Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

The EU ACTA Consultation: European Commission vs. European Parliament

The European Commission hosted a fascinating consultation on ACTA today.  Luc Devigne, the lead European negotiator, opened with a brief presentation and proceeded to field questions for over an hour.  The full consultation video is available online.  The discussion touched on many issues including Devigne arguing that the WTO consistently blocked any attempt to address IP enforcement issues and stating that the treaty is limited to enforcement and not new substantive provisions (this assumes that anti-circumvention rules are a matter of enforcement, not substance).

The two big issues of the day, however, were three strikes and the European Parliament ACTA resolution. On three strikes, Devigne repeatedly stated that the EU was bound by EU law and that it was not supporting any inclusion of three strikes in ACTA.  In fact, Devigne went further in claiming that no one had even proposed the possibility of three strikes.  This despite the fact that a memo produced by his own department stated:

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March 22, 2010 6 comments News

Angus Shakes Up Copyright Landscape

Appeared in the Toronto Star on March 22, 2010 as MP Shakes Up Copyright Landscape Charlie Angus, the NDP Member of Parliament and musician, has a reputation for speaking his mind.  Last week, he did more than just speak out.  Angus single-handedly shook up the Canadian copyright landscape by promoting […]

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March 22, 2010 Comments are Disabled Columns Archive

NZ ACTA Meeting Agenda Leaks: Time for Crime, Not Much For Transparency

The draft agenda for the upcoming New Zealand ACTA meeting has leaked along with information on negotiating venue and other logistical details.  The agenda commits a full day for each of border measures, Internet enforcement, criminal measures, and civil enforcement.  The final day – the meeting is a record five […]

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March 22, 2010 5 comments News

Knopf on the Opposition to Fair Dealing

Howard Knopf posts on the opposition to the Angus fair dealing motion, warning "make no mistake – these folks are trying to push back and to effectively undo the decision in CCH v. LSUC."

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March 22, 2010 1 comment News

New ACTA Leaks: Criminal Enforcement, Institutional Issues, and International Cooperation

New ACTA leaks have emerged this week that fill in the blanks about the remainder of the still-secret treaty.  While earlier leaks provided extensive detail on the Internet and civil enforcement chapters, these latest leaks shed new light into the criminal enforcement section, the chapter on ACTA institutional issues, and international cooperation.

Criminal Enforcement

As described by KEI, the European Union has proposed language to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale."  Willful copyright infringement includes instances that "have no direct or indirect motivation of financial gain."

Institutional Arrangements

KEI reports that the Institutional Arrangement chapter – Chapter 5 of the ACTA text – is the second longest in the treaty.  It includes the creation of an ACTA Oversight Committee that may have the power to amend the treaty itself.   The leaked text reveals the following proposal:

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March 19, 2010 22 comments News