Karsten Gerloff brought the attached letter to my attention.
It's a request from a European Parliament committee for comments for a report on "consumer confidence in the digital environment".
I haven't looked into this much, but the deadline for responses is April 14th, so I wanted to get this out asap.
Below is the initial exchange between myself and Karsten. It's not particularly coherent, but might be good for generating ideas. Comments and ideas sought.
Off the top of my head:
<snip> 1. What are the main problem areas, which you are confronted with generally, or in your field, regarding Consumer Confidence in the Digital Environment?
DRM and the fact that people do illegal things every day and therefore have no understanding or respect for the law.
Or rather: that copyright laws (in this case) are woefully inadequate to the digital environment. We need laws that are not geared towards the rightsholding industries' needs exclusively, but take into account that there are other ways in which ideas are used and developed: eg. commons-based peer production. If unreformed or tightened, copyright laws will discredit themselves, instead of serving their purpose of encouraging creativity.
Also spyware, adware, and viruses which users are helpless against because legal and technical means are used to make software users helpless by denying them freedom.
fully ack.
- What are the key challenges for the IT industry and its users, which
can be foreseen for the near future generally or particularly in your field of competence (especially regarding the Consumer Confidence in the Digital Environment)?
User enablement: allowing people to participate in the building and direction of the digital parts of their environment. (i.e. give people software freedom)
For software businesses, this will include re-orienting their business models from production to service. As Free Software spreads even further throughout all business environments, money will not be made from restrictive licensing policies, but from service contracts. Customisatoin of Free Software will also increase in importance.
- Could you present your opinion on legislative problems (Issues for
which new legislation is needed or where, on the other hand, overregulation and some unnecessary rules should be abolished. Please address these questions concerning EU legislation or even those in which the national rules apply, and so only better coordination of the Member States can be supported)?
Software patents.
Copyright is currently overregulated. Instead of a rumoured increase of the copyright protection term, the EU should follow the advice of economists and significantly shorten the copyright term. A target considered adequate by many would be a term of 14 years, renewable once. This would not do much harm to rights-holding businesses, while providing society with a much richer public domain, thus sustainably securing the EU's creative advantage throughout the 21st century.
- Because the Internal Market cannot be isolated from the globalized
market, do you see similar or different problems and challenges at international/global level?
Yes, but the EU is big enough not to be bullied by other countries. That's the whole point of a union. So the EU can be a leader, and therefore help to fix the global problems.
(The global problems are based on the fact that regions which are smaller than the EU can be bullied, and so the problem spreads because no one will stand up against the bullying.)
The fact that users and consumers have long been left unconsidered by those developing the system of intellectual monopoly powers ensures that the problems are replicated globally. There are, however, remarkable differences in the effects that the unbalanced system has. While in developed countries, users and consumers are irritated and economic growth slowed, there are lives at stake in developing countries.
- In regard to your previous answers, do you see possible legislative
solutions?
The 21 swpat amendments. Having legislation which effects
s/effects/affects
consumers handled by DG Justice, competition, or culture. Looking at legislation from the point of view of citizens instead of the market (and therefore acknowledging that the citizens can help themselves directly, and in teams/communities - not just indirectly by participating in the market.)
Besides pushing for a Treaty on Access to Knowledge and Technology on an international level, the EU could put itself at the vanguard of legal development in user's and consumer's rights. This would generally mean defining as positive rights what today are only exceptions in copyright and patent law; eg., a positive right to use copyrighted material for non-profit educational purposes. This can be achieved in full compliance with the TRIPS agreement.
Yet a significant first step for those in the hole would be to stop digging. The EU should withdraw at least its support for the webcasting option in the proposed WIPO Broadcast Treaty. Better would be stopping EU support for said treaty altogether.
- Moreover, could you please share any other ideas which have been
raised in your mind on Consumer Confidence in the Digital Environment?
Software freedom is key. When software users have their hands tied, they will always be exploited.
Providing users and consumers with adequate knowledge and a sound legal basis is key for them to build confidence in the digital environment. Only a competent person can appreciate the full scope of possibilities provided by digital networks, and only if there is legal certainty.
Software freedom is a conditio sine qua non to building competence with users and consumers.
April 14th is the deadline. That's Friday.
...these things creep up on you.
IIRC, Roithova was a strong anti-swpat MEP, so there's reason to hope that something sensible will be tried with the responses to this enquirey.
The enquirey is at: http://mail.fsfeurope.org/pipermail/discussion/attachments/20060404/e9355b62...
Here are the questions from the enquirey, and some draft answers. The answers are not very good right now, so help with getting them up to FSFE quality, quickly, would be appreciated. And initiating the writing a response in your local or other organisations is recommended if you have not yet done so.
The questions:
Q1. What are the main problem areas, which you are confronted with generally, or in your field, regarding Consumer Confidence in the Digital Environment?
FSFE see three main problems: consumer disablement, Digital Restrictions Management, and lack of consideration for the public in law making.
1. Consumer disablement =======================
Software that prevents or prohibits computer users from helping themselves or helping others is the biggest problem.
FSFE has concluded that software users should have the following 4 rights:
1. to run the program, for any purpose 2. to study how the program works, and adapt it to your needs 3. to redistribute copies 4. to improve the program, and release your improvements to the publi
We have also concluded that this set must be complete. Having some of these freedoms, but not all, is often of no practical use. Here's why we have come to these conclusions:
1. Being free to run the software for any purpose is the most basic way in which users should have control over their use of software.
