Keeping this blog and my online media: JMStV v2010 stopped in NRW!

December 16, 2010

As netzpolitik.org reports the JMStV v2010 was unanimously stopped in NRW today. This is very good news for free speech and free access to information in Germany. As previously reported the consequences for bloggers, webmasters, artists and (new media) investors would have been pretty devastating with the JMStV v2010 in place.

So sanity has prevailed after all. It also seems that politicians are finally starting to understand the dynamics of the net and what the online generation can contribute to that ongoing experiment we call Democracy.

It still remains to be seen how a future version of the JMStV will be drafted and what it might look like: anyone planing an online project in Germany is well advised to follow closely all developments leading towards a JMStV v2011…

See also Scheitern des JMStV ist ein Sieg der Vernunft (ak-zensur.de)

Update:

See also JMStV vor dem Aus (www.heise.de/tp) for a critical look at the way the JMStV v2010 was drafted. The article basically says that the process was not an open one and that old media (TV) and its close ties to politics had a lot to say. Some of the comments to the article also question the motivation for stopping the JMStV and suggest mainly tactical reasons.

There are lessons to be learned for everyone, that seems pretty clear to me. For me personally one lesson is: even if you live in a supposedly free country like Germany there are certain values like free speech that constantly need to be tested and defended if necessary. JMStV v2010 had the potential of destroying (not only) wide parts of the German blogosphere. In the end sanity prevailed, but things could have gone the other way and this is something that I simply had not anticipated in this country in the year 2010. Everyone needs to keep their eyes of vigilance open at all times from now on.


Berlin votes for online censorship: Jugend-beschmutz-fuck-new-media-Vertrag (“JMStV”)

December 10, 2010

netzpolitik.org reports that the very controversial JMStV (Jugendmedienschutzstaatsvertrag) has been approved by Berlin’s House of Representatives. It’s not all over yet, other local governments still need to vote on the JMStV. It can still be derailed if only one other local governments decides against it.

To those few – on all parts of the political spectrum – who yesterday voted against the JMStV because you care about free speech and your good conscience means more to you than “parlamentarische Zwänge” (“parliamentary necessity”): I raise my virtual hat to you!

To all those who voted against it simply for tactical reasons and to all those who voted for it simply for tactical reasons (while you actually would have liked to vote against it but felt you could not because of the “parlamentarische Zwänge”) I say: you’ve proven yourself an unworthy representative of the people. May another generation forgive you your weakness. I can’t.

I believe it is now fair to say that the majority of the delegates of the city of Berlin:

* may be to weak to vote according to their conscience or

* may be uninformed/incompetent in regards to new media and internet or

* may have been corrupted by lobbyists.

This is a very sad outcome for the capital of Germany!

All bloggers, (online) artists, new media producers, filmmakers and investors take note of this. Serious and very dangerous online censorship in Germany is now one step closer!

Here one comment from the netzpolitik.org article linked above:

“Wer hat uns verraten? Sozialdemokraten

Wer war mit dabei? Die Linkspartei.

Wer verrät uns eh? Die FDP.

Wahlen boykottieren!”

For me this is another very good reason to only vote Pirate Party in all future elections!

No politician who voted for – or against – the JMStV and who did not vote according to his or her good conscience after thoroughly listening to the experts *)

* is in a position to ever lament again over a low turnout at any future election

* should be surprised about (political) radicalisation of young people

* and in the case of Berlin should not be surprised at all about new media artists now possibly leaving this wonderful city and moving on to another country where there is political sanity and understanding for online media.

You have utterly failed. Shame on you!

*) see:

Gesellschaft für Informatik und SIBB e. V. fordern Stopp des JMStV! (2. Update) (www.netzpolitik.org)

Schützt endlich unsere Kinder! Katholische Junge Gemeinde fordert Stopp des JMStV – “Echter Jugendmedienschutz geht anders” (www.netzpolitik.org)


ACTA, EU and WikiLeaks. And showdown for free speech, indie online media in Germany.

December 3, 2010

ACTA, EU and WikiLeaks

Julian Assange answers your questions (www.guardian.co.uk):

Do you have leaks on ACTA?

Yes, we have leaks on the Anti-Counterfeiting Trade Agreement, a trojan horse trade agreement designed from the very beginning to satisfy big players in the US copyright and patent industries. In fact, it was WikiLeaks that first drew ACTA to the public’s attention – with a leak.

Recommended reading.

Showdown for free speech in Germany

As previously discussed it does not look good at all for blogging, online indie media, art and free speech in Germany. Next week might already tell if Berlin and Germany will still be a relevant place to be for new media, online art and anyone considering investing time and money in this country:

Berlin: Infoveranstaltung & Entscheidung zum JMStV (www.netzpolitik.org)

JMStV: Emails an Abgeordnete (www.netzpolitik.org)

And there is yet another potentially serious problem for bloggers in Germany, the Leistungsschutzrecht: think of it as software patents for snippets of words. Basically established media will have exclusive rights to certain phrases they “created”. The article says a website explaining the problem will go online in mid-December.

Ein neues Monopol mit irreführendem Namen (www.heise.de)

Update 1: This is related… One wonders if the same might not have happened in Germany in regards to the JMStV…?!

Wikileaks cables reveal that the US wrote Spain’s proposed copyright law (www.boingboing.net)

Update 2: The Wikileaks Copyright Cables: Confirmations Not Revelations (www.michaelgeist.ca)


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…

 


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