Given the history of ACTA leaks, to no one’s surprise, the latest version
of the draft agreement was leaked last night on KEI’s website. The new version
– which reflects changes made during an intense week of negotiations last month in Washington – shows a draft agreement that is much closer to becoming reality. Square brackets have been removed from many sections, leaving the core issue of scope of the agreement as the biggest issue to be resolved when the next round of negotiations begins in a few weeks in Japan.
Perhaps the most important story of the latest draft is how the countries are close to agreement on the Internet enforcement chapter. The Internet enforcement chapter has been among the most contentious since the U.S. first proposed draft language that would have globalized the DMCA and raised the prospect of three strikes and you’re out. In the face of opposition, the U.S. has dropped its demands on secondary liability but is still holding out hope of establishing digital lock rules that go beyond the WIPO Internet treaties and were even rejected by its own courts.
The key takeaways from the Internet chapter, noting that Canada has reserved the right to revisit elements of this chapter at a later date:
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Following the ninth round of ACTA negotiations in Lucerne, Switzerland in July, it became apparent (after the updated ACTA leaked) that the U.S. had caved on some of its demands to include DMCA-like anti-circumvention language in ACTA. The ACTA provisions still go further than the WIPO Internet treaties by mandating […]
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