Slashdot Mirror


Look Inside A PC-killing WIPO Treaty

mouthbeef writes "The Broadcast Treaty is a proposal from a WIPO Subcommittee that's supposedly about stopping 'signal theft.' But along the way, this proposal has turned into a huge, convoluted hairball that threatens to make the PC illegal, trash the public domain, break copyleft and put a Broadcast Flag on the Internet. The treaty negotiation process is unbelievably convoluted and hard-to-follow, and they've just wrapped up the latest round in Geneva. But for the first time, a really large group of "civil society" orgs were accredited to attend. Me and another EFF staffer and the Coordinator of the Union for the Public Domain created a heavily editorialized impressionistic transcript of the meeting (EFF mirror, UPD mirror), trying to untie the knots in the negotiation. This is the first time that a really exhaustive peek inside a WIPO treaty negotiation has ever been published -- get it while it's legal!"

38 of 514 comments (clear)

  1. DUPE! by Anonymous Coward · · Score: 4, Informative
    "This is the first time that a really exhaustive peek inside a WIPO treaty negotiation has ever been published -- get it while it's legal!""

    Unfortunately, I already beat you to it! and most of the links you mention were alreayd mentione din comments. All I have to say is... if you're going to have an email address so that subscribers can let the editors know of dupes, atleast READ the email you get on it

    Signed,
    AC

  2. Hooray for the UN! by penginkun · · Score: 5, Insightful

    Boy, it's obvious the UN isn't in the pocket of the Big Corporations, yessiree!

    Will they outlaw ink and paper next?

    1. Re:Hooray for the UN! by csbruce · · Score: 4, Informative

      Boy, it's obvious the UN isn't in the pocket of the Big Corporations, yessiree!

      No, the UN is worse. It's $10-billion oil-for-food scandal makes Wall Street accounting foibles look like kiddy play. This follows directly from Bruce's Law: All unaccountable organizations are corrupt.

    2. Re:Hooray for the UN! by MoonBuggy · · Score: 4, Insightful

      Will they outlaw ink and paper next?

      If they outlaw my PC, my OS's license and the OSS project which I am involved in, it looks like I'm going to be an outlaw, as they say.

      When laws stop making any kind of sense or justice, I stop obeying them.

    3. Re:Hooray for the UN! by csbruce · · Score: 4, Informative

      Here is some interesting reading. Just Google for it. It's funny how you don't hear much about this on the nightly news. If it's not bad enough that the UN is a sprawling bureaucracy that burns through billions of dollars a year and can always be counted on to sit on its ass while tens of millions of civilians are murdered by their own governments, it still maintains a petina of legitimacy among those who like to maintain their comfortable illusions. Just listen to how dogmatically its apologists defend it. "It must be good... because it must be." It's only real contribution to the world is to provide a meeting place for representatives from around the world to talk. But surely a tables and chairs can be had for less than the UN's annual budget.

  3. That else are the gonna do? by Skyshadow · · Score: 4, Funny

    Hey, if the government doesn't trash the economy and the rights of individuals in order to protect an outdated and relatively small sector of the business community, what good are they?

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:That else are the gonna do? by Planesdragon · · Score: 5, Insightful

      After all... the fact that George W Bush is President proves that we do not have a democracy.

      Not at all.

      The fact that Gore aquiesced and neither Gore's nor Bush's supporters rebelled due to the court's decision and the Senate's failure to act is proof that we DO have a democracy.

      The fact that the Senate didn't do their job and debate the Florida results in Congress, which essentially gave Bush the presidency, is proof that each left-wing Senator elected before 2000 is a pansy and a pushover who should resign.

    2. Re:That else are the gonna do? by Xaleth+Nuada · · Score: 5, Informative

      One common fallacy that keeps coming up in all these debates with regards to the 2000 election is the word democracy. This is the one word that everyone keeps saying and yet doesn't apply. Why?

      Because The United Stated of America is a REPUBLIC. Yes the citizens are given the right to vote. But unlike a true (read: classical) democracy we do not vote on the specific issues, except in state or local elections. We vote in represenatives to do our voting for us. In ancient Greece (Athens) every voting citizen would gather together and vote on the issues that the government was dealing with (taxes, war, trade, etc.) One citizen, one vote. Or as we like to call it: The Popular Vote. (Popular being Populus or Population)

      We don't do that in the US. Our Presidental elections were set up from the beginning with an electoral college. We vote to tell other people how to vote. This is the foundation of a Republic (see the combo of the word represent and public?) Etymology and History are neat huh?

