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German native speaker here.

Sadly the basic facts of the article are correct.

There is a levy on different media and also on machines capable of copying content (yes, there is a levy on computers in Germany). The height of the levy is negotiated with the producers of the product, represented by Bitcom, and the respective "Verwertungsgesellschaft" which in this case is the ZPÜ.

The "Verwertungsgesellschaft" negotiating the levy for (paper) copying machines would be the VG-Wort.

Negotiations for USB-Sticks failed, so the ZPÜ made a unilateral move and simply set the new levy to said price.

Bitcom states in the original article (on heise.de), that one part of the underlying law has not been properly respected, namely §54a, Absatz 4 which stated that the levy has to have a sane relation to the price of the media.

They are expecting a lengthy lawsuit with the adverse effect that the producers of sticks have to set aside some money for the case of losing. In addition to that they expect the european market to become skewed since there is no such levy in switzerland and other neighbouring countries where consumers can easily order sticks.



Personal comment:

Most of the people in Germany don't seem to be aware of the situation, simply not knowing that there is such a levy. Most of them also don't even know that they are allowed to make private copies (aka Privatkopie), and fall for the 'U r all pirates' propaganda of the content industry.

Friends are often astonished when they joke about pirating while we swap music and when I subsequently tell them, that what we are doing is absolutely legal.

Those tech savy of us who are aware about the situation are massively annoyed. Basically because THEY are taking our money as compensation for the Privatkopie while spreading propaganda that copying is illegal. WITH THE MONEY WE GAVE THEM.

Head of the ministry of justice, Mrs Leutheuser-Schnarrenberger, recently made a move and suggested a reform of the Urheberrecht and copyright in Germany (http://www.heise.de/newsticker/meldung/Justizministerin-fuer...)

While she is member of the dreaded neoliberal FDP, she is actually one of the very few politicians acting in favour of the developing information society. For example she is taking a stance against the EU data retention laws (Vorratsdatenspeicherung).

PS: whishing the term "Privatkopie" would become part of the english spoken world just like "Zeitgeist", "Gestalt" or "Kindergarten".


Jupp. Not much people in my circle do know about any of these "taxes".

I really "like" (sarcasm) the levy on smartphones. This one is 36 Euros. Sad, but true. The problem with these "taxes" is, that the "Verwertungsgesellschaften" give the money to artists or labels but there the big fishes do profit most.

But the lobbying argument is, that all artists strife, because of these "taxes".


Good luck with all that, in the UK, 'format shifting' (i.e. ripping a CD to mp3 to put it on your phone) is still a criminal offence, copyright act has not been changed despite undertakings from both recent governments.

I'm quite interested in what happens in Germany with second hand computers. Many computers end up in recycling or landfill when they could be used for some further time. Do the small computer shops/people on ebay still have to pay a levy? Is the levy a percentage of the asking price or a flat fee like the original article points out is the case for media?


AFAIK the levy on computers is only for the first retail, not on subsequent second hand sales. It is a fixed rate for a category of products.




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