From nextgens at freenetproject.org  Tue Apr  3 10:50:18 2007
From: nextgens at freenetproject.org (Florent =?iso-8859-1?Q?Daigni=E8re_=28NextGen$=29?=)
Date: Tue, 3 Apr 2007 12:50:18 +0200
Subject: [freenet-chat] Testing, please ignore
Message-ID: <20070403105017.GB3905@freenetproject.org>

I'm testing the mailing list, please ignore.


From toad at amphibian.dyndns.org  Tue Apr 17 18:51:38 2007
From: toad at amphibian.dyndns.org (Matthew Toseland)
Date: Tue, 17 Apr 2007 19:51:38 +0100
Subject: [freenet-chat] BW )(: BBC: Two cautioned over wifi "theft"
Message-ID: <20070417185138.GE30063@amphibian.dyndns.org>

http://news.bbc.co.uk/1/hi/england/hereford/worcs/6565079.stm

"Neighbours in Redditch, Worcestershire, contacted police on Saturday
after seeing a man inside a car using a laptop while parked outside a
house.
...
The man arrested at the weekend was cautioned for dishonestly obtaining
electronic communications services with intent to avoid payment.
...
he had put up cardboard around his car windows but the light from his
computer could be seen through the back window."

So all you wardrivers out there, watch out!
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_______________________________________________
Bristolwireless mailing list
Bristolwireless at lists.psand.net
http://lists.psand.net/cgi-bin/mailman/listinfo/bristolwireless

From nobody at pboxlevel3.homelinux.net  Wed Apr 18 16:12:38 2007
From: nobody at pboxlevel3.homelinux.net ([Anon] Anon User)
Date: Wed, 18 Apr 2007 18:12:38 +0200 (CEST)
Subject: [freenet-chat] [freenet-support] When will openned be released?
Message-ID: <20070418161238.03E25437D1@pboxlevel3.homelinux.net>

This is a Type III anonymous message, sent to you by the Winston Smith
Project Pboxmix mixminion server at pboxmix.winstonsmith.info. If you
do not want to receive anonymous messages, please contact pbox-
admin at winstonsmith.info. For information about anonymity, see
https://www.winstonsmith.info/pws or
https://e-privacy.firenze.linux.it.

-----BEGIN TYPE III ANONYMOUS MESSAGE-----
Message-type: plaintext

In  "JT" <toruser at fastmail.fm> wrote:
>Hi,
>
>are there any concrete plans yet for releasing opennet?
>Midyear? End of the year?


*bump*


...rough guesstimation?


-----END TYPE III ANONYMOUS MESSAGE-----


From fritz at spamexpire-200704.rodent.frell.theremailer.net  Fri Apr 20 02:27:52 2007
From: fritz at spamexpire-200704.rodent.frell.theremailer.net (Fritz Wuehler)
Date: Fri, 20 Apr 2007 04:27:52 +0200
Subject: [freenet-chat] Why is nextgens trying to kill 0.5?
Message-ID: <05037c63aa444474ebf34b127066af38@msgid.frell.theremailer.net>


Why is nextgens trying to kill 0.5?  If he doesn't want to use 
it then why doesn't he just not use it and filter out stuff he 
doesn't want to read on 0.7?

Don't believe me? Here is proof of the dastard's intent:

> [20:12:25] <nextgens> Zothar_Work> I need to talk about bringing 0.5 down with toad
> [20:12:38] <nextgens> Zothar_Work> I've got some ideas on how to do it
> [20:12:52] <nextgens> that would definitly shut up 0.5 trolls, wouldn't it ?
> [20:14:08] <Zothar_Work> nextgens: yeah, that would probably do it
> [20:14:13] <FuriousRage> censoring at hand?
> [20:14:24] <nextgens> it's not about censoring
> [20:14:30] <Zothar_Work> I find it interesting that Frost on 0.5 doesn't seem to be having the board spoofing problem 0.7 does
> [20:14:36] <nextgens> it's about prooving that 0.5 has to be replaced :)
> [20:14:43] <Zothar_Work> FuriousRage: vulnerability demonstration
> [20:15:19] <Zothar_Work> that would be indirect "settling"



From toad at amphibian.dyndns.org  Wed Apr 25 12:37:26 2007
From: toad at amphibian.dyndns.org (Matthew Toseland)
Date: Wed, 25 Apr 2007 13:37:26 +0100
Subject: [freenet-chat] IPRED2 passes first reading in EP was
	[ante@ffii.org: Legal certainty,
	the young generation and innovation at stake in the European Union]
Message-ID: <20070425123726.GC2909@amphibian.dyndns.org>

http://www.ipred.org/MainPage (the first block).