      --

      I read Slashdot for the .sigs
    3. Re:That else are the gonna do? by DaHat · · Score: 4, Informative

      You misunderstand my point.

      First up though... it was not the Senate's place to act as the vote in Florida was certified and the electors voted as expected based on the certified results. Quoting from the Federal Election Comission:

      In the event no one obtains an absolute majority of electoral votes for president, the U.S. House of Representatives (as the chamber closest to the people) selects the president from among the top three contenders with each State casting only one vote and an absolute majority of the States being required to elect. Similarly, if no one obtains an absolute majority for vice president, then the U.S. Senate makes the selection from among the top two contenders for that office.

      Now back to my point:

      In a democracy, the majority rules, and those eligible to vote are given the opportunity to directly vote on an issue.

      In a representative democracy, we elect persons who we believe will represent our interests.

      In a republic (as we have (I can prove it later if you don't believe me), we vote for electors and ultimately tell them what we would like them to do, but for the most part they are NOT required to act as we ask.

      Only 26 states in the union ( + DC) have laws requiring an elector to cast their ballot in a given way... and yes, Florida is one of those states.

      That means of the remaining 24, comprising of 254 Electoral Votes, are NOT required to vote for the candidate that their state does. Traditionally they do, however they are not required to and theoretically, if a large enough number of electors voted differently then the population of the states they represent did... we could have an elected president who received even fewer votes (percentage wise) then Bush did in 2000.

      If you think for a moment that the fact that "The fact that Gore acquiesced" counts him out, you are sadly mistaken and need to do some reading on how US Presidential Elections work.

    4. Re:That else are the gonna do? by Tristan7 · · Score: 5, Funny

      And as much as I hate what my senators vote for, they do represent the firmly held beliefs of the assholes that live down the street.

  4. Stop stealing the photons I'm emitting by IvyMike · · Score: 5, Funny

    I'm serious. I keep emitting photons, and all these people keep engaging in signal theft, usually by looking at me, or even more nefariously by having cameras.

    1. Re:Stop stealing the photons I'm emitting by JeffTL · · Score: 4, Funny

      Actually you are REFLECTING photons, therefore infringing on the intellectual property of General Electric, Westinghouse, many other lumination consultancy firms, and moreover the stars themselves. Pirate!

    2. Re:Stop stealing the photons I'm emitting by DaHat · · Score: 4, Funny

      I'm more concerned about the evil radio waves which keep trespassing on my property, permeating my entire home and being. My tin foil hat just isn't enough!!!

      I'm thinking I need to construct a large set of lead shielded antennas and satellite dishes so as to keep them from getting inside my home... and... while I've got em captured, might as well do something with em, same I have no clue what to do.

    3. Re:Stop stealing the photons I'm emitting by WormholeFiend · · Score: 4, Funny

      I encrypt the photons that I reflect with Hawaiian Flower print shirts.

    4. Re:Stop stealing the photons I'm emitting by Omnifarious · · Score: 4, Informative

      Theat's not true. Though it is true that he isn't emitting photons in the visible spectrum. :-)

    5. Re:Stop stealing the photons I'm emitting by IvyMike · · Score: 5, Interesting
      Since when things flouresce, they emit photons, I was going to make a joke that I weara lot of DayGlo clothing with daylight fluorescent pigments. But then I ran across this fact on google:

      Clothing: Nearly all laundry detergents contain a fluorescent dye that emits strongly in the blue when exposed to sunlight. The blue light counteracts the yellow tinge of old or incompletely cleaned clothing and thus makes clothes appear cleaner than they really are. The dye is designed to fluoresce in daylight.

      You learn something new every day.
  5. The world gets together to talk by darth_MALL · · Score: 5, Insightful

    and look what they choose to do with it. *sigh*

  6. lets see... by abscondment · · Score: 4, Informative

    participate in the manufacture, importation, sale, or any other act that makes available a device or system capable of decrypting or helping to decrypt an encrypted program-carrying signal

    This doesn't only rule out computers; say goodbye to paper and pencil, too.

    Depending on what sorts of "encryption" were used with a signal, all sorts of devices could potentially aid in that signal's decryption. I mean, it could be argued that whatever appliance was intended to receive that signal could potentially be modified to aid in decryption. Sounds a little self defeating--lets hope it actually is defeated.

  7. The trouble with vague legislation by freejung · · Score: 5, Interesting
    from Article 16, Alternative V:

    2. In particular, effective legal remedies shall be provided against those who:
    ...
    (iii) participate in the manufacture, importation, sale, or any other act that makes available a device or system capable of decrypting or helping to decrypt an encrypted program-carrying signal.

