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EU ACTA Analysis Leaks: Confirms Plans For Global DMCA, Encourage 3 Strikes Model

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Monday November 30, 2009
The European Commission analysis of ACTA's Internet chapter has leaked, indicating that the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law (the EC posted the existence of the document last week but refused to make it publicly available).  The document contains detailed comments on the U.S. proposal, confirming the U.S. desire to promote a three-strikes and you're out policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy.

The document confirms that the U.S. proposal contains seven sections:

Paragraph 1 - General obligations.  These focus on "effective enforcement procedures" with expeditious remedies that deter further infringement.  The wording is similar to TRIPs Article 41, however, the EU notes that unlike the international treaty provisions, there is no statement that procedures shall be fair, equitable, and/or proportionate.  In other words, it seeks to remove some of the balance in the earlier treaties. 

Paragraph 2 - Third party liability.
  The third party liability provisions focus on copyright, though the EU notes that it could (should) be extended to trademark and perhaps other IP infringement.  The goal of this section is to create an international minimum harmonization regarding the issue of what is called in some Member States "contributory copyright infringement".  The U.S. proposal would include "inducement" into the standard, something established in the U.S. Grokster case, but not found in many other countries.  This would result in a huge change in domestic law in many countries (including Canada) as the EU notes it goes beyond current eu law.

Paragraph 3 - Limitations on 3rd Party Liability
.  This section spells out how an ISP may qualify for a safe harbour from the liability established in the earlier section.  These include an exemption for technical processes such as caching.  As reported earlier, ACTA would establish a required notice-and-takedown system, which goes beyond Canadian law (and beyond current EU law).  Moreover, ACTA clearly envisions opening the door to a three-strikes and you're out model, as the EU document states:

EU understands that footnote 6 provides for an example of a reasonable policy to address the unauthorized storage or transmission of protected materials. However, the issue of termination of subscriptions and accounts has been subject to much debate in several Member States. Furthermore, the issue of whether a subscription or an account may be terminated without prior court decision is still subject to negotiations between the European Parliament and the Council of Telecoms Ministers regarding the Telecoms Package.

Paragraph 4 - Anti-circumvention Provisions
.  ACTA would require civil and criminal penalties associated with anti-circumvention provisions (legal protection for digital locks).  The EU notes that this goes beyond the requirements of the WIPO Internet treaties and beyond current EU law which "leaves a reasonable margin of discretion to Member States."  The EU also notes that there is no link between the anti-circumvention provisions and copyright exceptions.  The U.S. proposal also requires the anti-circumvention provisions to apply to TPMs that merely protect access to a work (rather than reproduction or making available).   This would again go beyond current EU law to include protection against circumventing technologies like region coding on DVDs.  From a Canadian perspective, none of this is currently domestic law.  As previously speculated, the clear intent is to establish a Global DMCA.

Paragraph 5 - Civil and Criminal Enforcement of Anti-Circumvention.
  This section requires both civil and criminal provisions for the anti-circumvention rules, something not found in the WIPO Internet treaties. The anti-circumvention provisions are also designed to stop countries from establishing interoperability requirements (ie. the ability for consumers to play purchased music on different devices).  The EU notes that this not consistent with its law, which states "Compatibility and interoperability of the different systems should be encouraged."  Of course, might reasonable ask why such a provision is even in ACTA.

Paragraph 6 - Rights Management Information protection
. This section includes similar criminal and civil requirements for rights management information.

Paragraph 7 - Limitations to Rights Management Information protection
.

In summary, the EU analysis confirms the earlier leak (though the Internet chapter has seven sections, rather than five).  The fears about the U.S. intent with respect to ACTA are confirmed - extending the WIPO Internet treaties, creating a Global DMCA, promoting a three-strikes and you're out model, even stopping efforts to create interoperability mandates.  ACTA would render current Canadian copyright law virtually unrecognizable as the required changes go far beyond our current rules (and even those contemplated in prior reform bills).  This begs the question of whether the Department of Foreign Affairs negotiation mandate letter really goes this far given the domestic changes that would be required.  This latest leak also reinforces the need for all governments to come clean - releasing both the ACTA text and government analysis of the treaty should be a condition of any further participation in the talks.
Comments (92)add comment

Dwight Williams said:

Not Wanted in Canadian Law
At least not by this citizen.
November 30, 2009

Anonyme said:

This is... Disgusting.
This would probably not only invalidate the public hearing from this summer but this may have severe consequences as far as the current state of advancement in technology.


