Tuesday, 23rd September 2008 Finanza e Mercati
Pay attention to Big Brother risk of copyright
Pay attention to Big Brother risk of copyright

Nunziante Magrone’s young legal attacks: "The actual right of author is an excuse to guarantee position incomes"

"Author's right in Internet is just an excuse." Is more than a provocation, Giuseppe Mazziotti’s one (Nunziante Magrone Firm’s associate), young lawyer (degree in 2001, member of lawyers bar since 2004), but already in the navigators’paladins. His theses, contained in a book introduced in the summer, (EU Digital Copyright Law and the End-User), follow a specific leitmotif: to promote a recognition, to an European level, of a sort of subjective rights of use of creative works. "It deals with capsizing the traditional rhetorical - Mazziotti explains - that brings to consideration the development of Internet (for example, in the meaning of file sharing or of peer-to-peer) as events with negative connotation."
Actually, according to the lawyer, it is necessary to find a new balance, that allows "exceptions to the copyright rules (also because the alarms go off just beyond the great numbers; on the single irregular transaction it prevails on the right of privacy), or that it makes the contents clearer in specific cases." And then, the subject must not be an obstacle to the creativeness: "It is necessary to think about models in copyleft style, that are rights with limited protection, often to the only bond that who exploits the good does it for supportive aims, not remunerated."
The classical example is Wilkipedia, where every author sticks to a copyleft license. Another example of limits to the actual system of norms emerges in the didactics. At the beginning of the year, Mazziotti explains, the Government had "settled" the author's right for schools and institutes that need to use works on Internet. "The paradox - he continues - is that, to find a compromise with the holders, the use is granted only to schools just in case the material is of cheaper quality compared to the original one." So, a ad pejora to the emblem "of the incomes of position."
Then, there is an anxious aspect of the struggle to the copyright, "and that is the risk that turns into a control of the right of access to services and knowledges by now transferred on Internet (just think about the online libraries)." That’s why Mazziotti speaks about "author's right as an excuse, to armour what it guarantees earnings based on the access." And there is more. In this engagement it appear technological measures of protection more and more pervasive, with systems introduced in the terminals "that protect from viruses, but that are also able to recognize the software not produced by "pleasant" societies." So, a big brother of the copyright.

 

   





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