Archive for November 3rd, 2009

The ACTA Internet Chapter: Putting the Pieces Together

The Anti-Counterfeiting Trade Agreement negotiations continue in a few hours as Seoul, Korea plays host to the latest round of talks.  The governments have posted the meeting agenda, which unsurprisingly focuses on the issue of Internet enforcement [UPDATE 11/4: Post on discussions for day two of ACTA talks, including the criminal enforcement provisions][UPDATE 11/5: Post on discussions for day three on transparency].  The United States has drafted the chapter under enormous secrecy, with selected groups granted access under strict non-disclosure agreements and other countries (including Canada) given physical, watermarked copies designed to guard against leaks.

Despite the efforts to combat leaks, information on the Internet chapter has begun to emerge (just as they did with the other elements of the treaty). [Update 11/6: Source document now posted]  Sources say that the draft text, modeled on the U.S.-South Korea free trade agreement, focuses on following five issues:

1.   Baseline obligations inspired by Article 41 of the TRIPs which focuses on the enforcement of intellectual property.

2.   A requirement to establish third-party liability for copyright infringement.

3.   Restrictions on limitations to 3rd party liability (ie. limited safe harbour rules for ISPs).  For example, in order for ISPs to qualify for a safe harbour, they would be required establish policies to deter unauthorized storage and transmission of IP infringing content.  Provisions are modeled under the U.S.-Korea Free Trade Agreement, namely Article 18.10.30.  They include policies to terminate subscribers in appropriate circumstances.  Notice-and-takedown, which is not currently the law in Canada nor a requirement under WIPO, would also be an ACTA requirement.

4.   Anti-circumvention legislation that establishes a WIPO+ model by adopting both the WIPO Internet Treaties and the language currently found in U.S. free trade agreements that go beyond the WIPO treaty requirements.  For example, the U.S.-South Korea free trade agreement specifies the permitted exceptions to anti-circumvention rules.  These follow the DMCA model (reverse engineering, computer testing, privacy, etc.) and do not include a fair use/fair dealing exception.  Moreover, the free trade agreement clauses also include a requirement to ban the distribution of circumvention devices.  The current draft does not include any obligation to ensure interoperability of DRM.

5.   Rights Management provisions, also modeled on U.S. free trade treaty language.

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November 3, 2009 306 comments News

Govt Responds To IP Enforcement Criticism, Proposes Changes to Proceeds of Crime Rules

One of the longstanding demands from lobby groups seeking reforms to Canada's IP enforcement rules has been changes to the Proceeds of Crime Program. The POCP permits the forfeiture of wealth accumulated through criminal activities.  While many statutes qualify, the Copyright Act does not.  The rationale for excluding the Copyright […]

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November 3, 2009 2 comments News

Wagman on the Fee-For-Carriage Fight

"What this is really about is a profound lack of imagination by all involved."

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November 3, 2009 3 comments Must Reads

CBC on Fee-For-Carriage

CBC's The National covered the fee-for-carriage issue last night, including a shout-out to greater consumer choice.

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November 3, 2009 1 comment Must Reads

Study Finds DVRs Help Broadcaster Ratings

The NY Times reports that contrary to fears, DVRs are proving to increase ratings and that many viewers still do not skip commercials.

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November 3, 2009 2 comments Must Reads