November 30, 2009

pepa said:

What is a ""non-commercial hyperlink"?
What is a ""non-commercial hyperlink"?

"(iii) – referring or linking to an online location – refers, according to US, to "search engines". As regards "non-commercial" hyperlinks, these could, in our view, be accepted as an extension of "hosting" (ECD, Article 14). Such hyperlinks are not explicitly regulated by the ECD. The liability of providers for hyperlinks and location tool services has been deliberately left out from the scope of the ECD. However, we believe that non-commercial hyperlinks could be treated as a hosting
activity under Article 14 ECD."
November 30, 2009

Minister of Complaints said:

Lets petition them to pieces.
I'm all for sending mails, signing petitions, or sending letters for our Duly Designated Targets for such movement. But I'm rather vague on it. Anyone know who to write, for EU, Canada, the U.S.? Time to get rolling. The largest content providers are losing their control of the market and will do anything to keep it. Kick that cardhouse down hard, there's plenty of business models where distribution is a boon rather than a problem. (Marillion and Nine Inch Nails jump to mind, look them up.)
November 30, 2009

Sean Hunt said:

Good to see someone's fighting back
It's good to see that the EC doesn't want to roll over on this one. The analysis clearly says that they don't approve of the US' approach to some aspects of this law. I think that the EC might not be standing as strong as we'd hoped, but at least they aren't rolling over to the US 'global DMCA' approach. In particular, note that they explicitly state they do not want region locking to be protected by the treaty.

pepa: I believe the term "non-commercial" hyperlink means a link you are not being paid to provide - so this wouldn't apply to an ad.
November 30, 2009

jv said:

The hearings were just a distraction
The public hearings were just a distraction to keep people focused on some thing other than ACTA. With ACTA the conservatives will be able to throw their hands in the air and say we had no choice even though it is bunk. When it hits the house the Liberals will support it and it will pass. With the TV stations and news papers all screaming Armageddon if it doesn't pass most Canadians will believe the conservatives had no choice.

Like all US IP laws this is just another suicide pact. It used to be $1000 would buy you million dollar contract. Now it will buy you the full force of the government bearing down on the citizens and voters.
November 30, 2009

PIBM said:

WTH is wrong with them..
Who can we contact to start pushing against the ACTA, or to pull out the Canada from this...
November 30, 2009

Maupassant said:

...
This looks like more than even a wish list. This must have started life as a wish list. Then, when they saw they could get *anything* they wanted, they got over-excited and started making up new restrictions on the fly. Explicitly removing any requirement for interoperability, considering links equivalent to re-publishing, and enforcing things like region coding are effectively an attempt to give marketing plans the force of criminal law, enforced globally.

The reasoning behind this progression from banning infringement, to banning pointing to infringement, to banning pointing to pointers to infringement could, if carried to its logical end, make the possession of programming tools a criminal offense.
November 30, 2009

RCD said:

Who is being protected here and from who?
Unfortunately, this is another example of the US government acting as the "muscle" for large corporate interest and not in the role of representing the people. As we see with the current health care reform in the US, the massive amount of money pumped into the US political system makes it the property of those that do the pumping -- US health care reform is being dictated at this point by the Health Insurance and Big Pharma.

