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

Why The Lack of ACTA Transparency Is Not Standard

In the face of widespread criticism of the lack of ACTA transparency, participating governments and music industry lobbyists have claimed that the transparency issue is much ado about nothing.  As governments seek to keep relevant information secret, those same governments released a joint statement last week arguing that "it is accepted practice during trade negotiations among sovereign states to not share negotiating texts with the public at large, particularly at earlier stages of the negotiation."

It is important to emphatically state that this is simply not the case for many multilateral agreements and the activities of international organizations that typically serve as the forum for global agreement discussions.  U.S. NGO groups have made a strong case for how ACTA's lack of transparency is out-of-step with many other global norm setting exercises.  With regard to international fora, they note that the WTO, WIPO, WHO, UNCITRAL, UNIDROIT, UNCTAD, OECD, Hague Conference on Private International Law, and an assortment of other conventions have all been far more open than ACTA.  For example, it notes that the WIPO Internet treaties, which offer the closest substantive parallel to the ACTA Internet provisions, were by comparison very transparent:

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November 19, 2009 9 comments News

Stopping the ACTA Juggernaut

EFF's Eddan Katz posts a great U.S. legislative analysis of ACTA complete with dozens of links to underlying documents and reports.

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November 19, 2009 Comments are Disabled News

Bannerman on the ACTA Choice

Sara Bannerman has an interesting post on whether to participate or walk away from ACTA.

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November 19, 2009 2 comments News

Copyright Consultation Provides Blueprint for Reform

Forgotten amidst the focus on ACTA over the past two weeks, was a recent column (HT PDF version, homepage version) I wrote for the Hill Times on the lessons that can be drawn from this summer's copyright consultation. The piece appears as part of a special section on copyright that included an interview with Industry Minister Tony Clement, Charlie Angus, Howard Knopf, Pina D'Agostino, and Simon Doyle (amont others). I note the government is still in the midst of posting all the submissions, but with thousands now online, it is not too early to begin drawing some lessons. 

What does the consultation teach us?  There are at least eight conclusions of note:

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November 17, 2009 11 comments Columns

OHRLP Publishes Compilation of Copyright Consult Submissions

The Osgoode Hall Review of Law and Policy has published a compilation of copyright consultation submissions in its November 2009 issue. My copyright consultation is available for download.

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November 16, 2009 Comments are Disabled Reports