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The Network Society - University of Massachusetts Amherst

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298 <strong>The</strong> <strong>Network</strong> <strong>Society</strong><br />

A Legal Plan against Liberties<br />

At the legislative level, this same initiative has also been working<br />

with the aim <strong>of</strong> criminalizing developers <strong>of</strong> technological and scientific<br />

applications that endeavour to produce alternatives to the restrictions<br />

imposed by the proprietary technology. In the USA the so-called<br />

Digital Millennium Copyright Act (DCMA) is already in force. It<br />

severely punishes those who dare to ignore the restrictions. <strong>The</strong><br />

DCMA is one <strong>of</strong> the United States laws included in the FTAA package,<br />

meaning that such laws can be extended to countries that have<br />

signed the treaty. <strong>The</strong> European Union is also under pressure from<br />

powerful lobbyists who are trying to impose a clone <strong>of</strong> this anti-democratic<br />

law and the patentability <strong>of</strong> s<strong>of</strong>tware upon the Member States<br />

and the European Parliament. This is legislation that is outlawing citizens,<br />

based on the extension <strong>of</strong> laws which were born out <strong>of</strong> industry<br />

regulations, i.e. for material products, and which may have made sense<br />

at a certain time to immaterial (digital) products with a (re)production<br />

cost <strong>of</strong> practically zero. This criminalization does not make sense in<br />

the new information society. With the argument that one is protecting<br />

the commercial interests <strong>of</strong> digital contents, the rights <strong>of</strong> the citizens<br />

to the legitimate use <strong>of</strong> materials with their copyright guaranteed<br />

under the industrial legislation are being taken away. We have the<br />

right to lend and borrow printed books. We have the right to tape or<br />

copy a music CD or a video tape for non-commercial purposes. We<br />

have the right to partially copy a book in a library or borrowed from a<br />

friend to increase our knowledge on certain subjects. However, these<br />

rights are threatened in the digital sphere. “Cyber rights” must not<br />

have totalitarian and fascist preconditions. <strong>The</strong>se laws and initiatives<br />

in the technological fields directly affect all individuals, authors and<br />

programmers and should not be dealt with only from the perspective<br />

<strong>of</strong> the monopolistic industry giants.<br />

Brazil at the 1st World Summit on the Information<br />

<strong>Society</strong><br />

<strong>The</strong> first phase <strong>of</strong> the World Summit on the Information <strong>Society</strong>, 7 an <strong>of</strong>ficial<br />

UNO event that took place on 11 to 13 December 2003 in Geneva,<br />

Switzerland, was marked by the pr<strong>of</strong>ound differences between the interests <strong>of</strong><br />

7 http://www.itu.int/wsis/

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