31.12.10: Closing this blog, taking all my media offline and moving from Berlin…? Reason: JMStV

November 30, 2010

Be it a wicked plan to install some serious online censorship in Germany or simply corruption and incompetence, it now looks like the very controversial German Jugendmedienschutzstaatsvertrag (JMStV) may well be signed soon and could become binding law from January 1st, 2011 on. Blogs machen wegen neuen Jugendschutz-Regelungen dicht (www.heise.de)

The legal hoops for a small blog like mine with self produced media content (incl. links and “making available for free download” of my own feature film Vincent, 44 min., 16mm > 35mm blow-up, made in Austria in 1996/2003) seem too complicated, expensive and for sure too risky to take without legal advice, that I now seriously ponder about doing the following:

* remove my indiworks.wordpress.com blog
* remove my indiworks.blip.tv videoblog
* remove all my online videos from the Internet Archive (incl. Vincent and His Girl Friday – Between the lines edit (www.archive.org) as well as all my 3D shorts)

and

* move from Berlin/Germany to another EU country where I find political sanity and understanding of new media/online art/blogging etc.

If you happen to be a new media investor, blogger, artist, film maker etc. planning to move to Berlin/Germany (as I did in 1999) because you’ve heard of a vibrant, off-mainstream (online) art/media scene:

* you may want to think twice now and keep a close look at the events unfolding in the days and weeks to come and opt for another location than Berlin/Germany for your investments and business to be

* it may well be that we now only have 31 days left until a de facto censorship law will make it easy for (big media) lawyers to either get rid of your work or to force you into classifying your work with a (from) “18″ (years on) label

I do hope that EU commissioner Neelie Kroes (and her staff), who recently held a vibrant speech for a copyright reform (europa.eu) will recognise these established media tactics for what they are: force indie content provider (self made, original works!) to shut down distribution of their e.g. Creative Commons licensed works using laws like the Jugendmedienschutzstaatsvertrag (JMStV) that is really only going to be there to help big media widen it’s existing monopoly-like position.

Not only copyright law needs to be reformed but Europe also needs to protect art and artist from hidden censorship like the German Jugendmedienschutzstaatsvertrag (JMStV).

In other words: even if you are trying very hard to abide to the already very restrictive copyright and “intellectual property” laws (e.g. doing remix works with Public Domain footage like myself) you may still get into expensive legal troubles or have to label your work with only for “18″ in order to be on the safe side. I’d rather move to another country. Thank you very much Greens for betraying us (parlamentarische-zwaenge.de)! Yet another reason for only voting Pirate Party in all future elections!!!

So this in short is why I now soon may have to say:

Goodbye to Berlin

Meine Damen und Herren, Mesdames et Messieurs,

Willkommen, bienvenue, welcome

Im Cabaret, au Cabaret, to Cabaret

Update(s):

see also:

http://t3n.de/news/neuer-jmstv-286977/

http://www.schockwellenreiter.de/blog/2010/11/30/jmstv-und-weiter/

http://yuccatree.de/2010/11/jugendmedienschutz-staatsvertrag-bundeslander-beschliesen-juristisches-chaos-fur-blogger/

http://blog.pantoffelpunk.de/brechmittel/wieder-neue-wahlplakate-der-gruenen-geleakt

http://www.spiegel.de/netzwelt/netzpolitik/0,1518,732060,00.html

http://www.netzpolitik.org/2010/wider-das-grose-blogschliesen-wegen-des-jmstv/

http://www.netzpolitik.org/2010/jugendmedienschutz-wende-nach-dem-shitstor/

http://www.netzpolitik.org/2010/jmstv-in-berlin-parlamentarische-zwange-auch-bei-der-linken/

http://www.golem.de/1011/79772.html

http://ak-zensur.de/

and some first legal analysis (found via http://blog.fefe.de/):

http://blog.beck.de/2010/11/30/jugendmedienstaatsvertrag-und-altersfreigabe-im-internet