So it is with this "copyright" reform. The bottom line is quite simply "serve the corporate interests, protect their bottom live and screw the public," and the fact that this is being done is secret is the attempt to conceal this fact from the public.
November 30, 2009

zman58 said:

Electrical Engineer - Software Engineer
Great,
We all need more restrictive laws which prevent the free flow of information and knowledge. Global DMCA--what a sham. Shut down free and open-source software (FOSS), stop sharing files and information by law, and prevent further advancement of arts and science.
...All in the interest of maintaining the profits of big media conglomerates.
November 30, 2009

Ron said:

Reverse psychology...
Frankly I'm too cynical to think that most of the world (outside Canada) has much of a chance to not buy-in to this garbage, so I think we need to, instead of trying to douse the greedy enthusiasm this treaty embodies, we should actually fan the fire of avarice and get them to add, say, the death penalty for infringement, thus giving us a weapon to use in a reverse marketing scheme ("Don't buy *that* movie, it doesn't have a safe Creative Commons license so if you do the wrong thing with it, you're history!").
November 30, 2009

David said:

Boycott and Bypass
This is the final straw. If it comes to a choice between Hollywood plus the recording industry Vs the Internet, then I choose the Internet.

This Xmas and all next year I am personally going to Boycott and Bypass both Hollywood plus the recording industry.

That means that I'll purchase no more movie DVDs or Albums as Xmas presents ( I generally buy around 5 DVDs and 8 CDs ), No more purchases from major label artists on Itunes ( around 2-4 a week ). No more going to Movies ( not a major loss, considering the pap that the major studios have been pumping out ) or going to concerts by artists of the major labels ( around two to four concerts per year).

There are plenty of local businesses and independent artists who would welcome my trade.

Who is with me?
November 30, 2009

crade said:

...
It's the legal groundwork that is important. The focus may be on copyright at the moment, but just imagine what all corporations (or criminals) could hide behind DMCA 10 years after it is given legal protection.
November 30, 2009

crade said:

...
@David, I have been boycotting the RIAA and MPAA for over a year now, unfortunately, they put it into their stats to try to show how much money they are losing due to piracy... :(
November 30, 2009

no said:

F that ladies and gentleman
where do I complain
November 30, 2009

Ozgur Zeren said:

American. WAY too american.
A total produce of right wing neoliberalism, this acta is. however, ironically there is no amount of 'liberal' in it. get a load of that - they seek to prevent interoperability requirements. so that customers can be locked down to one product, and they can monopolize the market. this thing even goes against what those prepared it has been preaching. it is unbelievable that the people who prepared this are STILL preaching the same thing they contradict in congress and senate, and seeking it to push it to other countries. excuse me, but i see this as a pure neocon production.
November 30, 2009

crade said:

...
I believe it is more a simple matter of bribery. Whether republican or democrate, liberal or conservative, the simple fact that they are in the pocket of the lobyists is what is driving this in the US, and the US just plain has leverage over us, and over other countries to push it through.
November 30, 2009

Eric said:

...
Sean, http://www.theregister.co.uk/2...wift_tftp/ I think they'll roll over on this one to. As will Canada.
November 30, 2009

Jean Mac said:

...
Where do you get the idea that ACTA is liberal OR conservative? This is businesses with IP screaming that they will be bankrupt if "something" isn't done". I'm sure they never thought they'd get everything they ever asked for - and more. Since this is being pushed by the US, where is "due process" and "innocent until PROVEN guilty" - no room for legal rights in the digital age?
November 30, 2009

Irving Schwartz said:

History Repeated?
Remember when the rest of the world banded together to stop Germany taking over the world?

Time to consider doing that again, with America.
November 30, 2009

R.B said:

...
@david, go man I'm right behind.
Actually, I'm gradually banning all activities of such in my life. No more music or movies. only sometimes on radio (in car) and tv shows when have time.
@crade let them say what ever they want and count in any way they want. Combating ACTA could be a futile waist of time. as some pointed the GOV will come out and say .. hey it's the world who wants it like this we must comply. so one good thing to do is shift attention and try to make people aware of this (again, I'm in quebec and till now my only source of news about this is this BLOG, no freaking news paper nor TV station had said anything about it).
If there is a critical mass then that industry will eventually collapse (regardless of regulations and laws) and next election any politician will think twice before doing something like this!

When that happens, lobbying against any regulation introduced by adopting ACTA would be far less a pain.

