25 November 2012

Against Protectionism for Intellectual Property

If anyone was on the fence or in doubt about IP law, this case should help bring some logic an reason back into the discussions:


This week, at the behest of an anti-piracy group, police executed a search warrant against an alleged file-sharer. Not only did the police feel it was measured and appropriate to take action against an individual who downloaded a single album worth a few euros, but even carried on once they knew their target was a 9-year-old child. Of course there has been outcry, but let's look at this from a different angle for a moment. Isn't this some of the best news all year?

The news this week that Finnish police had seen fit to raid the home of a 9-year-old file-sharer has turned into one of the biggest stories of the year so far.

I'm not condoning an act if "theft," but this gross, disproportionate display of ignorance and force is just one more reason I believe the existence of the state is the greatest call for its prohibition. 

Ok, the event was hardly comparable to the military-style raid at the Dotcom mansion, but it was still an example of a disproportionate show of force by the police at the behest of copyright holders.

Of course, while Dotcom's children were undoubtedly affected by the action at their home in January, they weren't the prime targets. In contrast and quite unbelievably, in this week's debacle the unlucky daughter of Finland's Aki Nylund was. But despite being a common-sense disaster, this week's screw-up could be some of the best news we've had all year. And here's why.

If the police targeted the admins of one of the biggest torrent sites in the world this week or rounded up some heavy pre-releasers or similar, people might complain but it would hardly come as a surprise. The writing has been on the wall for a long time in that respect and the backlash from the public would be almost non-existent.

But in what kind of parallel universe does a professional, western police force think it's appropriate, proportionate and a good use of tax-payers' money to send officers to a citizen's home for a petty file-sharing issue, one involving the downloading of a single music album?

And worse still, Finland's police were only called in to deal with the issue when the father of the child refused to pay a cash demand of 600 euros sent by anti-piracy outfit CIAPC on behalf of Warner Music for what amounts to, at most, a civil offense. Rightsholders should be able to protect their interests, but using the police – and the public purse – to enforce an unofficial 'debt'? This just gets better.

When private parties are allowed to wield the force of the state in disputes, WTF?! That pretty much lays the idea of justice six feet under. 

But before we go any further, we should acknowledge the correct assumption by those attempting to protect the police that when the officers arrived at the house they had no idea that they would be targeting a child. Agreed, they had absolutely no clue. What they did have was 'evidence' collected by an anti-piracy group based on a simple IP address.

And the burden of proof is not even expected in a civil case this meager? Wait, Houston, we have a problem. 

This, ladies and gentlemen, is a perfect example of just how useful this 'evidence' is.

If the evidence could actually identify an infringer it would seem likely that CIAPC would've seen the face of a 9-year-old child and thrown their 600 euro claim in the trash. Yes, anti-piracy groups do rely on a certain amount of public fear to make their strategies work, but we've spoken to CIAPC a number of times and they don't seem evil. This is the kind of publicity they can do without.

And they're not on their own.

Chisu, the artist cast into the middle of the scandal, has been forced to defend herself after she faced accusations that she was somehow involved in targeting the child. She wasn't – and this has been confirmed by her label Warner Music – but she herself said that she doesn't need this kind of attention and felt compelled to offer an apology to her young fans.

As public opinion shifts radically away from protectionist efforts for groups that heavily lobby the state for privilege, producers will likely shift away from large organizations such as big recording industry players. Hello self-publishing in all media fields. Goodbye monopolization, naturally, without (and actually despite of) intervention by government. 

Of course, groups like CIAPC and others like them are trying to positively influence the younger generation. With their taste for popular music they are the customers of tomorrow, but scaring them into submission isn't going to work.

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