Archive for March 23rd, 2010

ACTA’s De Minimis Provision: Countering the iPod Searching Border Guard Fears

The leak of the full consolidated ACTA text will provide anyone interested in the treaty with plenty to work with for the next few weeks.  While several chapters have already been leaked and discussed (see posts on the Internet and Civil Enforcement chapters, the definitional chapter, the institutional arrangements chapter, and international coooperation chapter), the consolidated chapter provides a clear indication of how the negotiations have altered earlier proposals (see this post for links to the early leaks) as well as the first look at several other ACTA elements.

For example, last spring it was revealed that several countries had proposed including a de minimis provision to counter fears that the border measures chapter would lead to iPod searching border guards.  This leak shows there are four proposals on the table:

Read more ›

March 23, 2010 8 comments News

The Consolidated Anti-Counterfeiting Trade Agreement Leaks

After weeks of slow ACTA leaks, today the final major leak occurred – the entire consolidated text, updated to mid-January, has been posted online.  Although this is not the most updated version, when combined with the earlier leaked table on the Internet and civil enforcement chapters (which include changes from […]

Read more ›

March 23, 2010 7 comments News

Broadcasting Policy Without The Net

The CRTC's release of its much-anticipated broadcasting regulatory policy decision set off a flurry of comments yesterday with broadcasters welcoming the prospect of negotiating fees for their local signals, broadcast distributors warning of increased costs, and the CBC arguing that the decision was a "dark day" for public broadcasters after it was excluded from the negotiating process.  While there is understandably considerable discussion in the decision on programming requirements, the media focus centered on the fee-for-carriage issue.  On that front, the CRTC has opened the door to negotiations, subject to a court ruling confirming the Commission's jurisdiction to implement such an approach.

It seems appropriate that on the day the CRTC released its decision, a new study was published that found Canadians now spend more time online than watching television.  While the world is increasingly moving online, the CRTC decision acts as if the Internet scarcely exists.  The broadcasting policy decision mentions the Internet once (acknowledging that it is a platform for content distribution) and does not including any reference to streaming, Youtube, podcast, BitTorrent, or peer-to-peer (used by the CBC to distribute its content).  The word "consumer" is mentioned five times, though the consumer perspective will be addressed in a second report due later today to Cabinet.

Read more ›

March 23, 2010 22 comments News

Study on NAF Domain Name Dispute Resolution Finds Disproportionate Panelist Allocation

In the summer of 2001, I published a study on the panelist allocation practices of domain name dispute resolution providers.  The study – Fair.com – found troubling evidence of systemic unfairness in the process.  Zak Muscovitch has published an updated study that finds that the concerns remain, with one panelist […]

Read more ›

March 23, 2010 3 comments Must Reads

New ACTA Leaks: IP Categories and Border Measures

Another day, another ACTA leak.  There were two yesterday: KEI posted text from the general definition section of the draft to demonstrate the treaty goes well beyond counterfeits, while Le Monde Diplomatique posted details on the border measures chapter.

Read more ›

March 23, 2010 1 comment Must Reads