Archive for September, 2010

Could the EU Walk Away from ACTA, Redux

Two months ago, I posted the question on whether the EU might ultimately decide to walk away from ACTA given the ongoing battle over the scope of the treaty (the EU wants it cover all IP, particularly geographical indications, the U.S. wants it limited to copyright and trademarks).  Although the […]

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September 8, 2010 14 comments News

Politicians Speaking Out on ACTA

Politicians in Europe and Mexico are speaking out on the Anti-Counterfeiting Trade Agreement just as ACTA nears completion.  In Europe, a majority of the European Parliament has signed Written Declaration 12. Initiated by MEPs Françoise Castex (S&D, FR), Alexander Alvaro (ALDE, DE), Stavros Lambrinidis (S&D, GR) and Zuzana Roithová (EPP, CZ). It expresses concern about ACTA by declaring that the negotiated agreement must respect freedom of expression, privacy, and net neutrality.  By obtaining support from a majority of MEPs, the declaration may be deemed adopted.  The full declaration states:

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September 8, 2010 1 comment News

ACTA’s Enforcement Practices Chapter: Countries Reach Deal as U.S. Caves Again

I posted yesterday on the updated Internet chapter in the latest version of ACTA, which features a major change on secondary liability and the U.S. attempt to clawback on recent domestic DMCA changes by arguing against linking circumvention and copyright infringement.  While there remains a number of issues to be determined in that chapter (and a great deal to be addressed in the other IP enforcement chapters on criminal provisions, civil enforcement, and border measures), the rest of ACTA has largely been decided. As in the Internet chapter, where compromise was needed it was the U.S. that did most of it, as it becomes increasingly apparent that the USTR is willing to agree to almost anything in order to bring home an agreement before the next round of elections in November.

The remaining chapters are Enforcement Practices (previously chapter four, but now chapter three), International Co-operation, Institutional Arrangements, and Final Provisions.  A closer look at each chapter and the most notable changes:

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September 7, 2010 4 comments News

Government To Review Apple’s iBookstore Investment

The Governor-in-Council has ordered an Investment Canada Act section 15 review of Apple Canada’s iBookstore. The review of the cultural investment may help explain the delay in the full launch of Apple online bookstore for the iPad.

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September 7, 2010 5 comments News

U.S. Court Sides With Artist in Royalty Dispute, Record Label Vows To Fight

The WSJ reports on a legal battle between Eminem and Universal Records over royalties due for downloads from iTunes.  The court sided with the artist, which would result in a significantly higher royalty rate.  The music label has vowed to fight the decision.

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September 7, 2010 4 comments News