yet more…:

http://www.zeit.de/politik/deutschland/2010-11/gruene-nrw-internet-jugendschutz

http://www.testspiel.de/archives/2010/11/30/linksammlung-zum-jugendmedienschutz-staatvertrag-jmstv/ (more links, some listed here some not)

http://berlinnow.org/?p=737

http://www.robertbasic.de/2010/11/jmstv-novellierung-herkunft-und-gruende/

http://www.indiskretionehrensache.de/2010/11/deutschlands-parteien-unwahlbar-eine-wutrede/

http://itspublique.de/archives/8795

and don’t forget:

https://twitter.com/gruenenrw/status/9305356467445760:

Wir sind weiterhin gegen den #JMStV, die Fraktion hat sich aufgrund parlamentarischer Zwänge anders entschlossen.

some more links:

http://pressetext.at/news/101201003/internet-jugendschutz-geht-an-realitaet-vorbei/

http://diepresse.com/home/techscience/internet/614762/Jugendschutz_Deutschland-droht-die-InternetWueste

and not much more to say than that one…

http://www.fischfresse.de/2010/11/jugendschutz-medien-der-neue-jmstv-satire-jugendmedienschutz-staatsvertrag/

31.12.10: Closing this blog, taking all my media offline and moving from Berlin…? Reason: Jugendmedienschutzstaatsvertrag (JMStV)

 

Be it a wicked plan to install some serious online censorship in Germany or simply incompetence or corruption, it now looks like the controversial German Jugendmedienschutzstaatsvertrag (JMStV) may well be signed next Thursday and could become binding law from January 1st, 2011.

 

The legal hoops a small blog like mine with self produced media content (incl. links and making availabel for free download of my own feature film Vincent, 44 min., 16mm > 35mm blow-up, made in 1996/2003) seem to comlicated, expensive and for sure risky to take without legal advice, that I now seriously ponder about doing the following:

 

* remove my indiworks.wordpress.com blog

* remove indiworks.blip.tv

* remove all my online videos from the Internet Archive (incl. Vincent and His Girl Friday – Beetween the lines edit as well as all my 3D shorts)

* move from Berlin/Germany to another EU country where I find political sanity and understanding of new media/online art/blogging etc.

 

If you happen to be a new media investor, blooger, artist, film maker etc. planning to move to Berlin/Germany (as I did in 1999) because you’ve heard of a vibrant, off-maistream (online) art/media scene:

 

* you may want to think twice now and keep a close look at the events unfolding in the days and weeks to come

 

* it may well be that we now only have 31 days left until a semi-corporate-fascist supported law will make it easy for (big media) lawyers to either get rid of your work or to force you into classifying your work with a (from) “18″ (years on) label

 

I do hope that EU commisoner Croes, who recently held a vibrant speech for a copyright reform http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/619&format=HTML&aged=0&language=EN&guiLanguage=en will recongnise the established media tactics for what they are: force indie content provider (self made, original works!) to shut down distribution of their e.g. Creative Commons licensed works because of laws like the Jugendmedienschutzstaatsvertrag (JMStV) that is really only going to be there to help big media widen it’s monopoly like position.

 

In oder words: even if you are trying very hard to abide to the currently already very restrictive copyright and “intelectual property” laws (e.g. doing remix works with Public Domain footage like myself) you may still get into expensive legal troubles or have to label your work with only for “18″ to be on the safe side.

 

Good-by to Berlin

 

Corporate Fascism is about to start in 31 days.

Meine Damen und Herren,

Wilkommen, Bienvenue…

Au Cabaret, au cabaret, au cabaret…

 


18+, “looking younger”…? Depictions of your naked body may be illegal in the EU soon!

November 25, 2010

A new EU legislative proposal may well in fact turn out to be a de facto criminalisation of any kind of “erotic” depiction of adults who, in the eye of a judge, may “look younger than 18″: EU verbietet erotische Darstellungen von Erwachsenen (EU banning erotic depictions of adults) (www.pornoanwalt.de).


