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Dendriet is a network of musicians in The Hague (.nl) that perform with networked electronic and acoustic instruments. The word dendriet, or dendrite, is also the name for the receptors of a nervecell. Dendrites are typically branching branches. You'll find these fractal shapes in ice, in metal chrystals in limestone, and likewise, in our performance setups. Please do check out our homepage by clicking the stone. You too are invited to join the discussions.
22.3.04
House searches?
I overlooked this last week, but the new dutch laws are even stricter then the american laws. I read the news on the BoF site. Brein, the dutch strong arm of the RIAA equivalent is allowed to do house searches with a "deurwaarder". They do not need the police to get access to your house!
Brein, however, denies this: They say they do need to ask permission from a judge, still. How can these two readings differ so much?
Close reading Brein's article unveils why they need permission from a judge: ISP's have stated in their regulations that they won't share the data they have about you, unless a judge forces them to. So the ISP is protecting the internetter from the house searches, not the dutch law. Not suprisingly, Brein argues that the ISP's should open up about their 'criminal' customers.
What strikes me, is that it isn't exactly clear what laws I break, should I download something that is copyrighted through RIAA or Buma/Stemra, nor to what extend I break them. It's clear that they do not want me to copy, but there are many cases in which it is perfectly legal to download music, like ours. Also, the term copyrighted isn't clear to me anymore. As an example, our music IS copyrighted. Even politicians differ in the way they read the law on music-copyrights. It's borders are unclear.
Currently, Brein's focus is on the uploaders, not on the downloaders. Also, thay say they will warn first. But these are policies, not rules, nor a laws. Can they change this over night? And what about the fact that p2p traffic isn't one-way traffic like a www download?
How do I trigger a house search? What is a "reasonable suspicion"? Do they look for Kazaa upload? (I do not do kazaa, anyway) or is the sheer fact that I have a certain amount of data current enough to make them suspicious?
It is time that Brein publishes very very clear rules and a very clear description of their methods. It is not clear now, because they only discuss the cases in which it is clear. Also, mp3 files should have a tag that explains under what license they it is distributed, or it's original was distributed.
Brein, however, denies this: They say they do need to ask permission from a judge, still. How can these two readings differ so much?
Close reading Brein's article unveils why they need permission from a judge: ISP's have stated in their regulations that they won't share the data they have about you, unless a judge forces them to. So the ISP is protecting the internetter from the house searches, not the dutch law. Not suprisingly, Brein argues that the ISP's should open up about their 'criminal' customers.
What strikes me, is that it isn't exactly clear what laws I break, should I download something that is copyrighted through RIAA or Buma/Stemra, nor to what extend I break them. It's clear that they do not want me to copy, but there are many cases in which it is perfectly legal to download music, like ours. Also, the term copyrighted isn't clear to me anymore. As an example, our music IS copyrighted. Even politicians differ in the way they read the law on music-copyrights. It's borders are unclear.
Currently, Brein's focus is on the uploaders, not on the downloaders. Also, thay say they will warn first. But these are policies, not rules, nor a laws. Can they change this over night? And what about the fact that p2p traffic isn't one-way traffic like a www download?
How do I trigger a house search? What is a "reasonable suspicion"? Do they look for Kazaa upload? (I do not do kazaa, anyway) or is the sheer fact that I have a certain amount of data current enough to make them suspicious?
It is time that Brein publishes very very clear rules and a very clear description of their methods. It is not clear now, because they only discuss the cases in which it is clear. Also, mp3 files should have a tag that explains under what license they it is distributed, or it's original was distributed.