(btw does people have any way of triggering elections ???)
November 30, 2009

R.B said:

...
@Ozgur Zeren
that is not the only flaw/contradiction in this system.
One very flagrant, is the rescue operation of backs and automobile sector in US.
true savage capitalism they were preaching was kill or die. The "free" (not so free after all) market will decide. the free market doesn't need a gov. first sign of trouble ... who bailed them out? Daddy GOV.
November 30, 2009

Robbo Mills said:

War Against The Internet
This is a defacto war against the internet, in practice and in principle. Old media, entrenched as powerful multinational corporate controllers of what was once democratic governement institutions, seek to maintain their control over profits and content by subverting the rule of law. It is fascism, pure and simple, and must be stopped at all costs. Any government, any corporate power or any individual who supports these measures to control how we speak, hear and think amongst ourselves is an enemy of the people and must be treated accordingly. This is war. Our future and the future of our children depend upon our ability, here and now, to defend the most basic of human rights. As shrill as such a cry may sound it is nonetheless based on the reality they seek to impose. This is war.
November 30, 2009

Glen said:

They can have it all, but...
They can have it all, but I want the following:

1. World wide copyright legislation to limit the lifetime of a work to no more than 5 years.
2. No DRM on any media
3. Mandatory requirement for all Media Companies to place all back-catalog and current audio and video recordings and all current and out of print books on internet sites where all of this content can be legally downloaded at reasonable prices not to exceed $1.25 USD for music recordings, $5.00USD for video recordings(movie only not extra content), and $3.00USD for ebooks.
4. Above audio media must be in mp3 or flac format, video must be in h.264 where possible and ebooks must be in an open standard format.

Re #1 This means that 5 years after the treaty is ratified at the UN all current works will be under the clock, even if they had a lifetime + x. So if the treaty was signed in 2011, then in 2016 all existing works are now public domain.
November 30, 2009

MG said:

Can't You smell the Putrid stench of these plans to take over the internet
I would also conider this a decleration of war against the internet. Lets see what the true power of the internet is, all the users when this becomes when this leak becomes known to every user of the internet, again i consider this a complete decleration of war against the internet, Lets see if we can't stone wall it, use our first amendment, after all those who live in New york, which i'm out the picture, I know the U.N. is in New York, protest there. Then theirs the white house, protest there, England Parliment, london.

Time to use our rights to protest, petition- which one country ain't going to cut it, many canada, england, the U.S., and all the European countries, I mean come on this is a decleration of war against the internet!! Why take away what the internet was built on from us and the rest of the world.
Time to show the true power of the people of the world, after all the internet = almost every country access to what is seen on these websites, THIS CAN'T BE ALLOWED!!!!!
November 30, 2009

Ole Husgaard said:

Danish Pirate Party leader
I think this leaked paper nicely reflects the problems the European governments see today with the public awareness the European Pirate Parties have raised in Europe. In particular the Swedish government (current leader of the EU) have some problems because some politicians have told the public that ACTA would have nothing to do with the Internet. But many European governments know that there is a risk that political pirates may be elected to their national parliaments, if they are not careful.

This document is a bit old, as can be told from the text: "Furthermore, the issue of whether a subscription or an account may be terminated without prior court decision is still subject to negotiations between the European Parliament and the Council of Telecoms Ministers regarding the Telecoms Package."

This has now been decided, and elected member of the EU-Parliament from the Swedish Pirate Party, Christian Engström should have credit for his great work here. The compromise test does not use the word "court", but uses the term "judicial process", referring to the European Human Rights Convention which defines the requirements of a court. Also the text explicitly says that a fair trial where people have the right to be heard and are presumed innocent until proven otherwise is needed before the accused can have his access to the Internet limited.

This result, which has now become European law, is not compatible with ACTA.
November 30, 2009

Ozgur Zeren said:

Call your representatives. wherever you are.
czech, spanish, danish, finnish, mexican, american, british, doesnt matter. call your representative of your area in your country in the parliament, and blow his/her ear off about this. explicitly tell them you do NOT want this. NOMATTER what the reasons and causations behind it are. tell them you do not want it even if it is going to 'provide jobs'. (the oldest excuse of american corporations to push their laws). tell them to bend government's ear NOT to sign it. do it now.
November 30, 2009

Ozgur Zeren said:

Ole Husgaard, that does not cut it.
You and me know very well that once a treaty is ratified, various excuses and circumventions can be invented to bypass any laws that enforce human rights, even if temporarily. we need to scuttle this in its core, not in its various clauses.
November 30, 2009

Mark said:

...
Zero enforceability. Even if every country in the world hopped aboard. Until governments find ways to eavesdrop into the thoughts of every person on the globe and find out who's thinking of doing something they aren't supposed to.

