This has been a remarkable two weeks for those tracking the Anti-Counterfeiting Trade Agreement, as the proposed treaty has begun to attract attention at the highest political levels. The European Union has undergone the greatest change. First, the identification of the transparency holdouts led to a unanimous EU position favouring release of the text. This week, EC Commissioner for Trade Karel De Gucht stated: "I will see to it that at the next negotiating round, in April, the Commission will vigorously push its negotiating partners to agree to release the text." This leaves the U.S., South Korea, and Singapore as the remaining barriers to full transparency. Second, this week's European Parliament resolution places the European Commission on the defensive with respect to ACTA. The negotiations will continue, but Europe clearly faces internal challenges in the ACTA process.
The U.S. response to the European developments came yesterday, as President Obama reiterated his support for finishing ACTA. In comments on IP enforcement, Obama discussed the need to "aggressively protect" IP, pointing specifically to ACTA. The reference to ACTA was clearly meant to send a strong signal that the U.S. intends to continue its push for a treaty. Indeed, the U.S. has not changed its position on anything with respect to ACTA – it is one of the lone holdouts on the issue of transparency and its negotiating position on the text itself has not moved much through almost two years of negotiations. Consider the Civil Enforcement chapter, which was first proposed by the U.S. in July 2008 at the second round of ACTA talks in Washington. The recent leak of the latest version of the chapter shows that practically nothing has changed:
Article 2.1 Availability of Civil Procedures
1. No Change
2. No Change
Article 2.2 Damages
1. No Change
2. No Change
3. Wording Change:
| Original | New |
| Each Party shall provide that the right holders shall have the right to choose the remedy in paragraph 2 as an alternative to the remedy in paragraph 1. | Each Party shall provide that the right holder shall have the right to choose the system in paragraph 2 as an alternative to the damages in paragraph 1. |
4. Change – transposed words
| Original | New |
| Each Party shall also provide that its judicial authorities, [Option US: at least in proceedings concerning copyright or related rights infringement or willful trademark counterfeiting] shall have the authority to order, [Option US: except in exceptional circumstances][Option J: in appropriate cases], that the prevailing party be awarded payment by the losing party of reasonable attorney’s fees. | Each Party [US/J:shall] also provide that its [US/J: judicial] authorities, [US/Can/Mor/MX/NZ: except in exceptional circumstances], [US/Can/Aus/Mor: {US/Aus/Mor: at least }in proceedings concerning copyright or related rights infringement or willful trademark counterfeiting,] shall have the authority to order, [J/Can/Aus/NZ: in appropriate cases], that the prevailing party be awarded payment by the losing party of [US/J: reasonable] attorney's fees |
Article 2.3 Other Remedies
1. No Change
2. No Change
3. No Change
Article 2.4 Information related to Infringement
Change – Addition of words
| Original | New |
| Each Party shall provide that in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities shall have the authority to order the infringer to provide, for the purpose of collecting evidence… | Each Party shall provide that in civil judicial proceedings concerning the enforcement of [US/J: intellectual property rights], its judicial authorities shall have the authority upon a justified request of the right holder, to order the infringer to provide, [US/J; for the purpose of collecting evidence]… |
Article 2.5 Provisional Measures
1. No Change
2. No Change
3. No Change
The U.S. position for the moment appears closer to "take it or leave it" with the bet that many ACTA partners will see little political alternative but to take it.
This sounds familiar
“The U.S. position for the moment appears closer to “take it or leave it” with the bet that many ACTA partners will see little political alternative but to take it.”
Sounds like the US is making some sort of coalition.
“The U.S. position for the moment appears closer to “take it or leave it” with the bet that many ACTA partners will see little political alternative but to take it.”
Seems on one hand Obama is preaching an open and free internet as extremely important to digital growth and democratic prosperity, and on the other wants us to hand over democratic rights, and account terminations in the name of US industry. I thought he was supposed to change the lobby influence over Washington. Very interesting and represents exactly why we shouldn’t be listening to the US.
Unlike the people of the US, the rest of the world has issues with the current language as known of ACTA. There would be little choice with many ACTA partners but to “change it” or suffer political backlash at home. Our government has already been warned through the copyright consultation by Canadian interests, creators, and IP holders to ensure a balanced approach and that while protecting IP rights, users rights must also be protected as well.