    This is obviously insanely vague. Now, they might argue that obviously they didn't mean to outlaw PCs and televisions with this wording, and of course it wouldn't be interpreted that way. But that's not the point.

    The point is, such vague and overly inculsive laws set a dangerous precedent. Later on, when somebody wants to outlaw some new form of decryption technology, all they have to do is point to the language of this law and say, "see, this is exactly the sort of thing it's talking about." Never mind that this language is so broad it could be applied to almost anything with circuitry.

    The freedom you give up now, assuming the goodwill of the powers that be, is the freedom you won't have later when that goodwill runs out.

    1. Re:The trouble with vague legislation by pclminion · · Score: 5, Insightful
      Never mind that this language is so broad it could be applied to almost anything with circuitry.

      Just circuitry? This treaty refers to a "device or system." That's by no means limited to circuitry.

      The atmosphere is a system, a physical one, which provides sustenance to humans and allows them to remain alive so they can decrypt signals. Hence, this treaty outlaws the atmosphere.

      A human is a system, a biological one, which is capable of decrypting signals. Hence, this treaty outlaws humans.

      The universe is a system, the ultimate system, in which the pesky humans and their decrypting computers exist. Were it not for the universe, nobody would be able to break their precious signals. Hence, this treaty outlaws the universe.

      Jeez, if you're going to hold people to the letter of the law, you better make damn sure your law doesn't accidentally outlaw the universe.

  8. Uh, if you don't want your signal stolen.. by the_rajah · · Score: 4, Funny

    for Pete's sake just don't broadcast it!! How simple is that. Duh!!

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
  9. When computers are outlawed... by Rick+the+Red · · Score: 4, Interesting
    When computers are outlawed, only 97% of the population will care. Or something like that.

    Hell, I'll bet Time Warner is dancing for joy over this treaty, but wait until they come into CNN's headquarters and take away all the PCs and video monitors. And what will Disney say when ABC is shut down because nobody is allowed to watch it anymore?

    I'd love to see the FBI enforce this one! If you thought our government was in Wall Street's pocket now, well, wait until they try to take all computers away from the Fortune 500 :-)

    --
    If all this should have a reason, we would be the last to know.
  10. What moron drafted this? by pclminion · · Score: 4, Interesting
    participate in the manufacture, importation, sale, or any other act that makes available a device or system capable of decrypting or helping to decrypt an encrypted program-carrying signal

    That doesn't just outlaw PCs, it outlaws everything. It outlaws the Earth, because on the Earth is a living system of organisms, one of which (homo sapiens) is capable of decrypting a program-carrying signal. Without the support system of the Earth, humans could not exist, therefore the Earth is "helping to decrypt."

    I have to wonder how people, who are obviously incapable of drafting a treaty without accidentally outlawing all of existence, have ever reached such positions of legal authority...

    1. Re:What moron drafted this? by Lodragandraoidh · · Score: 4, Interesting

      WIPO is almost fully (91% I believe) funded by IP holding multinational corporations. Their charter states that their purpose is to bring IP protection standardization to the world - which translates to mean standardizing IP protections to best benefit thier primary funders.

      Developing nations and public advocacy groups are being crushed as the IP juggernaut rolls on.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
  11. NPA by freejung · · Score: 4, Funny
    wouldn't that make sex illegal too?

    They can have my penis when they pry it from my cold dead fingers!

  12. WIPO by Seth+Cohn · · Score: 4, Interesting
    Sadly, government corrupts, and world government corrupts absolutely.

    For those of us in the United States, I strongly urge you to look at things like the Free State Project. (http://www.freestateproject.org)This isn't a bunch of wackos looking to move to Montana for another Waco holdout, it's made of people like you who will stand up, be active, and work within New Hampshire (already the best representative State with only 3000 people per Rep, as well as strongly libertarian minded) to reduce the size of government. It's our only hope, because the more they pass nonsense like this, the more you and your neighbors had better stand together...

    If p2p becomes a crime, you want your neighbors to defend you when the thoughtcrime police show up. And don't kid yourselves, we are rapidly coming to that.... The day when you click on the wrong download button and the police knock on your door is already here.
    Don't own a computer? Get sued by the RIAA
    12 years old? Get sued by the RIAA
    66 Years old and never used a computer? Yes, Get sued by the RIAA
    Now just imagine the force of the WIPO, and 'the law' bolstering this nonsense...

    --
    Help achieve Liberty in your lifetime - join the Free State Project - http://www.freestateproject.org
  13. All those futuristic films were right by ObsessiveMathsFreak · · Score: 4, Insightful

    We ARE all being ruled by corperations!

