FTAA Treaty Threatens Innovation
The Importance of writes "IP Justice has published a white paper on the intellectual property aspects of the Free Trade Area of the Americas (FTAA) treaty, which is an attempt to create a single free trade agreement for the Western Hemisphere. Read the press release. The analysis is pretty devastating. The proposed language of the agreement has a number of serious flaws, including (but certainly not limited to) enhanced criminal penalties, a super-DMCA provision, reduced scope for fair use, and database protection elements.
The proposed treaty is supposed to be complete by January 2005 and go into effect December 2005. Now is not too early to let your representatives and others know what a bad idea the intellectual property elements of the treaty are."
1. Expanded Criminal Penalties Would Send Non-Commercial Infringers to Prison
a) Threatens to Mandate Prison for P2P File-Sharing
Wow. Now, I'm not in the camp of people that says "FREE STUFF FOR EVERYONE, SCREW IP!" and I actually support (reasonable) penalties for the people who get caught (after all, they ARE breaking copyright law, whether they atually cost the company anything or not). This, though, is just crazy. Why should Joe Schmoe, who is sharing a bunch of Linkin Park and Limp Bizkit MP3s, spend time in PRISON for doing so?
It would be understandable if he were making copies of the CDs and selling thousands of them, but it says non-commercial infringers.
Scary.
-- Dr. Eldarion --
"Oh, no. Anything but free trade."
The Free Trade Area of the Americas is about protectionism? That's worse than "fighting for peace".
The "free trade" agreements seem to support incumbent businesses at the expense of innovation, which is the opposite of their intended use.
I'm no free trade nut - I think there's plenty wrong with unfettered free trade - but in the scope of problems it can address, let's use it to address them, and not further protect entrenched ways of doing things.
It's not wasting time, I'm educating myself.
b) Article 4.2 Permits Additional Criminal Procedures and Penalties Against Non-Commercial and Non-Willful Infringers c) Articles 4.3 and 4.4 Permit Seizure and Destruction of Property and Assets d) Article 4.6 Permits Criminal Charges Without the Need for a Private Complaint soooo, basically, if middle-class stockbroker Bob Schmoe doesn't know his son is downloading mp3s and warez, the feds can just hop in and seize his comp, and put him away without ever having to hear from some company? Whatever happened to "Stop, thief!".... bleh...
You win battles by knowing the enemy's timing, and using a timing which the enemy does not expect. Miyamoto Musashi
NAFTA threatens environmental protection will FTAA be any better? NAFTA threatens public services will FTAA be any better?
Lower barriers to trade is a good Idea, but the FTA, NAFTA, and FTAA has little to do with trade, and everything to do with making governments subservient to trans-national corporations.
I don't think $10,000 would cut it, anymore. A Congressman would wipe his ass with it and send it back to you for being so cheap.
Healthcare article at Kuro5hin