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Government Piracy Politics Your Rights Online

US Negotiators Cave On Internet Provisions To ACTA 80

Hugh Pickens writes "Ars Technica reports that with the release of the 'near-final' ACTA text (PDF), it is becoming clear that the US has caved on the most egregious provisions from earlier drafts (advocating 'three strikes' regimes, ordering ISPs to develop anti-piracy plans, promoting tough DRM anticircumvention language, setting up a 'takedown' notification system, ordering 'secondary liability' for device makers) and has largely failed in its attempts to push the Digital Millenium Copyright Act (DMCA) onto the rest of the world. Apparently, a face-saving agreement is better than no agreement at all — but even the neutered ACTA could run into problems, with Mexico's Senate recently approving a nonbinding resolution asking for the country to suspend participation in ACTA, while key members of the European Parliament have also expressed skepticism about the deal."
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US Negotiators Cave On Internet Provisions To ACTA

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  • by ciaran_o_riordan ( 662132 ) on Friday October 08, 2010 @08:12AM (#33834614) Homepage

    For software patents, the key thing to check is if ISPs will have liability for not removing stuff that a patent holder claims violates his patents. If that's still there, then we'll get DMCA take-down notices for software patents. More on the problem here:

    * http://en.swpat.org/wiki/ACTA_and_software_patents [swpat.org]

    * http://en.swpat.org/wiki/Anti-Counterfeiting_Trade_Agreement_overview [swpat.org]

  • by ciaran_o_riordan ( 662132 ) on Friday October 08, 2010 @08:30AM (#33834694) Homepage

    First line of page 8. The general worry would be that patent holders would gain the power to, by sending a letter, turn ISPs or other parts of the distribution chain from innocent bystanders into entities that are "knowingly" taking part in the infringement. But, this text doesn't look too worrying - anyone agree/disagree?

    Each Party shall provide that in civil judicial proceedings, its judicial authorities shall have the authority to order the infringer who knowingly or with reasonable grounds to know, engaged in infringing activity of intellectual property rights, to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement.

    Also good news is that the whole part ("Section 2") might explicitly exclude patents altogether, if the USA's footnote is approved: (end of page 6)

    {US: For the purpose of this Agreement, Parties agree that patents do not fall within the scope of this Section.}

    What other parts need scrutiny?

  • The fix it! (Score:2, Interesting)

    by Anonymous Coward on Friday October 08, 2010 @08:37AM (#33834730)

    If you think the system is broken, then join the people working to fundamentally change it at the core. [metagovernment.org]

    It is either that, or continue to complain but have absolutely no effect whatsoever. Which is preferable?

  • by Anonymous Coward on Friday October 08, 2010 @08:42AM (#33834770)

    In fact, it was never alive. Representative Republics are not Democracies. Frankly, Democracy should scare the hell out of you. Do you want the people watching Jersey Shore directly enforcing their will upon you?

    The picking of nits aside... I'm starting to believe the loonies who buy tons of desolate land and huddle in their basements while armed with enough firepower to end any zombie uprising aren't so crazy. Yes, yes, so it's not the UN attempting to eliminate our sovereignty; it's something far, far worse - the MPAA and RIAA.

  • by Anonymous Coward on Friday October 08, 2010 @08:47AM (#33834796)

    http://en.wikipedia.org/wiki/Strategic_Arms_Limitation_Talks [wikipedia.org]

    Those were held in secret. We *knew* they were going on. But until they big flourish of signing the things we didnt really know what was in them.

    Secrecy has its place (such as in the salt talks exactly what you were working on and how much of everything you had). But in the case of copyright negotiations? Come on...

    Also correct me if I am wrong here but wasnt the DMCA because of a treaty? Yet suddenly all the other countries do not want it. So why exactly did we in the US get stuck with harsher rules? These are questions we should be asking our senators and congressmen.

  • by Anonymous Coward on Friday October 08, 2010 @08:56AM (#33834856)

    We can't have secret treaties become law in democratic countries. It would be the end of democracy as we know it.

    Democracy has been getting ass raped by corporations and lobbyists for years.

    Governments are more than willing to trash democratic principles and legal freedoms in the name of "national security" and "fighting terrorism" bogeymen. They have secret negotiations where they won't tell us what happened, but expect us to live with the outcome.

    At any given time, mankind is only a few months away from completely devolving into uncivilized barbarians. A significant portion of the worlds populace doesn't want you to have freedom if it means there is any chance you might offend their religion.

    We're all fucked, embrace the horror and ride the rocket all the way in.

    Fuck the world.

  • by Joe The Dragon ( 967727 ) on Friday October 08, 2010 @09:35AM (#33835110)

    big companies just don't to pay for Health Care now but in 2014 then people will have more choice.
    But how can the big McDonalds have so much over head in there min med plan? and THE Republican ARE THE ONES who WANT TO KILL THE Health Care bill so ANY THING CAN BE A pre existing conditions so if you get sick and run up a big bill they have a way out. SELL OVER STATE LINE will just lead to ONE STATE being the only place to get Health Care and it will be the one that lets them have lowers forced stuff they must cover with no price control.

    and the Republican are the ones WHO VOTED DOWN THE punish companies who ship jobs overseas bill!

  • by rcb1974 ( 654474 ) on Friday October 08, 2010 @10:29AM (#33835592) Homepage

    Will someone please tell me which of our elected US representatives plan to sign this? I want to know so that I will never vote for them and so that I can encourage all my friends and family to never vote for them.

  • free play (Score:3, Interesting)

    by falconwolf ( 725481 ) <falconsoaring_2000 AT yahoo DOT com> on Saturday October 09, 2010 @12:04AM (#33843316)

    Aside from all the talk of Intellectual Property rights laws and protectionism, the video game company Turbine and the band Radiohead have a successful 'pay what you want' model that is profitable.

    The Grateful Dead [wikipedia.org], who John Perry Barlow [wikipedia.org] one of the founders of EFF was a lyricist for, allowed concert goers to record their music.

    Falcon

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