Maybe they should call Santa Claus and see how he does it.
November 30, 2009

VancouverDave said:

Odd suggestion
@ Ozgur Zeren: Don't bother calling your representatives; they already know.
November 30, 2009

Garuda said:

It gives a new meaning to the word "unenforceable."
Being obligated to prove media on your computer is not illegally obtained? So I'm going to be obligated to let them search my computer? So now I'll have to either carry my entire CD collection with me, and active internet connection to prove my tunes are infact from itunes and a stack of receipts for anything else? Wow.

There's no way this could be enforced. It would cost more than it would save like the Stamp tax.
November 30, 2009

Spike said:

...
Again, Geist was right about ACTA all along.

Take that, Sookman. Shot down once again, you may as well quit now.
November 30, 2009

Ashafly said:

What we need...
What we need is to get rid of ISPs. Develop an entirely new form of global network that isn't relyant on big corporations.
December 01, 2009

maebnoom said:

...
I'm about ready to take up arms now. Seriously, this is crazy. The USA is looking more Orwellian every day...
December 01, 2009

KayBecer said:

Put simply
The only thing I can say is F*ck this American control of Canadians and the world.

Will our gov be sell-outs? By not releasing ACTA, it appears Harper is a US weasel.

Hey Harper, I have 50$ US for you if you make Bell and Rogers data-mine all Canadian communications.

(Bet he calls me is 2 hrs drooling, the weasel)
December 01, 2009

Gregg said:

The Death Throws of a Dying Empire
The USA is grasping at straws now.
December 01, 2009

Russell McOrmond said:

Re: Lets petition them to pieces.
I drafted a ACTA petition, but was waiting for feedback and an indication of support for signing before proceeding. http://digital-copyright.ca/petition/acta If you are interested, please get involved.
December 01, 2009

Tracey Arial said:

Writer
I'm in favour of stronger copyright laws, but even I don't like how far ACTA takes it. And I would agree with Glen about a 5 year limit on copyright if there were a difference betweeen creator copyright and commercial copyright. The problem with current copyright law is that companies and institutions get the same rights that individual creators get, and that enables them to exploit both creators and consumers. As an individual, it can take me up to eight years to figure out how to commericalize some of my work, especially if I want to work with other creators within a multimedia project. Sometimes it takes even longer. Heck, the Globe and Mail is making more money via their database from articles that writers wrote for peanuts years ago. I like the fact that copyright in my work begins, under Canadian Copyright Law, as soon as I create it, but that benefit would be another big disadvantage if creators couldn't get more rights than everyone else in the process. If creator copyright could be separated from commercial copyright, companies would have to negotiate with artists to use their work and artists would be the ones to decide whether their work could enter the public domain or not, and when. And any specific project (a book, a CD, etc.) would enter the global public domain within five years, like Glen wants. That could save libraries lots of money too.
December 01, 2009

Wojciech said:

"stop countries from"
"designed to stop countries from establishing interoperability requirements (ie. the ability for consumers to play purchased music on different devices)."

- sounds like an evil plot
December 01, 2009

Ian Gillan said:

At Russell McOrmond
Ask Jon over at p2pnet to put it up to scope out interest, it will hit the forums and stuff. It should pick-up.