This could also have a profound impact on the digital economy if society gets fed up, and broadband becomes more, and more unattractive due to the pressures from the US to neglect civil and constitutional rights society and creators themselves enjoy. How much longer before ppl just “power off” on the digital economy. How much damage will that have to our very unstable economic situation. It’ll be very interesting to see how this plays out. Is it worth the risk?
In my view I think those that support transparency are far more powerful. Maybe they should band together, abandon ACTA, and start negotiations on a more transparent and balanced approach to commercial anti-counterfeiting to protect consumers and domestic industry without a heavy handed internet chapter. We could extend an invite to the US delegation, but in no way should any international trade treaty be dictated by US lobby interests at a time when those lobby interests largely left us in economic turmoil over the past few years.
@Jason K
Well put. However, I see ACTA coming apart, not en masse, but in dribs and drabs as participants walk away. The Aussies and the US will be left to turn out the lights, or come up with a bilateral agreement.
“Obama discussed the need to “aggressively protect” IP” (as the Imperial March plays in the background)
Obama, what do you say to those who claim that the driving force behind ACTA is not the electorate?
Obama, what do you say to those who claim that ACTA is not being handled openly and honestly?
Obama, what do you say to those who claim that ACTA is about sacrificing “essential liberties” to gain a “little, temporary security”?
Obama, what do you say to those who claim the changes to law that ACTA proposes don’t seem to be effective in the countries where they are already in place?
Obama, what do you say to those who claim that you are selling not only your own citizens rights but those of other countries as well for a giant stack of wooden nickels?
Funny
So much for “negotiating in good faith”
@Anon-K
I think you’re right. In my view I think users need to be basically left alone. The internet is a brain child of the 60’s and those ideologies of freedom of speech, freedom of expression, freedom of choice, freedom of protest. It’s built into the very fabric of the networks. It’s interesting that the generation that’s in power now who fought for those ideologies in the 60’s are so old and grumpy, that they are virtually pissing away rights they fought so hard to incorporate and protect for generations after. I think they need to be strongly reminded of this, and those in political office one day will be leaning on the younger generation to change their diapers in the coming years. If we move with ACTA’s internet chapter there may be a heavy economic toll to that. The fabric of the networks and internet itself is built around the ideologies of the 60’s, it will adapt and circumvent anything that is put into place to oppress these ideologies.
Opps there goes the money for more nurses needed to change diapers. Can’t afford it anymore because of the economic mistakes of the older generation. Sorry guys, wipe your own ass.
@Anon-K
Simply put, the net was build by hippies in the 60’s for the US military. They were given explicit orders to build a network that can not be controlled. The way the internet networks are built, there will always be ways to circumvent any control imposed on it. The problem is people still think we can control content as we did in the physical realm, but digitally. I’m just worried that we’ll have to go through a huge mess economically before they realize that we can’t do that anymore.
Get Prime Minister Stephen Harper to speak about ACTA!
Help get Canada’s Prime Minister Stephen Harper to publicly respond to ACTA secrecy! Similar to the event Obama recently held on the Internet, PM Stephen Harper is having a ‘Your Interview with Prime Minister Harper’ on YouTube.
Search http://www.youtube.com/TalkCanada for “ACTA” and upvote related questions.
@James O’Brien
Why bother, all he is going to do is spin any issue that’s critical of his leadership anyway. The dude from the PMO’s office for the intro to this looks like he’s high on crack in the first place. This could be the defining “Dion” moment for Harper. We might as well be lobbying for the legalization of crack, and prostitution from the looks of the responses thus far. It’s brought out the “best” in weirdness from youtube. Intelligence seems to be lacking so far in a lot of these responses, and he’ll play to that. Let him have his “youtube” moment. I’m pretty sure after the Copyright Consultations he’s well aware of people concerned about ACTA. The PMO was flooded with e-mails on that during the public consultation. Leave ACTA for voting time!!
Candidate prospect for Congress!
Fear not my global friends, there is a voice in the wilderness here in the US! I am getting the message out there and asking people to start protesting. I have a cause on facebook titled, STOP THE ACTA! You are welcome to visit my website/blog http://www.lanceforcongress2010.com and my facebook profile to make comments.