“David” by Michelangelo can – at this point – still be seen at the Galleria dell’ Accademia, Florence/Italy

(Source: Wikipedia)

In the near future it may not matter how old you actually are (!!!), “erotic” depictions of your naked body or any erotic material may be highly illegal to produce or possess, even if you can prove that those involved are e.g. 25!

Of course there is a very cynical pretext, this legislative proposal says it aims at child pornography. Yet de facto this is “freedom from porn” the way Steve Jobs was preaching it. This law should be a pope’s wet dream come true…

So e.g. if your partner happens to be Asian and you made some nude snapshots on the beach you may already be out of luck: if a European judge feels that your Asian partner “looks younger than 18″ you and your partner may already be in serious legal troubles.

And what about art…? Caravaggio’s nude boy in “Amor Vincit Omnia”…? Will it have to be moved from the museum…? Could Michaelangelo’s David not seem (too) erotic and look like he was under age…? Careful if you are a film maker and planing a coming of age drama! I guess Larry Clark’s “Kids” could already be highly problematic in this context…

Of course a whole generation of Xtube, Porntube etc. (young) adults of 18+ will face a serious problem: if someone thinks you “look (!!!) under 18″ it will be enough to criminalise you and your fans. Your ID card will not help you here! And once e.g. a news paper writes that you have produced or possessed child porn it will be almost impossible to defend your good name.

“Amor Vincit Omnia” by Caravaggio can – at this point – still be seen at the Gemäldegalerie, Staatliche Museen, Berlin/Germany

(Source: Wikipedia)

This really is simply how censorship starts. Just take a delicate topic like CP, broaden the definition and once the laws are put in place it will be easy to use this to get rid of anyone you wish to target. An art book with nude paintings or a David Hamilton photography book may be enough. And an erotic Manga style comic book may be even more dangerous to possess… Also be sure to get rid of that old sex education book or your parent’s naturist guide from the 1960s, it may well get you in serious trouble!

I wonder if those “looking younger than 18″ or those possessing “erotic” depictions of those “looking younger than 18″ will at one point have to wear some kind of label…? I suggest a star. Pink should do. This worked before and should work again.

As the lawyer linked from that article above says: this legislative proposal does not help children at all, actual victims of CP. What it does is possibly criminalise any “erotic” depiction of those who are 18+ and it also potentially criminalises a whole generation of teens/young adults. The only legal porn in Europe then would be one for and with old people. I’m sure there is a market too. Yet all youngsters and couples who might share nude pics and videos among one another or anyone using sites like Porntube could easily face jail time. So if you are a parent beware of your teenage kids: their naked bodies are about to be declared “illegal”. Be prepared to visit them in prison.

Europe beware. It looks like a storm is coming. (Corporate) Fascism is definitely just around the corner. This one is about censorship and the pretext is as cynical as it could possibly get.

And what a coincidence that at the same time the TSA porn scanners, that are according to experts not helping with safety at all, but as Americans found out are only there to humiliate you, are being installed at an airport near you. This is all about intimidation and control. “You have nothing to fear if you have nothing to hide.”

ACTA is on the way (EU-Parlament begrüßt Anti-Piraterie-Abkommen ACTA/EU parliament welcomes Anti-Piracy-Agreement ACTA) (www.heise.de), “terror warnings” make the round and lobbyists are trying to pass laws that will bring us back to the middle age. That’s real “freedom from porn”. By all means do enjoy your iPad – while you still can…

It’s so good to know that young people will still be sent to fight wars and while they may drive a car and buy alcohol at (around) 18, “erotic” depictions of  their bodies and their sexual practices may soon be illegal and could destroy their and their loved one’s lives.

I also wonder if those very young, semi-nude boys with wings in all those Catholic Churches around Europe will then have to be removed one day too…? Probably they will be exempt from censorship for “religious” reasons – now that the pope has allowed condoms for male prostitutes it looks like these are going to be good times indeed for those highly respected moral guardians of our society. Think of the children…!

