In these days falls on an anniversary: the Copyright Law ( Law 22 April 1941, n. 633 ) has turned 68, yet there is little to celebrate. And not just because the years are taking their toll, but also because the "tweaks" to which the Act has undergone in recent years appear to be poorly managed, and those who dovrebberero be adopted in the future are even worse.
Let me be clear, I do not think that the copyright has had its day, anything! But I believe that laws should take note of how the technological revolution has changed the way of using the copyright work, so that the "old" rules no longer holds good even holders of rights, let alone to consumers and users.
It 'a few days ago, the Declaration of Paulo Cohelo that not only - through a blog - it shows the links to download free books, but has publicly admitted that the peer to peer, far from having penalized, made him still sell multiple copies.
Link:
This shows how to authors, consumers and market operators have now taken note of the technological revolution. And the right? Reading the news these days, I thought that the monster is right behind.
If it is normal that the law necessarily comes after the social phenomena is to regulate in this area, the delay is very serious, this is a delay in understanding the phenomena that results in the inability to dictate appropriate regulatory solutions. It 'a worldwide phenomenon, which borders Italy takes even more worrying.
A couple of examples.
Much talk was made of the case The Pirate Bay following the condemnation of the Court of Stockholm , I agree that it is a bad sign, but at least the answer (wrong) arrived in quick time after all. How many will remember, even in Italy the Pirate Bay is involved in criminal proceedings: the seizure provisions of the Court of Bergamo in August 2008 and canceled a few weeks later , will be asked to rule definitively on the Court of Cassation ... but only 29 September 2009. Meanwhile, as I understand it, the preliminary investigations are not yet closed.
By the laws are no better, while Europe and even the French have rejected the doctrine called Sarkozy (which involves detachment from the Net for people who make you liable for copyright infringement), Italy may be the only country to implement uncritically.
Just as our recall to remain the only country that chooses the so-called "dot" as a tool against multimedia piracy.
The Government has in fact decided to restore , even retroactively, the obligation of the CD marker already declared illegal by the European Court of Justice .
With the decree n. 31/2009 (entered into force on its April 21, 2009), the Italian state - regardless of criticism - not only decided to continue fighting piracy through an obsolete, but even extended the requirement to affix the well to other media such as USB and SD memory card, with a measure, difficult to implement, which will create additional problems not only to businesses and consumers, but the whole Italian cultural industry.
It does not seem a great way to celebrate a birthday.