Stories
Slash Boxes
Comments

SoylentNews is people

posted by janrinok on Sunday January 22, @04:53AM   Printer-friendly
from the sounds-like-someone-has-their-priorities-mixed-up dept.

Finnish Parliament reminds us that copyright should not trump fundamental human rights:

One of the key dogmas the copyright industry fights hard to impose on the world is that copyright should trump all other considerations, and in all situations. For its supporters, copyright should even be placed above basic human rights, if ever a clash arises between them. For the most part, legislators and judges have allowed this distorted viewpoint to be spread unchallenged, as Walled Culture noted with regret in November last year. That fact makes the following news from Finland, reported by Benjamin White on the site of the Association of European Research Libraries (LIBER), important:

In October 2022 we witnessed a significant development in Finland, with the Parliament's Constitutional Law Committee concluding that the government's draft implementation of the Copyright in the Digital Single Market Directive is not in line with the Finnish constitution. In particular, the Committee found that it conflicted with human rights – namely the right to education and science under Section 16 of the Finnish Constitution.

White points out:

Academic commentators have long argued that copyright, and indeed other intellectual property rights, risk undermining fundamental rights in their application. Given the obligation on governments to make careful judgements in situations of legal conflict, fundamental rights undoubtedly provide a clear reason for limiting the scope of IP rights.

[...] The Finnish move is of particular interest for the following reason:

Until developments in the autumn of this year in the Finnish Parliament, we have been unaware of the fundamental human right to education and science being used in practice by European legislators to challenge the broadening scope of exclusive rights under copyright law.

We need other legislators and lawyers to follow the Finnish example and recognise that fundamental and universal rights matter more than the supposed sanctity of copyright, which only benefits corporations and a tiny number of "star" creators.


Original Submission

This discussion was created by janrinok (52) for logged-in users only. Log in and try again!
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
(1)
  • (Score: 4, Informative) by RamiK on Sunday January 22, @10:24AM (3 children)

    by RamiK (1813) on Sunday January 22, @10:24AM (#1288045)

    It's from the EU's Charter of Fundamental Rights:

    1. Everyone has the right to education and to have access to vocational and continuing training.
    2. This right includes the possibility to receive free compulsory education.
    3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

    EU Charter of Fundamental Rights; Title II - Freedoms; Article 14 - Right to education [europa.eu]

    The UN has a narrower right that doesn't conflict with IP and, to my knowledge, isn't legally binding:

    1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
    2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
    3. Parents have a prior right to choose the kind of education that shall be given to their children.

    Universal Declaration of Human Rights; Article 26 [un.org]

    The U.S. Constitution doesn't mention a right to education.

    --
    compiling...
    • (Score: 2) by canopic jug on Sunday January 22, @12:32PM

      by canopic jug (3949) on Sunday January 22, @12:32PM (#1288049) Journal

      The U.S. Constitution doesn't mention a right to education.

      That's generally considered to be covered by the 14th Amendment [concordlawschool.edu], though that consideration is due more to a common way of interpretation [cornell.edu] than anything explicitly in the text.

      --
      Money is not free speech. Elections should not be auctions.
    • (Score: 2) by JoeMerchant on Sunday January 22, @02:37PM

      by JoeMerchant (3937) on Sunday January 22, @02:37PM (#1288055)

      Oh, but if copyright is weakened in educational materials, think of the impacts to those poor outdated school textbooks - they will only get worse, and the decision makers in the school boards might miss out on their annual trips to Cancun sponsored by the book companies.... How sad...

      --
      Україна досі не є частиною Росії. https://en.interfax.com.ua/news/general/878601.html Слава Україні 🌻
    • (Score: 3, Funny) by crafoo on Sunday January 22, @04:47PM

      by crafoo (6639) on Sunday January 22, @04:47PM (#1288063)

      It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace

      Gross. Absolutely inhuman, foul, and disgusting.

(1)