Evo prenosim nekoliko citata sa različitih websiteova koji predstavljaju različite odluke sudova i vlada nekoliko različitih zemalja u vezi trenutačno aktualnih tema piratstva i ograničavanja ljudskih prava u borbi protiv piratstva. Vjerujem da većina članova ovog foruma zna kakvo je stanje sa tim stvarima u Hrvatskoj, u Americi, u Rusiji i u Kini, međutim možda mnogi ne znaju kakvo je stanje drugdje u svijetu.
Nisam siguran da li ovi zaključci još uvijek vrijede (zakoni se mijenjaju kroz vrijeme), mislim da su svi ovi citati od nakon 2000., a ovo sa Švicarskom je prilično novo (prije godinu - dvi čini mi se). Evo vam pa sami sudite.
"One in three people in Switzerland download unauthorized music, movies and games from the Internet and since last year the government has been wondering what to do about it. This week their response was published and it was crystal clear. Not only will downloading for personal use stay completely legal, but the copyright holders won't suffer because of it, since people eventually spend the money saved on entertainment products. The overall conclusion of the study is that the current copyright law, under which downloading copyrighted material for personal use is permitted, doesn't have to change. Their report begins with noting that when it comes to copying files, the Internet has proven a game-changer. While the photocopier, audio cassette tape and VCR allowed users to make good quality copies of various media, these devices lacked a in-built distribution method. The world-wide web changed all that. Distribution method or not, the entertainment industries have opposed all these technological inventions out of fear that their businesses would be crushed. This is not the right response according to the Swiss government, which favors the option of putting technology to good use instead of taking the repressive approach.
The report further states that it is questionable whether a three-strikes law would be legal in the first place, as the UN's Human Rights Council labeled Internet access a human right. The Council specifically argued that Hadopi is a disproportionate law that should be repealed. Other measures such as filtering or blocking content and websites are also rejected, because these would hurt freedom of speech and violate privacy protection laws. The report notes that even if these measures were implemented, there would be several ways to circumvent them.
The overall suggestion the Swiss government communicates to the entertainment industries is that they should adapt to the change in consumer behavior, or die. They see absolutely no need to change the law because downloading has no proven negative impact on the production of national culture."
"In Italy courts established that criminally liability does not extend to file sharing copyrighted material, as long as it is not done for commercial gain. Ruling on a case involving a copyright holder employed a third party to collect IP addresses of suspected copyright infringers, the Italian Data Protection Authority ruled in February 2008 that the systematic monitoring peer-to-peer activities for the purpose of detecting copyright infringers and suing them is prohibited."
"In Spain and Sweden, anyone is allowed to make a private copy of a copyrighted material for oneself and the source copy does not even have to be legal."
(pojašnjenje : nemam odgovarajući citat ali Švedska je do 2005. imala sličan stav kao Švicarska, onda su pod pritiskom Europske Komisije kriminalizirali filesharing, onda je 2008. nekoliko stranaka u parlamentu tražilo ponovnu legalizaciju, i ne znam šta je bilo od tada)
"In a series of cases, Spanish courts have ruled that file sharing for private use is legal. In 2006, the record industry's attempt to criminalize file sharing were disappointed when Judge Paz Aldecoa declared it legal to download indiscriminately in Spain, if done for private use and without any profit purpose, and the head of the police's technology squad has publicly said "It's ok. You can download whatever you want with eMule. But don't sell it." There have been demonstrations where the authorities has been informed that copyrighted material was going to be downloaded in a public place, the last of which took place on 20 December 2008. No legal action was taken againstit.
In another decision, in May 2009, a judge ruled in favor of a person engaged in the private, non-commercial file-sharing of thousands of movies, even though the copying was done without the consent of the copyright owners. The Spanish Supreme Court has ruled that personal data associated with an IP address could only be disclosed in the course of a criminal investigation or for public safety reasons."