Patents are out, so the entire EU software industry will not be
criminalised overnight. However the text about "inciting" remains, so
presumably also does the "aiding and abetting" part. The JURI definition
of "commercial scale" also went through; this may or may not protect
individual consumers using filesharing.

So potentially: (IANAL!)
- Developing freenet is aiding, abetting and/or inciting copyright
  infringement, and will be illegal, and imprisonable.
- Running it likewise.
- Inciting somebody to run a node might conceivably be covered.
- As might providing tools that can be used for copyright infringement
  (e.g. operating systems which don't have all of Vista's crippleware
  may be regarded as inciting infringement, if we are very unlucky).
- The definition of "commercial scale" is attacked by FFII and libraries
  as weak, so we'll see whether it protects downloaders.
- However existing "liability systems" allowed for ISPs are preserved:
  Directive 2000/31/EC. For a node operator to hide behind art 12's "mere
  conduit" status this they would have to a) provide their name, physical
  address and email address to users and competent authorities (art5(1);
  no idea how the latter point is implemented), and b) remove and block
  keys on demand (art 12, 13, 14). Not doing so would presumably remove
  them from this system and subject them to IPRED2's criminal penalties.
  (Incidentally this appears to allow for compelling an ISP to block
  access to a specific website).

  http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32000L0031&model=guichett

Timeline: IPRED2 still has to go through the Council. It might have to
go all three readings, or it might be passed quickly. Once it has
passed there will be 18 months for member states to implement it.

More information:
http://press.ffii.org/Press_releases/Carte_Blanche_criminal_law_a_threat_to_innovation
And links from there. And see the below first.

----- Forwarded message from Ante Wessels <ante at ffii.org> -----

From: Ante Wessels <ante at ffii.org>
To: ipred2 at ffii.org
Cc: bxl at ffii.org
Subject: Legal certainty,
	the young generation and innovation at stake in the European Union

initial reaction, after the EP vote:

http://www.ipred.org/MainPage

vriendelijke groet,
cordialmente,

Ante

----- End forwarded message -----
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From toad at amphibian.dyndns.org  Thu Apr 26 15:15:46 2007
From: toad at amphibian.dyndns.org (Matthew Toseland)
Date: Thu, 26 Apr 2007 16:15:46 +0100
Subject: [freenet-chat] [media-help@ffii.org: [ffii] European Parliament
	Criminalises Businesses, Consumers, Innovators]
Message-ID: <20070426151546.GD14228@amphibian.dyndns.org>

----- Forwarded message from FFII Press Center <media-help at ffii.org> -----

From: FFII Press Center <media-help at ffii.org>
To: news at ffii.org
Subject: [ffii] European Parliament Criminalises Businesses, Consumers,
	Innovators

PRESS RELEASE -- [ Europe / Economy / Innovation ]

========================================================================
European Parliament Criminalises Businesses, Consumers, Innovators
========================================================================

Strasbourg, 25 April 2007 -- The European Parliament today accepted the 
IP Criminal Measures directive after its first reading in a vote of 374 
to 278, and 17 abstentions. It left several unexamined rights in the 
scope, and threatens to criminalise consumers and incriminate ISPs. 
Recommendations from an alliance of libraries, consumers and innovators 
were not followed, although Parliament was clearly divided on several 
issues.

A summary of the adopted text follows:
* Apart from copyright (piracy) and trademarks (counterfeiting), also 
the unexamined database and design rights are included in the scope, as 
well as trade names (which do not fall under Community Law). Patents and 
utility models (petty patents) are excluded;
* A weak definition of "commercial scale" was adopted. It does not 
clearly protect consumers and the young generation;
* Inciting an IPR infringement is criminalised. This introduces 
liabilities for software and service providers;
* Abuse of the measures provided by this directive are punishable, 
"fair use"-like actions such as infringing for the purpose of criticism, 
research and reporting are removed from the scope, and the neutrality of 
the investigations should be safeguarded.

