ACTA: Groups Say IP Is Favored In Proposed Treaty

Two consumer watchdog groups are raising new concerns with a draft anti-counterfeiting treaty. In a letter sent Monday to key members of Congress, Public Knowledge and Knowledge Ecology International complained that the Anti-Counterfeiting Trade Agreement (ACTA), being negotiated by the United States and several other countries, includes provisions from prior agreements that are more favorable to intellectual property owners, while leaving out provisions that favor consumers.”Current revelations about ACTA suggest that its provisions are overwhelmingly selected to advantage a narrow set of interests, failing to take into account its effects on the overall economy, the civil and economic rights of the public, and other elements of the public good,” according to the letter sent to the leaders of the House and Senate Judiciary committees, the Senate Finance Committee, the House Ways and Means Committee and the House Energy and Commerce Committee. see:The ACTA Internet provisions: DMCA goes worldwide
That warm flood of outrage through the veins is addicting — but it also runs the danger of being addictive, and of being too easy. As the news broke this week about the “Internet provisions” in the Anti-Counterfeiting Trade Agreement (ACTA), it didn’t take long for the outrage to emerge.For instance, the popular blog Boing Boing (we love you, Cory!) announced that, under the proposed ACTA provisions being drafted by the US, “ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn’t infringing will exceed any hope of profitability.”It also asserted that “ISPs have to cut off the Internet access of accused copyright infringers or face liability.” ACTA Internet Provisions: Three Strikes and a Global DMCA
Negotiations on the highly controversial Anti-Counterfeiting Trade Agreement start in a few hours in Seoul, South Korea. This week’s closed negotiations will focus on “enforcement in the digital environment.” Negotiators will be discussing the Internet provisions drafted by the US government. No text has been officially released but as Professor Michael Geist and IDG are reporting, leaks have surfaced. The leaks confirm everything that we feared about the secret ACTA negotiations. The Internet provisions have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet, including obligations on ISPs to adopt Three Strikes Internet disconnection policies, and a global expansion of DMCA-style TPM laws.As expected, the Internet provisions will go beyond existing international treaty obligations and follow the language of Article 18.10.30 of the recent U.S. – South Korea Free Trade Agreement. We see three points of concern. morphs into an international copyright treaty: InternetNZ’s cyberlaw researcher fellow calls it right on secret copyright talks
Jonathon Penney, a senior research fellow in cyberlaw at InternetNZ, was remarkably prescient when speaking at the Copyright Future conference in Wellington recently.Just days before details of the internet provisions of the secret international Anti-Counterfeiting Trade Agreement (ACTA) were leaked, Penney told the conference, organised by the New Zealand Centre of International Economic Law, that copyright should be viewed “through the lens” of the ACTA and not be seen as an isolated national issue. Zealand ISP says No! to 3 strikes scheme
“Big music and movie interests, and other content producers, are conducting a global campaign to put their interests ahead of citizens rights to use the internet and to not be subject to unreasonable and arbitrary penalties that do nothing for public interest.” The words belong to Jordan Carter, deputy executive director of Internet New Zealand.

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