December 01, 2009

Thom said:

good for denying basic human rights
And what is the US willing to go along with to get this kind of thing approved in more and more countries? The world already has a problem with Yahoo and others turning over names and IDs of human rights proponents and supporters of free speech and personal freedom. Microsoft was caught putting keyword filters (democracy, human rights and other nefarious type words) in its Office apps for distrib in suppressive countries. Iran shutting down its cell phone and texting services because protesters used it. People in the US already being arrested because they used their cell phones to alert groups about where police units were active during the last economic summit in Pittsburgh. This is not a good thing, but as usual, if you want something, wrap it up in something people will ignorantly follow the rest of the lemmings on, like copyright or trademark. So what guarantees do we have this same international Gestapo mechanism won't be used to go after hosting of pro-democracy content, file sharing of human rights data, or exchanging and hosting encrypted data files by protest groups around the world? remember Philip Zimmermann and PGP? He was arrested twice, in the US, not China and not Iran, in the US. Be very careful what you wish for, because unless you are middle to upper class, white, a member of the current political party in power and safe in your own home in the good old US of A, this is nothing but Big Brother, 1984 version 2KTen. If any minority political/racial/religious/ethnic group supports this, they deserve everything that will happen because of it.
December 01, 2009

chronoss said:

well well
i see from above freedom and democracy are what its about.

änd the lawyers were the 1st to go when the revolution came"- hitch hikers guide to the galaxy
December 01, 2009

Lachu said:

End of the word.
Point 4 seems to be similar to situation inside a USA. Maybe people in the USA living without knowing about how he's right are taken, but Europe people can't get trick they selves. If Europe begin collapsing, there's no way out.

And oh... Many devices in my house will be illegal, like my DVD player, my personal computer, etc. I never thought somebody will forced my to bought broken devices.
December 01, 2009

Jason K said:

...
It's time for Minister Clement to open up the ACTA treaty and all related Canadian involvement in it, or get out of it. The Canadian people want no part of this, it is not in our best interests. The people of Ontario are watching you Mr. Clement. You're responsible for screwing up our Health Care system. One would expect you to do the same in the Industry platform, especially since this treaty has a direct impact on public and economic policy which is the choice of the Canadian people to decide on which direction to go, not you Mr. Clement since your Government didn't put this on the table as public policy in the last election.

There should be an ethics, and constitutional complaint with respect to how this has been handled by the Minister of Industry, and The department of foreign affairs, since this "trade agreement" will have a profound impact on Canadian sovereign law without parliamentary or public oversight.

The Canadian people have already said NO to this type of agreement with respect to the Internet chapter of it in the public copyright consultations. It's time Canada and Clement respect the wishes of the Canadian people, and back out of it now.


December 01, 2009

oldguy said:

Political hot potato
Anyone think there is a possibility that the next election could still be a minority government, but with the Pirate Party of Canada holding the biggest amount of seats?

If this kind of thing gets into the public eye, we could have a 90% turnout next election. It is the kind of thing that *will* step on the toes of the "oblivious majority". They won't be oblivious any more. And they will vote for anyone that promises to take the weight *off* those toes.

"Don't step on my lifestyle."
December 02, 2009

Brock said:

Involve the ISPs
ISPs are our ally here. I think we'd be less likely to sign if ACTA became as public as, say, the Local TV ads. This would not only mean more public humilation towards ACTA support but it could also draw in neutral lobbyists groups to start lobbying against it when they realize ACTA could triple their legal costs.
December 02, 2009

Todd Howe said:

What. seriously, do we do to stop this?
Does anyone believe that writing to the industry minister will help? Given the state of our politics, there's probably bipartisan support (at least) for these global trade impositions at the Federal level. Something on the order of a media revolt, or seizure of the issue by those that have access to the media, is going to be required to wake the public up and explain the issues. Geist's the gold standard on this front. The other option might be to trigger an election as soon as the next Canadian DMCA III or IV (which one are we on now, I've lost track) is introduced, which would delay things for another year or so.

I'll sign the petition above, but what next?

