[P2P-F] cc to be made illegal in portugal

[Michel Bauwens]

thanks Miguel, very useful!

On Wed, Jul 20, 2011 at 4:42 PM, Miguel Afonso Caetano <
miguel.a.caetano at gmail.com> wrote:

> Hi Michel,
>
> 2011/7/20 Michel Bauwens <michelsub2004 at gmail.com>:
> >
> http://www.technollama.co.uk/is-portugal-about-to-make-creative-commons-illegal
> >
> > Dear Miguel,
> >
> > is this something you could report on for us?
>
> I think there was an overreaction. I'm afraid the whole thing was
> somewhat blown out of proportion. This proposal only concerned the
> compensation collected by the Portuguese collective copyright agencies
> with every media that enables the copying of content in exchange for
> the right granted to consumers to make private copies of the CDs, DVDs
> and books they legitimately bought. Basically, it would disallow
> authors who want to receive that compensation to publish works with CC
> licenses. But since those authors have already renounced the right to
> receive any compensation for any copy/reproduction made for private,
> non-commercial uses, this proposal wouldn't apply to them. A few weeks
> later Creative Commons Portugal released a statement corroborating
> this interpretation:
>
> http://www.inteli.pt/uploads/cms/20110617183817_Proposta_de_Lei_da_Copia_Privada_NAO_ilegaliza_licencas_CC.pdf
> .
>
> On the other hand, there could be a problem with works published with
> non-commercial licenses. These authors wouldn't just be able to
> receive any compensation from private copy. Overall, I would say that
> the worst effect this proposal could have would be to enforce a
> discrimination of CC licenses. This wouldn't be too much of a
> surprise, anyway, because the text was mostly the output of a
> collaboration between the now extinct MInistry of Culture and SPA
> (Sociedade Portuguesa de Autores), as well other collective copyright
> societies. The biggest problem is that Portuguese authors who want to
> ease the work of collecting royalties from the commercial exploitation
> of their works and at the same time have those same works published
> with Creative Commons licenses can't sign in to SPA because basically
> this collective society doesn't allow its members to establish any
> contract with other organizations besides SPA:
>
> http://www.spautores.pt/destaques/vamos-penalizar-cooperadores-que-nao-cumprem-a-regra-da-exclusividade-contratual
> .
> In other words, they have to individually negotiate with interested
> parties.
>
> Anyway, since this proposal was revealed a lot of changes occurred in
> the Portuguese political scenario: the general elections that happened
> in June 5th brought a new coalition government situated at the
> center-right wing of the political spectrum. Nonetheless, I'm afraid
> that the real danger is yet to come. That is because the new
> government has already announced that it's his intention to present
> not only a new law regarding private copies but a second law against
> piracy:
> http://tek.sapo.pt/noticias/internet/governo_promete_leis_para_pirataria_e_copia_p_1164132.html
> .
> I really don't know what to expect from the latter, but I think the
> former will be just a rehash of the first proposal with the most
> controversial articles striped but still expanding the tax for private
> copies to storage media like external and internal HDs, cellphones
> with multimedia players, iPods, tablets, etc. This is the same kind of
> law that has generated a strong opposition in Spain against the
> government and SGAE ("canon digital").
>
> Best regards from Portugal
>
> >
> > I'm wondering if it is possible to have an attitude that makes it
> possible
> > to share and alienate rights to the commons, but not to corporates?
> >
> > this would address some of the concerns of the portuguese lawmakers?
> >
> > Michel
> >
> > --
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> >
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> >
> >
> >
> >
> >
> >
>
>
>
> --
> Miguel Caetano
>
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>



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