2. Being free to study how the program works, means that consumers can know what the software does and can make informed decisions. Being free to adapt the software to their needs, by modifying the human-readable form of the program (the "source code"), means that consumers can help themself by fixing bugs, by customising the software to suit their situation, by removing limits, and, in the case of malicious features such as spyware and viruses, users can remove harmful parts of the program.
3. Distributing digital works is childs play. Sharing is a basic social resource which must not be prohibited. Such a prohibition reduces comprehensibility of the law, and respect for the law.
4. Being free to make and distribute improvements is necessary because collaboration is necessary in fields as complex as software development. No one has the skill or the time to make all the improvements that they want, so distribution of improvements is necessary so that improvements can be cumulative, and so that improvements can be commissioned by third-parties.
Software that is free from these fetters is called "Free Software". Building awareness of Free Software is one of FSFE's primary goals.
2. DRM - Digital Restrictions Management
DRM is technology which specifically tries to increase consumer disablement by making software which will not do what the user asks and depends on permission from a third-party to decide what the user is allowed to do.
3. Lack of consideration for the public in law making
Many laws which place restrictions on users of digital technologies seem to be geared exclusively towards the rightsholding industries' requests.
It seems not to be taken into account that many areas of the field of software development and distribution are not the exclusive domain of the market. Due to this approach, many software models are discrimated against, directly and indirectly.
If unreformed or tightened, copyright laws will discredit themselves, instead of serving their purpose of encouraging development and distribution of works.
Q2. What are the key challenges for the IT industry and its users, which can be foreseen for the near future generally or particularly in your field of competence (especially regarding the Consumer Confidence in the Digital Environment)?
The development and implementation of open standards which can be used by Free Software is an important challenge for the IT industry and it's users. On this, we would like the European Parliament and European Commission to take the iniative here and begin a complete shift to using open standards.
(Should I mention something Peter Quinn -related as an example??)
Allowing people to participate in the building and direction of the digital parts of their environment, as they can when they have the above freedoms, is crucial.
Q3. Could you present your opinion on legislative problems (Issues for which new legislation is needed or where, on the other hand, overregulation and some unnecessary rules should be abolished. Please address these questions concerning EU legislation or even those in which the national rules apply, and so only better coordination of the Member States can be supported)?
Software patents. The 21 anti-swpat amendments should be used as a base for legislation with sufficient clarity.
Copyright is currently overregulated. Instead of a rumoured increase of the copyright protection term, the EU should follow the advice of economists and significantly shorten the copyright term. A target considered adequate by many would be a term of 14 years, renewable once. This would not do much harm to rights-holding businesses, while providing society with a much richer public domain, thus sustainably securing the EU's creative advantage throughout the 21st century.
Q4. Because the Internal Market cannot be isolated from the globalized market, do you see similar or different problems and challenges at international/global level?
These problems are global to an extent, although not evenly.
The issue of software patents is far worse in the USA, for example. The harm caused to the internal market there has been strongly confirmed by the US Federal Trade Commissions' 2003 "Report on Innovation".
There international pressures to increase user disablement (by the reduction of freedoms), but the EU is big enough not to be bullied by these - that's the whole point of a union. For this reason, the EU can be a leader, and may even be able to help to fix the global problems.
Q5. In regard to your previous answers, do you see possible legislative solutions?
The 21 anti-swpat amendments.
Legislation which affects consumers, and in which development and distribution is performed by the general public (not just "the market"), should not be handled by DG Internal Market.
Civil liberties are not an Internal Market issue. Software development is an area where citizens can help themselves directly, and in teams/communities - not just indirectly by participating in the market.
Besides pushing for a Treaty on Access to Knowledge and Technology on an international level, the EU could put itself at the vanguard of legal development in user's and consumer's rights. This would generally mean defining as positive rights what today are only exceptions in copyright and patent law; eg., a positive right to use copyrighted material for non-profit educational purposes. This can be achieved in full compliance with the TRIPS agreement.
A significant first step for those in the hole would be to stop digging. The EU should withdraw at least its support for the webcasting option in the proposed WIPO Broadcast Treaty. Better would be stopping EU support for said treaty altogether.
The mistake of looking at copyright and patents and trademarks together as a single issue must be avoided. Copyright law exists, and it has certain affects on the public. Patent law exists, and has different affects on the public. These laws, and many others under the umbrella of "intellectual property", have almost nothing in common in the restrictions they place on the public. Considering them collectively can only lead to oversimplistic outcomes and it is the public that loses every time.
6. Moreover, could you please share any other ideas which have been raised in your mind on Consumer Confidence in the Digital Environment?
Software freedom is key, as defined in the answer to the first question. When software users have their hands tied, they will always be exploited.
Ciaran O'Riordan ciaran@fsfe.org writes:
April 14th is the deadline. That's Friday.
The deadline is passed.
I didn't make a submission for FSFE - there wasn't the time or energy for getting the quality to an acceptable standard. (and the GPLv3 docs had to take precedence)
I know the information in this thread caused one other organisation and one individual to make their own submissions.
The deadline may not be hard. I tried phoning her office, but it was a constituency week (where the MEPs go home), so I got no answer. If somone phones her office on Tuesday, they may find that she will still accept submissions. If so, please tell the list.