* Column published in the counter.
I am not a criminal, at least I think so. It seems that in recent days, a group of artists, thinks otherwise. During the past week, several blogs as Release of Digital or Digital Rights NGO, unveiled the existence of a secret agreement between the Government of Chile and the SCD (confirmed by them in their corporate blog.) This agreement, signed on the backs of citizens, they remembered a series of measures that the Government undertook to assist in the processing of the current draft law on Intellectual Property, which is in Congress. From this point of view, the situation is worrying since the last time a junior government minister, former Ferreiro - tried to hide an agreement with Microsoft, had to take back foot. But beyond the gesture, what really matters is the terms of that agreement, which not only restricts freedoms that exist today, but assumes that all people, just to perform certain actions, we are criminals.
The first point I want to emphasize is that the SCD responsible for the music piracy and illegal downloading of mp3 to Internet Service Providers (ISP). His theory is based on these companies provide content indiscriminately, promoting the conditions for committing an offense. Therefore, the best solution would create a fee to charge operators, which would solve the "cost" which involves flushing the rights of artists. In this interpretation are born several observations.
First, ISPs can not and should not discriminate on the content passing through their cables. Its function is to provide Internet access without any restrictions regarding content or download method. Bans of this type, allows people not able to decide for themselves what they see and how to view it. If I decide to access illegal content, I am responsible for this crime and the ISP should not assume a priori action.
On the other hand, if they are charged to the ISP, these transfers that cost to users, and thus those who are online should pay for the mere possibility that at some point in their navigation to access even the option to download music or content protected by SCD. That is, if I hold my Internet connection to check e I pay my neighbor low cost films for it. Finally, if this rate would imply that the DSS was given for those fees paid for use of intellectual property and let me legally download, free of charge all the content would probably gladly pay a fixed rate that would allow such action . But no, downloading music illegally will remain crime and as that happens, the SCD will be billed for the mere fact that we have the ability to download music. Right, right?
Another "remarkable" is that it eliminates categories such as fair use or private copying. That is, for the SCD (and the government, apparently) if I copy a CD that I bought legally to my computer or Ipod, I am committing a crime. Even if the band I love and decide to advertise for others to buy the record. Also, if a school teacher sent me a text to read, I can not get copies to study. Even think to scan the text and send it to my friends.
Not content with this, the DSS and the Government have agreed to terminate the waiver of the right to intellectual property. In other words, less legalistic, it is that if an artist decides to give his work to the world or stop charging for their rights, can not. Basically, entities of collective management of rights (which in Chile is only the DSS) will continue to receive this corresponds to use these works, although its author does not want to and have donated. Where is the freedom of the artist? Do not know, but I get the impression that Radiohead and Nine Inch Nails would not be happy with our country.
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