws but it is wide open enough that I think there is some reason for concern. I am not a lawyer or even a student of law so I recommend that you research this point on your own. But I will supply you with a starting point Article 6 of the US Constitution says:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

I don't know about you but to me that says that when a treaty is ratified it becomes Part of the Constitution with the same weight as an amendment to the Constitution. Scary stuff for an undereducated Florida boy to wrap his head around.

Cory Doctorow posted a story on BoingBoing today about the new Spanish "Sustainable Economy Act" which apparently has hidden language changing Spanish copyright laws.

Understandably there is a backlash in progess and there has been a response issued by an as yet unidentified group. But it reads pretty well and I've decided to post it here.

A group of journalists, bloggers, professionals and creators want to express their firm opposition to the inclusion in a Draft Law of some changes to Spanish laws restricting the freedoms of expression, information and access to culture on the Internet. They also declare that:

1 .- Copyright should not be placed above citizens' fundamental rights to privacy, security, presumption of innocence, effective judicial protection and freedom of expression.

2 .- Suspension of fundamental rights is and must remain an exclusive competence of judges. This blueprint, contrary to the provisions of Article 20.5 of the Spanish Constitution, places in the hands of the executive the power to keep Spanish citizens from accessing certain websites.

3 .- The proposed laws would create legal uncertainty across Spanish IT companies, damaging one of the few areas of development and future of our economy, hindering the creation of startups, introducing barriers to competition and slowing down its international projection.

4 .- The proposed laws threaten creativity and hinder cultural development. The Internet and new technologies have democratized the creation and publication of all types of content, which no longer depends on an old small industry but on multiple and different sources.

5 .- Authors, like all workers, are entitled to live out of their creative ideas, business models and activities linked to their creations. Trying to hold an obsolete industry with legislative changes is neither fair nor realistic. If their business model was based on controlling copies of any creation and this is not possible any more on the Internet, they should look for a new business model.

6 .- We believe that cultural industries need modern, effective, credible and affordable alternatives to survive. They also need to adapt to new social practices.

7 .- The Internet should be free and not have any interference from groups that seek to perpetuate obsolete business models and stop the free flow of human knowledge.

8 .- We ask the Government to guarantee net neutrality in Spain, as it will act as a framework in which a sustainable economy may develop.

9 .- We propose a real reform of intellectual property rights in order to ensure a society of knowledge, promote the public domain and limit abuses from copyright organizations.

10 .- In a democracy, laws and their amendments should only be adopted after a timely public debate and consultation with all involved parties. Legislative changes affecting fundamental rights can only be made in a Constitutional law.

 

I agree with all of these points and feel that this "Digital Bill of Rights" must be enacted in the United States and around the world to protect against arbitrary infringement on the rights of citizens in the name of protecting intellectual property.

Suspicion of possession of an ill-gotten copy of  "Smells Like Teen Spirit" is not a good enough reason to break down my front door or search me at the border.