Witches will be hunted. Books will be burned. Again.

 

18+, “looking younger”…? Depictions of your naked body may be illegal in the EU soon!

 

A controversial EU legislative proposal may well in fact turn out to be a de facto criminalisation for any kind of “erotic” depiction of adults who, in the eye of a judge, may “look younger than 18″.

 

In the near future it might not matter how old you actually are (!!!), “erotic” depictions of your naked body or any erotic material may be highly illegal to produce or possess, even if you can prove that those involved are e.g. 25!

 

Of course there is a very cynical pretext, this legislative proposal says it aims at child pornography. Yet de facto this is “freedom from porn” the way Steve Jobs was preaching it, this law really should be a pope’s wet dream come true.

 

So e.g. if your partner happens to be Asian and you made some nude snapshots on the beach you may already be out of luck: if a European judge feels that your Asian partner “looks younger than 18″ you and your partner may already be in serious legal troubles.

 

And what about art…? Caravaggio’s nude boy in ““Amor Vincit Omnia”…? Will it have to be moved from the museum…? Could Michaelangelo’s David not seem (too) erotic and look like he was under age…? Careful if you are a film maker and planing a coming of age drama! I guess Larry Clark’s “Kids” could already be highly problematic in this context…

 

Of course a whole generation of Xtube, Porntube etc. (young) adults of 18+ will face a serious problem: if someone thinks you “look under 18″ it will be enough to criminalise you and your fans. Your ID card will not help you here! And once e.g. a news paper prints that you have produced or possessed child porn it will be almost impossible to defend your good name.

 

This really is simply how censorship starts. Just take a delicate topic like CP, broaden the definition and once the laws are put in place it will be easy to use this to get rid of anyone you wish to target. An art book with Caravaggio paintings or a Larry Clark photography book may be enough. And an erotic Manga style comic book may be even more dangerous to posses… Also be sure to get rid of that old sex education book or your parent’s naturist book from the 1960′, it may well get you in serious trouble!

 

I wonder if those “looking younger than 18″ or those possessing “erotic” depictions of those “looking younger than 18″ will at one point have to wear some kind of mark…? I suggest a star. Pink or yellow should do. This worked before and should work again!

 

As the lawyer linked from that article above says: this legislative proposal does not at all help children, actual victims of CP. What it does is possibly criminalise any “erotic” depiction of those of 18+ and it potentially criminalises a whole generation of teens/young adults at the same time. The only legal porn in Europe then should be one for and with old people. I’m sure there is a market too. Yet all youngsters and couples who might share nude pics and videos among one another or anyone using sites like Porntube could easily face jail time. So if you are a parent beware of your teenage kids: their naked bodies are about to be declared “illegal”. Be prepared to visit them in prison.

 

Europe beware. It looks like a storm is coming. (Corporate) Fascism is definitely just around the corner. This one is about censorship and the pretext is as cynical as it could possibly get.

 

And what a coincidence that at the same time the TSA porn scanners, that, according to experts are not helping with safety, but are really only there to humiliate you, are being installed at an airport near you.

 

ACTA is on the way, “terror warnings” make the round and lobbyists are trying to pass laws that will bring us back to the middle age. That’s “freedom from porn”. By all means do enjoy your iPad – while you still can.

 

I also wonder if those very young, semi-nude boys with wings in all those Catholic Churches around Europe will then have to be removed one day too…? Probably they will be except from censorship for “religious” reasons – now that the pope has allowed condoms for male prostitutes it looks like these are going to be good times indeed for those highly respected moral guardians of our society. Think of the children…!

 

It’s also good to know that young people will still be sent to fight wars and while they may drive a car and buy alcohol at (around) 18, “erotic” depictions of their bodies and their sexual practices may soon be illegal and could destroy their and their loved one’s lives.

 

Witches will be hunted. Books will be burned. Again.


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