Posts Tagged ‘ACTA’

India issues intervention on TRIPS/ACTA at WTO

India has reportedly been speaking out against ACTA in negotiations for some time, and now we can really take a look at what they’re protesting. On the 9th of June, India issued an intervention to the World Trade Organization’s TRIPS (Trade Related Aspects of Intellectual Property Rights) Council with regards to the ACTA agreement. TRIPS is responsible for such things as copyright rights, performance/production rights, patents and trademarks.

The document is available here, but I’ll pick out a few key bits that really focus in on some major issues with ACTA as written now.

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Three tech groups against current draft of ACTA

As reported by The Hill, three major industry tech organizations are publicly stating their opposition to the current draft of the ACTA agreement.

The groups in question are the Consumer Electronics Association, TechAmerica and the Computer & Communications Industry Association. All three groups support enforcement of copyright, but they feel that the current agreement will act against US companies.

One major point of contention is the significant lack of fair use standards that allow limited use of copyrighted material. For example, these sorts of exemptions allow major search engines like Google, Yahoo and Bing to store content in memory to be ‘pulled up’ through web searching.

“We would expect the administration to be as concerned as we are about the existing trend of foreign countries imposing unjustified civil and criminal liability on U.S. technology companies and their executives,” the groups wrote.

The companies left the door open to supporting a narrower version of the trade agreement, “one focused on preventing the proliferation of counterfeited trademarked goods — in particular those that endanger public health or safety.”

But tackling digital copyright, they said, allows the process to become “enmeshed in [...] highly contentious issues.”

This does present a complaint from a different side of the sphere, as most previous calls for change have come from concerned citizens groups or those calling for more transparency in ACTA negotiations. Those negotiations are expected to result in a draft agreement perhaps by the end of 2010.

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When does copyright protection go too far?

copyright

Copyright:

The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

Ok, so we know that copyright comes into play so that artists are not ripped off and can be protected. I get that, and have no problems with it. It is important to have, and artists do need a protection. What goes a little too far is when going after copyright violators becomes a business for lawyers to make money.

The other aspect is if you look at ACTA, DMCA, Three Strikes rules, etc… its pretty much a blanket coverage and targets things that are not ‘piracy’ or ‘infringing’ at all. There is something called a ‘derivative work’ which means you can take original work, use it to create new work, and that is perfectly legal.

 

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Use open source software? You’re a pirate.

piratebaby

The Guardian reports that a US copyright lobby is trying to get the US Trade Representative (USTR) to include countries that use open source software to be included in the USTR’s Special 301 list. Countries like Indonesia,  Brazil, India, Philippines, Vietnam and Thailand. Why these countries? Because they have enacted legislation to have public entities switch over to open source software.

So who is this copyright lobby? The International Intellectual Property Alliance (IIPA), basically a front group for the RIAA, the MPAA and the ESA. The same ones behind every Three Strikes Law in various countries, the ones calling the shots over ACTA which is in secret talks and completely non-transparent to citizens of the countries this would effect. So basically the people with something to gain, which are exactly the wrong people who should be guiding these things.

These are also the same guys who applauded the fact they got Canada placed on this list, despite the fact that Canada complies with its international IP agreements and works with the US government on these issues. The CCIA, basically an industry heavy group with members like Google, Yahoo, Microsoft, nvidea, AMD, ebay, etc, fully backs Canada and says Canada’s laws are fine. In fact Canada’s IP laws are in many ways more strict than US laws are.

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ACTA : Why You Should Be Concerned

ACTA, or the Anti-Counterfeiting Trade Agreement is  an international trade agreement that would standardize intellectual property rights (IP) enforcement amongst all signatories.

The problem with ACTA is that it is being hammered out in complete secrecy and some of the information that has gotten out about it points to some very scary stuff. Why is it scary? It’s scary because some of the provisions would pretty much violate civil liberties, the right of privacy and the presumption of innocence that constitute the backbone the judicial systems in most modern democracies.

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