IMHO: 'Intellectual Property' is a Fraud
http://tehowe.blogspot.com/2009/09/cost-copyright-and-embodiment.html


December 02, 2009

Todd Howe said:

I also like Ashayad's suggestion...
...To form a backup network infrastructure. Seeing as former open source attempts at this (HAM packet radio, FIDOnet etc.) were a bit slow, is there any way to boost/rig existing hardware, like a typical wireless router, to form a distributed mesh network? Everyone runs a simple server package. This kind of a system might work in dense urban centres with enough online promotion, and dial-in nodes could be provided to the folks in the country. This is a blue-sky proposal, just off the top of my head. What do you think? Would that provide much open-source bandwidth to people? I hope people that know more about network architecture than I do are thinking ahead to when the Internet is locked down to free discussion and transfer of information.
December 02, 2009

Korte said:

What is this!
Why do people in high places have such a bad understanding of what Internet is and why net neutrality are so important. I get afraid just thinking about restricting any kind of human right and here we have ACTA with "the land of the free" not only thinking it over but actually almost tries to enforce this. Why! Have Americans totally forgot their war for independence and what they stood for? I have always admired the US for their bill of rights but I hate them for how they treat what is/should be one of their holier texts. Back to school people! Is what I want to say to them that is actually proposing this!
December 02, 2009

KayBecer said:

Weasel Meter
on CBC:
http://www.cbc.ca/technology/s...-ndp.html

Seems to me (if I understand correctly), this is all "fear-mongering" being dished out on this website. Who to believe? a weasel government? Or what is leaking out through a non-transparent process Clement is hiding from all Canadians?

"Clement said suggestions that Canada will lose its copyright sovereignty to the Anti-Counterfeiting Trade Agreement, a deal being negotiated largely in private by the European Union and a number of countries — including the United States, Canada and Australia — is "fear-mongering.""

My weasel meter is hitting 99% right now.
December 02, 2009

Stefan Trolle said:

Scary
It is two parts that are really scary. 1) How the negotiations are done. The lobby group of one side has full insight and is a part of the negotiations. The other side, including a large majority of the citizens, is not even allowed to know what is in the document. The security classification in this case is only meant to keep the people in the dark, and to protect the heads of the negotiators.
2) The three strikes (without proof) policy. There is no doubt in my mind that this will lead to that many bloggers will mysteriously disappear because of copyright infringements. This is a serious threat to democracy.
December 02, 2009

Jason K said:

Re: Korte
"Why do people in high places have such a bad understanding of what Internet is and why net neutrality are so important."

This is in large part because they are from a different generation. Those in power now actually had to fight for the same kind of freedoms in the mid - late 60's as far as policy and equality are concerned. It's a shame that the boomer generation (who swore they would never get old) has grown so old and cynical, they are willing to piss away those freedoms they fought for to protect the next generation at the whim of corporate political contributions, leaving us to fight for virtually the same idea's as their generation did nearly 45 - 50 years ago, just on a different platform.

By the time our generation gets in, we will be left with debt up to our eye balls, and a very fragile economy because of the lobby influence on our politicians. Maybe once our generation gets in, we should start to strip down CPP for the boomers, and eliminate any funding for the use of Depends, and make them walk to knee replacement surgery's to save on green house gasses, or those leaders right now might want to take an interest into what our generation is talking about, and make the right moves so we don't start stripping into the boomers at old age.
December 02, 2009

Øystein Jakobsen said:

Simple: Starve them to death
If theyre so intent on alienating their customers, let them!

Im in the process of setting up an alternative to the current content production and distribution ecosystem, that would make free licensed content more available and commercially viable than it is today.

Help Genero. Go to http://issuu.com/fribit and read some of the documents there.
December 02, 2009

Walrus Boy said:

...
I find it incredulous that the US gov't is attempting get the entire planet to succumb their desire to prop up the entertainment industry (RIAA & MPAA). They want to foist the wishes of the lobbyists/mouthpieces of that industry whom are reluctant (unwilling, unable?) to adapt their business models to the reality of the 21st century.

On top of that they negotiate in secret in order to implement their draconian rules without public scrutiny. Shameful, just shameful....
December 02, 2009

Rick said:

...
These people have as much regard for civil rights as good old Benito. And yes it'll probably take a civil war to get rid of them.
December 02, 2009

ashadowman said:

...
disgusting and repugnant .... and the US is involved ... big surprise
December 02, 2009

Todd Howe said:

What to do, seriously?
Does anyone believe that writing to the industry minister will help? Given the state of our politics, there's probably bipartisan support (at least) for these global trade impositions at the Federal level. Something on the order of a media revolt, or seizure of the issue by those that have access to the media, is going to be required to wake the public up and explain the issues. Geist's the gold standard on this front. The other option might be to trigger an election as soon as the next Canadian DMCA III or IV (which one are we on now, I've lost track) is introduced, which would delay things for another year or so.

