November 5th, 2009
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New ACTA copyright treaty dodges the UN, poor countries and activists
Oh yes, that's right, probably most of you haven't heard of this. Thanks those rich, greedy bastards.
Michael Geist sez, "The World Intellectual Property Organization may be best known for the Internet treaties that led to the DMCA, but in recent years groups like EFF, KEI, and Public Knowledge has helped to open things up and move toward a Development Agenda that better balances international intellectual property policy. That progress may be threatened by the Anti-Counterfeiting Trade Agreement, which officials now acknowledge is designed to exclude WIPO, developing countries, and NGOs."
Moreover, the criminal provisions go well beyond clear cases of commercial infringement by including criminal sanctions such as potential imprisonment for "significant wilful copyright and trademark infringement even where there is no direct or indirect motivation of financial gain."
[...] Canadian officials recently hosted a public consultation during which they acknowledged the true motivation behind the ACTA. Senior officials stated that there were really two reasons for the treaty. The first, unsurprisingly, was concerns over counterfeiting. The second was the perceived stalemate at WIPO, where the growing emphasis on the Development Agenda and the heightened participation of developing countries and non-governmental organisations have stymied attempts by countries such as the United States to bull their way toward new treaties with little resistance.
Given the challenge of obtaining multilateral consensus at WIPO, the ACTA negotiating partners have instead opted for a plurilateral approach that circumvents possible opposition from developing countries such as Brazil, Argentina, India, Russia, or China. There have been hints of this in the past - an EU FAQ [frequently asked questions] document noted that "the membership and priorities of those organisations [G8, WTO, WIPO] simply are not the most conducive" to an ACTA-like initiative - yet the willingness to now state publicly what has been only speculated privately sends a shot across the bow for WIPO and the countries that support its commitment to multilateral policymaking.
This? So funny to me. Thanks your leaders. Again, what you say people is what us, with little power, have to do.
Secret copyright treaty leaks. It's bad. Very bad.
The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama's administration refused to disclose due to "national security" concerns, has leaked. It's bad. It says:
* * That ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn't infringing will exceed any hope of profitability.
* * That ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet -- and hence to civic participation, health information, education, communications, and their means of earning a living -- if one member is accused of copyright infringement, without access to a trial or counsel.
* * That the whole world must adopt US-style "notice-and-takedown" rules that require ISPs to remove any material that is accused -- again, without evidence or trial -- of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.
I hate you so much right now.