RE: [swinog] Referendum against "Swiss DMCA"

2007-12-08 Diskussionsfäden Peter Keller
* on the Wed, Dec 05, 2007 at 08:49:43AM +0100, Tonnerre LOMBARD wrote:
> I want you to be aware of the fact that there is a certain risk 
> involved with the referendum.
[...]
> if the current law is abolished through a referendum, it will have to
> recurr immediately, because the law was not created out of hot air but
> as a response to an international treaty which Switzerland ratified.
> However, chances are that next time, we will not be able to maintain 
> the provisions which got into the law this time, so after a 
> referendum, in my estimation, we will end up with a law which is way
> worse than it is right now. 

I fully disagree. Making us fear "the next law will be way worse" just doesn't 
apply. If the Swiss people say "no" to this law, how would they ever say "yes" 
to a law wich is even worse? No way. 

About international treaties: Thank god the Swiss people have the last word 
here, too. The government signs a treaty, and the people vote against it? 
Cancelled! That's why we got to vote about joining the EEA (EEE/EWR), Schengen, 
the EU, the UN, etc. That's why we got to vote over treaties like the Bilateral 
Agreements I and II, donating one billion to Eastern Europe, etc. The 
government would have liked to sign all these treaties, but the people said 
"yes" to some and "no" to others. That's why often in these treaties I guess 
the Swiss government puts a phrase like "it will enter into action except if 
the Swiss people vote against it". 

Peter 


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Re: [swinog] Referendum against "Swiss DMCA"

2007-12-05 Diskussionsfäden Alexandre Suter
Tonnerre LOMBARD wrote:
> Anyway, make up your own mind. I do not want to force anyone of you here
> not to sign this proposal, and there is a chance of course that I am
> entirely mistaken. What you should be aware of though is that this is
> not going to be the last thing you heard from the copyright revision.
>   
Thank you Tonnerre for your valuable input. Following the various
discussions today on this topic, I was also referred to this article:
http://www.theregister.co.uk/2007/12/05/swiss_dmca_say_it_aint_so/

I can only agree with the author when he says that "the petition has
unquestionably raised awareness of copyright and consumer rights
regarding digital media, which have received little mainstream attention
so far in the Confederation".


Regards,

Alexandre

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Re: [swinog] Referendum against "Swiss DMCA"

2007-12-05 Diskussionsfäden Peter Keel
Hello

* on the Wed, Dec 05, 2007 at 08:49:43AM +0100, Tonnerre LOMBARD wrote:
> Now to the problems. We have already achieved something with regard to
> taming this law. The original proposal had far worse provisions, and we
> could have ended up far worse without some of the specifications. However,
> if the current law is abolished through a referendum, it will have to
> recurr immediately, because the law was not created out of hot air but
> as a response to an international treaty which Switzerland ratified.

I concur with that. I wouldn't take up a referendum against a half-bad
law. There should be done something, but in my opinion the whole law
should be completely rewritten at a later date, and probably the WIPO-treaty 
itself should be repelled (or changed completely at WIPO-level). 

It's apalling how the so-called "economical liberal" are not in fact opening 
up markets for free trade but instead are plastering the whole world with 
laws for more gouvernement-granted monopolies. 

Cheers
Seegras
-- 
Those who give up essential liberties for temporary safety deserve 
neither liberty nor safety. -- Benjamin Franklin
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Re: [swinog] Referendum against "Swiss DMCA"

2007-12-04 Diskussionsfäden Tonnerre LOMBARD
Salut,

On Tue, Dec 04, 2007 at 10:09:52PM +0100, Alexandre Suter wrote:
> I encourage everyone to have a look at the website and pass the word
> around... There is not much time left !
> 
> French : http://no-dmca.ch/index.fr.html
> German : http://no-dmca.ch/index.de.html
> Italian : http://no-dmca.ch/index.it.html
> English : http://no-dmca.ch/index.en.html

I do not mean to refuse you your right to your own opinion on this, but
I want you to be aware of the fact that there is a certain risk involved
with the referendum.


Before that, you should know that despite people's claims, this law has
not been rushed past the people or anything. There has been a public
hearing on this way back in 2005, which I attended. In 2006, the relevant
gremia decided on the issue, and have been lobbied by us and quite a number
of other parties. I have personally made an analysis of the (at the time)
legal proposal, have postulated ways to improve it, and have invited people
to come and help me (which some did).

All those people who claim that there has been no public notice of this
law should simply be embarassed that they did not act in time despite the
fact that there has been a _lot_ of public uproar about it for more than
two years now, and should stop discounting our work on the issue, which
has been considerable.

See also http://www.ffii.ch/action/urg2006/


Now to the problems. We have already achieved something with regard to
taming this law. The original proposal had far worse provisions, and we
could have ended up far worse without some of the specifications. However,
if the current law is abolished through a referendum, it will have to
recurr immediately, because the law was not created out of hot air but
as a response to an international treaty which Switzerland ratified.

However, chances are that next time, we will not be able to maintain the
provisions which got into the law this time, so after a referendum, in my
estimation, we will end up with a law which is way worse than it is
right now. Thus, I would rather propose to use the provisions laid down
in the law to force a new revision based on the facts which will
undoubtedly be established in its evaluation, i.e. what happens after
it has come to force.

Anyway, make up your own mind. I do not want to force anyone of you here
not to sign this proposal, and there is a chance of course that I am
entirely mistaken. What you should be aware of though is that this is
not going to be the last thing you heard from the copyright revision.

Thanks for listening and sorry for the off-topic subject, I will not
start into a flame war this time. ;-)

Tonnerre


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[swinog] Referendum against "Swiss DMCA"

2007-12-04 Diskussionsfäden Alexandre Suter
I encourage everyone to have a look at the website and pass the word
around... There is not much time left !

French : http://no-dmca.ch/index.fr.html
German : http://no-dmca.ch/index.de.html
Italian : http://no-dmca.ch/index.it.html
English : http://no-dmca.ch/index.en.html


Regards,

Alexandre

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