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Re: [Fsuk-manchester] [DEB] If You Support Free Software, Talk To Your


From: Robert Burrell Donkin
Subject: Re: [Fsuk-manchester] [DEB] If You Support Free Software, Talk To Your MP Now
Date: Mon, 15 Mar 2010 17:16:25 +0000

On Sun, Mar 14, 2010 at 8:50 PM, Lucy <address@hidden> wrote:
> On 14 March 2010 17:07, Robert Burrell Donkin
> <address@hidden> wrote:
>> Now is the time to ask for a meeting with your MP and tell ask them
>> whether they have really understand the treat posed by the bill and
>> ask why they support the way this legislation has bypassed due
>> process.
>
> Hi Robert
>
> Thanks for bringing this to the attention of the list. I've been
> following some of the developments via Glen Moody and the Open Rights
> Group. I'm glad you've reminded me that I should contact my MP
> (actually I meant to do it months ago). As far as I'm aware the bill
> is currently in the Lords? What can I actually ask my MP to do; should
> I be asking them to vote against it or for particular amendments when
> it get back to the house of commons (assuming it does go back to the
> commons, my knowledge is a bit shakey at this point)?

it's fine to be hazy - that's the whole point, no one really
understands DEB or what it'll mean in practice. it's being rushed
through without public consultation and with very basic questions let
unanswered.

AFAICT no one really knows but here's my best guess...

it hasn't gone to the commons yet but when it does, the process will
be very, very quick - too fast for anyone to talk to their MP. it's
now too late to email - you need to ask to speak to them personally at
a surgery.

DEB is very unlikely to be debated in the commons. it will most likely
be deemed passed via wash up.

the orphaned work section is just poorly drafted with unintended
consequences but it's best to talk in specifics, not abstracts
concepts like freedom. DEB allows companies to infringe the license on
GPL'd software by payment of a small fee to a Minister. your artist
and political freedom to license your work in the way you want will be
lost if DEB is passed. this is irresponsibly disproportionate to the
problem that the orphaned works section is supposed to address. for
example, the US allows limited academic and archival fair use. this
already exists in case law which could easily be codified in statue.
instead, the law is being changed so that license conditions will only
be enforceable when registered with a large media company. or at
least, that the way i read the statue but it's all subject to the
enabling clause so no one really knows...

DEB is a Ministerial enabling bill for copyright and the Internet. in
short, power will move from the courts and Parliament to Ministers for
legislation in these areas. this is a very important constitutional
change, moving our legal system back to prior political censorship and
establishing that the Internet will be ruled by the whim of the Crown
(beyond Parliament or the courts). it is being rushed through without
debate or time for responsible review of the contents.

the choice for MPs will either be to vote for the DEB or against it as
a whole. they will have no time to consider it in detail or
amendments.

you should tell your MP that DEB is too important and controversial to
pass without a full and properly debate including public consultation.
tell them that this issue therefore needs to wait until the next
Parliament. when they tell you that artists are suffering now, tell
them that there are several alternative schemes with revenue models
for artists which have been ignored by DEB. so, it can't really be
that urgent if revenues are not needed now.

- robert




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