"Terrorists illegally copying and selling phone directories will 
probably not sleep very well tonight. Neither will spare parts makers 
who, according to Parliament, should risk criminal penalties if they 
infringe on a part's design right. It is very strange that the 
rapporteur insisted on having these unexamined database and design 
rights included in the scope", said Jonas Maebe, FFII analyst.

"Today, 'inciting' is only criminal in some member states, and in 
exceptional cases such as hate speech. Elevating IPRs to the same level 
is a scary development. The inciting clause is also reminiscent of the 
US 'Induce Act', which threatened to make MP3 players such as the iPod 
illegal", Maebe added.

He continued: "On the positive side, Parliament did decide that abuse of 
these misguided measures has to be punishable, and that the neutrality 
of investigations should be safeguarded. It also explicitly mentioned 
several statutory exceptions to IPRs, where criminal measures should not 
be applied."

"We are also thankful for the strong support our position received from 
the Greens/EFA and GUE/NGL groups, as well as from several Members of 
the EPP, PSE and ALDE groups. A number of Members from the EPP and PSE 
groups afterwards concurred that the directive did not get the time it 
deserved for discussion, and that many Members became aware of its 
dangers too late", Maebe said.

The directive now goes to the Council for its first reading. Several 
Council members, such as the Dutch and UK governments, have already 
expressed serious concerns about the scope and nature of this directive. 
Maebe concluded: "We hope that they will take the joint recommendations 
of law experts and civil society into account more fully."


========================================================================
Background information
========================================================================

The Commission introduced the Criminal Measures IP directive, also known 
as IPRED2 or Criminal Enforcement directive, as a way to combat 
organised crime and terrorism. It would do so by turning all 
intentional, commercial scale infringements of all IP rights into a 
criminal offence.

The problem with this logic is that very few infringements have anything 
to do whatsoever with criminal activities, let alone with terrorism. 
Furthermore, the TRIPs treaty already requires criminal measures against 
commercial scale copyright piracy and counterfeiting, and in most other 
cases civil law is more appropriate.

The directive is also controversial because it is the first time that 
the European Parliament is co-legislating criminal law in the EU to such 
an extent. This also means that individual governments lose their veto 
power when the directive will be treated in the Council.


========================================================================
Links
========================================================================

* Examples demonstrating the consequences of the adopted text
http://action.ffii.org/ipred2/Plenary1_Tabled_Amendments/Consequences

* Overview of the tabled amendments
http://action.ffii.org/ipred2/Plenary1_Tabled_Amendments

* Result of the vote
http://action.ffii.org/ipred2/Plenary1_Tabled_Amendments?action=AttachFile&do=get&target=plen1-results.pdf

* Coalition of libraries, innovators and consumers criticises directive
http://press.ffii.org/Press_releases/Carte_Blanche_criminal_law_a_threat_to_innovation

* UK Government position on the tabled amendments
http://action.ffii.org/ipred2/UK_Government_Advice_for_Plenary1

* Dutch Parliament says No to European criminal law against IP violations
http://press.ffii.org/Press_releases/Dutch_Parliament_says_No_to_European_criminal_law_against_IP_violations

* Permanent link to this press release
http://press.ffii.org/Press_releases/European_Parliament_Criminalises_Businesses%2C_Consumers%2C_Innovators


========================================================================
Contact information
========================================================================

Benjamin Henrion
FFII Brussels
+32-2-414 84 03 (fixed)
+32-484-56 61 09 (mobile)
bhenrion at ffii.org
(French/English)

Ante Wessels
FFII analyst
+31 6 100 99 063
ante at ffii.org
(Dutch/English)

Jonas Maebe
FFII analyst
jmaebe at ffii.org
(Dutch/English)


========================================================================
About the FFII -- http://www.ffii.org
========================================================================

The FFII is a not-for-profit association registered in twenty European
countries, dedicated to the development of information goods for the
public benefit, based on copyright, free competition, open standards.
More than 850 members, 3,500 companies and 100,000 supporters have
entrusted the FFII to act as their voice in public policy questions
concerning exclusion rights (intellectual property) in data processing.

_______________________________________________
FFII Press Releases.
(un)subscribe via https://lists.ffii.org/mailman/listinfo/news, or contact 
media at ffii.org for more information.


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