RSSNew Italian law may have unintentionally legalized MP3 sharing
By Ed Oswald | Published February 1, 2008, 4:58 PM
A new copyright law in Italy making its way through Parliament seems to suggest that trading in MP3s would become legal so long as no profit is made from its distribution.
The law states that music or images that are at "degraded or low resolution" can be distributed on the Internet "for scientific or educational use, and only when such use is not for profit," according to a rough translation.
Experts that have reviewed the law told the Italian daily La Repubblica that even though MP3's are not specifically mentioned, the fact that the word degraded is used implies the existence of that format, which is by technical definition a "lossy" format that loses some fidelity through degradation. An MP3 is essentially a lower-quality form of the original recording.
While to the untrained ear this difference may not be heard, there is still some degree of loss of quality. As to the scientific and educational use requirements, experts say that a literal reading of the law would make an education-based P2P system or a discussion group on the music of an artist as permissible uses.
Politicians may have not intended to make MP3s legal, Italian internet copyright lawyer Andrea Monti told the paper, but may have not necessarily realized that MP3 is indeed a 'degraded format.'
Regardless, with it already approved by both the Italian chamber and Senate, it would take effect as soon as it is published in the Gazzetta Ufficiale. According to Wikipedia, the newspaper holds special regard because a law must be published in it in order to take effect.
The head of the Federation of Italian Music, Enzo Mazza, says the group is not concerned by the law because he expects the government to set strict guidelines as to who can qualify for those scientific and educational purposes.
But Monti disagrees, saying that the constitution would allow any Italian citizen to claim that purpose in the use of music.
The full story, in Italian, can be viewed on La Repubblica's Web site.
I don't see what the big deal is here. Actually, I think this is kinda funny really. Their talking about the "quality" of something. Downloading of music was never illegal in the first place. If it were, Itunes would be sued out of existence. If this is a question of MP3's, then why was the ability to store MP3's on the Ipod allowed in the first place? If MP3's were illegal, then all manner of things would not legally exist. Making laws on this....LMFAO. This is nuts (wether it's accurate or not). This article makes it sound like MP3's are illegal when they are not. What about all the things out there using MP3 audio files for sound effects? Recorders that record in MP3?....MP3 players?
So............
What's it going to be? Is this crap going to be illegal or not? If it's going to be illegal....then lets quit beating around the bush and make it illegal already. If it's going to be legal....then lets stop all this nonsense and get on with the technological progress of getting people what they want.
As for me....
I'm reaching a point where I just don't care anymore. I resent the idea that I (being part of the general populous) could be arrested, sued, or heavily fined just for making use of the things they gave me to use in the first place. They will not make up their minds as to wether or not this is going to be illegal. Yet, they want me to pay the price both ways...coming and going...in and out...left and right...here and there. They even want me to pay for what others do even when it's ultimately what they themselves do. This whole thing is insane.
TO ALL ISP's:
STOP TRYING TO SELL ME YOUR HIGHSPEED SERVICE ON THE PREMISE OF DOWNLOADING ILLEGAL CONTENT (MUSIC AND MOVIES).
Just tell me what you want. But, don't expect me to pay for crap from you that you can't even get straight.
TO ALL HOLLYWOOD (AA'S):
MOST OF WHAT YOU DO IS WORTHLESS TO START WITH. YOU JUST CAN'T SEE IT (ESPECIALLY WITH SO MANY PEOPLE SUCKERED INTO YOUR GAME). TO HELL WITH YOU.
You can't seem to get yourself straight either (but hey...straight to you means not being worth it...and that part of the problem). I am so sick of your crap. If you don't want your movies distributed on the net before they are released...then don't put them on the net. But, don't blame the public for YOU doing that.
I know this article focuses on MP3's...but it's all the same thing....it's all insane and the public pays for the insanity of a select few.
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|Can someone correct me here if I am wrong, but I think there is a very similar law already in place in the Netherlands, as I recall as well, that says pretty much the exact same thing, correct?
Anyone know of any other countries around the world with similar laws on their books?
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|If the RIAA has any control which it seems to be using mind control methods, some new make belief organization will appear in Italy and appeal to the idea it's breaking a make belive law and demand justice. Grief, to bad we don't have a way to impeach the rIAA out of existence like ENRON!
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|Hey baby: it's not true! Please check the italian blog before posting mistaked news.
First: the law is already published on "Gazzetta Ufficiale". Two: the whole thing is just a wrong supposition.
Nothing else.
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|An italian proverb says: "Truth is simple, but it is difficult to see it when there is powerful people who takes profit of lies". If the air could be sold, you should have to pay not only for every MP3 download, but also for every breath you take.
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|If the air could be sold, you should have to pay not only for every MP3 download, but also for every breath you take.
I don't think anyone paid for that track...
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|Well, I forgot to say "including taxes"... (just a bit of humour).
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|To say the truth, this was stated time ago by judges of Corte di cassazione (Italian Supreme Court) , which have the duty to interpret the law & determine its sense unappealably .
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|Ya gotta like it. About time.
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|Can the RIAA order the invasion of Italy as retaliation? :P
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|Mike are you actually saying that you dont share music with your family or freinds now?
I make it a point to share every song in my collection with anybody who wants them. I use SharePod on my iPod which is stored on the iPod itself. It allows you to load and extract songs to any computer with a USB port and no iTunes.
Oh yeah, it's also free.
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|Hollywood:
God bless you. :)
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|Oh thank GOD! PLEASE let this be true and please let this new law pass and go into effect. And then let it set a precedence all over the world.
Finally, some semblence of SANITY!!!! God bless the Italians for using the brains God gave them. Much more that I can say for us here in the USA.
This is such a big step in the right direction I can't even put it into words. Needless to say, this makes me VERY happy to see.
Please let this be the start of a much bigger trend so the insanity of the MPAA and the RIAA can once and for all be wiped from the face of this earth like the evil CANCER that they are!
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|LOL!
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|Well, we can dream....
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|Must be nice to totally ignore reality like that, even in jest....
/too damn cynical sometimes...
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