I'll sign the petition above, but what next?

IMHO: 'Intellectual Property' is a Fraud
bit.ly/fARsg
December 03, 2009

Christopehr said:

Well, we knew this was coming sooner or later
The wet dream of the businesses in the world is to having the DMCA's draconian 'protections' that infringe on numerous rights of private citizens expand to cover the entire world.

We really need to REPEAL the DMCA in the United States, and put into place SANER laws that make verboten DRM of any form, while putting harsh prison terms in place for people who infringe on copyright FOR PROFIT.

Those are the only people who are 'taking money' out of the pockets of these companies, the people who infringe for profit.
December 03, 2009

Christopehr said:

...
What is this!
Why do people in high places have such a bad understanding of what Internet is and why net neutrality are so important. I get afraid just thinking about restricting any kind of human right and here we have ACTA with "the land of the free" not only thinking it over but actually almost tries to enforce this. Why! Have Americans totally forgot their war for independence and what they stood for? I have always admired the US for their bill of rights but I hate them for how they treat what is/should be one of their holier texts. Back to school people! Is what I want to say to them that is actually proposing this!
________________________________

The problem is that the Constitution is VERY ambiguous in some ways, and people who wish to strip away the rights of various groups have latched onto that ambiguity in order to 'twist' the Constitution from what it is actually supposed to mean.
December 03, 2009

Paolo Brini said:

ACTA incompatible with EU legal framework - there's more
Dear Mr. Geist,

there are even more incompatibilities between ACTA and EU legal framework which could not be underlined in the leaked document, simply because it was written a few days before the end of negotiations on the Telecoms Package.

The agreement between the Council and the Parliament led to a new amendment which clearly forbids 3-strikes, in the sense meant by ACTA, and restrictions to fundamental rights without following very precise parameters (not respected by ACTA).

What's more, the negotiations now are not compliant with the Lisbon Treaty, which has come into force the 1st of December, see http://bit.ly/EU-ACTA for all details, and http://bit.ly/8yZM08

Kind regards,
Paolo Brini

December 03, 2009

Argus said:

Just do it
Fine if all of these countries and companies want a 3 strike policy then just do it. Then the real internet revolution can begin, if everybody actively goes and gets there three strikes then how long do you think it would be before they had to fold or the system would just so clogged up it would be useless governments would have to rethink everything, or give it back.
December 11, 2009

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dictionary_attak said:

Let's do it
@David I agree with you. We should totally boycott!
July 21, 2010

Josh Taylor said:

Let's Boycott Technology and live like an Amish
@David and Dictionary

Ditto. Let's boycott all forms of technology and live like the Amish.

In fact, we should boycott housing, live in the woods and sing "Amazing Grace" since the lyric is Public Domain.

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ulkan said:

Who is writing this laws?
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This is indeed very intriguing " The document contains detailed comments on the U.S. proposal, confirming the U.S. desire to promote a three-strikes and you're out policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy.

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July 15, 2011

Todd said:

This is unconstitutional...
I totally disagree with what the U.S. is trying to do. I can't believe they are looking to go down this road. When will the incessant demand for power end? And when are we going to start standing up to them?

- Todd from Vince Delmonte Review
September 11, 2011

Todd said:

This is unconstitutional...
I totally disagree with what the U.S. is trying to do. I can't believe they are looking to go down this road. When will the incessant demand for power end? And when are we going to start standing up to them?

- Todd
http://www.gainmuscleandloseweight.com/vince-delmonte-review/
September 11, 2011

Andew said:

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section requires
This section requires both civil and criminal provisions for the anti-circumvention rules, something not found in the WIPO Internet treaties. mydreambd
October 04, 2011

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Ryan Hall said:

didn't know this
Thanks very much. I'm not aware that there are a lot of laws concerning internet treaties etc.

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