Candidate prospect for Congress!
Here’s the link to the cause “STOP THE ACTA” on facebook.com
http://apps.facebook.com/causes/440423/42087687
@Lance Aguiar
Lance common, that’s so self righteously motivated it’s quite comical. If you want to stop ACTA start with the ideology first. Why not make a pledge right here right now, to cap special interest political funding of congressmen and senators to $5 per year, and publicly fund your elections.
I have many American friends who envy us up here in Canada because our voice as citizens does actually count for something. Down in the US I’m told that many feel they can’t voice their concerns to congressman unless they are making triple digit campaign contributions. Let’s see how much your ideology changes in the first year “if” you are elected to congress with the big fat envelopes of money on their way. Work to return your government to your people, let the rest of the civilized world worry about ACTA. We’re about to tell your leaders what they can do with it.
Thank you,
I had set a blog (http://actawatch.wordpress.com/) ACTA watch as I had been concerned that there wasn’t a blog like Groklaw for the ACTA, i.e., a one stop blog that provided extensive coverage. I know see that the blog I had set up is redundant, because you are providing that coverage.
Thanks!
eee_eff
PS I will still cover some ACTA items at http://enigmafoundry.wordpress.com/
I have supported obama staunchly from the start
but i didnt expect him to be THIS big of a letdown. its unbelievable that this individual, poising for change, supports ransoming thoughts to private interests. while posing for freedom, seeks repressing freedoms for private interest’s profit.
he failed us.
well
europe is close to 1 billion people. a huge market with huge purchasing power. there’s china with 1.5 billion or so people (near future) and i dont think anyone on the face of the earth has the power to force china to anything. that makes close to 3 billion people, approx half of the world’s population.
excuse me, but mr. obama and his feudal friends will have to shove acta up.
The language of Money
The interests in the internet will keep growing. No draconian laws are going to stop people from using it. This whole strategy of attacking the politicians cash free is basically useless. The “lobby” system of today requires the public at least matching the bribes of the cartels, or else forget about it.
Avatar, the movie, is the top money maker of all time?? Even after all the suing and political bribes (DMCA), we’re not changing anything. Opportunists, like Obama, may yell what you want to hear, but after the election’s over, it’s back to business. He’s just running the maze made by cartels for cartels.
Boycott the cartels and tell them straight in their faces. I think protesting near a theatre (on public property) on friday night, or whenever they’re busy is much more effective than whining to a politician without cash in your hands.
Politicians and cartels understand only Money. If you can’t speak it, at least try to reduce your vote in the ballot box called their bank accounts.
We want change, but the change is in us. Well, what do you know, a pun. hahaha
Expected.
Obama supporting the lobbyists on this. such a letdown, but expected.
after all, Money=Power in politics.
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True line
Avatar, the movie, is that the high cash maker of all time?? Even finally the suing and political bribes (DMCA), we’re not ever-changing something. Opportunists, like Obama, could yell what you wish to listen to, however once the election’s over, it’s back to business. he is simply running the maze created by cartels for cartels.
Boycott the cartels and tell them straight in their faces. i believe protestant close to a theatre (on public property) on Fri night, or whenever they are busy is far more practical than whining to a political candidate while not profit your hands.
Politicians and cartels perceive solely cash. If you cannot speak it, a minimum of try and cut back your select the box known as their bank accounts.
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Nice sound
Why bother, all he’s aiming to do is spin any issue that is essential of his leadership anyway. The fashion plate from the PMO’s workplace for the intro to the present sounds like he is high on crack within the 1st place. this might be the shaping “Dion” moment for harpist. we’d also be lobbying for the group action of crack, and vice crime from the appearance of the responses to this point. It’s brought out the “best” in strangeness from youtube. Intelligence appears to be lacking up to now in a very ton of those responses, and he’ll play to it. Let him have his “youtube” moment. i am pretty positive once the Copyright Consultations he is cognizant of individuals involved concerning ACTA. The PMO was flooded with e-mails thereon throughout the general public consultation. Leave ACTA for selection time!! http://www.sexinprague.org/
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