    Well at least by proxy. Coperate reps bribe/dine/blackmail/makeloveto ministers/senators/congressmen/presidents/MEPs/Med iaBosses
    and the rest of us end up losing what little rights we have.

    WIPO is a forum set up by the powerful for the powerful. An unelected body whose job it is to increase the powers of producers and reduce the rights of consumers.

    I'm sick of this rubbish. Big business getting laws passed so that if we want to even glance at a film we must pay money each and every time. what's next? CD's with ongoing fees? DVD's that self destruct? MP3s with encryption?

    Oh wait......

    --
    May the Maths Be with you!
  14. Re:Relax, it's only a treaty. by Alsee · · Score: 5, Insightful

    You have it BACKWARDS. The US and corporations are pushing *for* this treaty. The purpose is to shut down the pesky public and pesky innovators with things like VCRs and the internet and PVRs and opensorce software that can allow a computer to be or do anything with 'content'.

    Corporations especially want to eliminate that pesky 'fair use' nonsense.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  15. Not Your Friend! by Nom+du+Keyboard · · Score: 4, Interesting
    Why do people -- at least those in relatively free countries -- keep thinking the United Nations is your friend? It's not!

    And it hasn't been every since it quit trying to regulate how countries behaved, and started trying to regulate how the people within those countries behave!

    There are a lot of rather repressed countries seeking to use this UN to regulate the entire world down to the lowest common denominator. So this should be no surprise to anyone.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  16. Re:My thoughts... by katsushiro · · Score: 4, Informative

    Actually, there's a funny story about that... heh.. you see, I've actually been reading the notes on the treaty for the past couple of days, and a whole bunch of nations, notably Brazil and several others, are quite opposed to this treaty, out and out stating that it's a danger to creativity, the free flow of information, etc. etc. etc., and they repeatedly keep asking for this treaty, or at least several particularly nasty parts of it, to be removed. Only a few nations seem to be eager to see this mess go through, and chief among them is the US: the US delegates keep harping on about how industry needs the protection that this treaty will give it, and how the other nations just don't *understand* the real meaning of the many nasty clauses in the treaty. So, basically, it's the US that is doing most of the pushing to get this treaty passed as is, with all the nastyness. Keep in mind that most of the stuff on this treaty wouldn't affect the government itself. It wouldn't be illegal for the NSA to use encryption. It *would* be illegal for normal citizens to use it, or attempt to crack or understand it. The US government, and a large chunk of big business, would love nothing better than to see this treaty go through, since all of it benefits them, and none of it benefits the average joe.

    --
    "Two things are infinite: the universe, and human stupidity. And I'm not sure about the first one." - Albert Einstein
  17. Canada's comments disregarded by kwandar · · Score: 4, Informative

    Apparently most/all of Canada's comments were completely disregarded.

    I'm left to wonder if our representation is that bad (probably) or if Canada is just expected to go along with the status quo, as put forth by the US (probably).

    Personally - while radical and unlikely - I'd just as soon see Canada completely withdraw from this organisation.

  18. That's EXACTLY the point. by Chris+Burke · · Score: 4, Insightful

    Look... whatever... nobody is going to ban PCs or pen & paper or your brain or math or your TV set.

    Right. And if that's all it takes to make you happy...

    Though we already know that the general-purpose PC is directly in the sights of these companies for termination. But as long as your rented locked-down media-center pay-per-view system came from Dell and it has a Pentium in it, it's still a PC, right?

    These people have their own agenda, however they aren't stupid by any stretch (which they would have to be if these interpreted outcomes have any chance of happening; think about it, don't just react). Calm down, go back to what you were doing and forget about this...

    Yes, think about it. The point is not that this will result in the outlawing of PCs or paper, but the fact that it could. When they could apply the law to anything that means they will apply it to everything they want to. Someday, that just might include something you don't want them to. But you missed your chance, because you believed it couldn't happen.

    This is exactly the same technique behind the passage of the PATRIOT act. "Oh, but it will only be used against terrorists!" they said, even though nothing in the act itself ensured that this was the case -- it could be applied to practically anything, but just calm down about it because that won't happen, okay? Then a couple years later, morons (particularly Democrats) in Congress are shocked and dismayed that *gasp* the PATRIOT act powers were used in many (mostly) non-terrorism investigations! "I never would have voted for it if I'd known that was going to happen!" they said. Shite. Idiots.

    And what will be your excuse when you still have your "PC", but you can't install any software that wasn't approved by the Powers That Be because that software might not respect the new rights they just gave themselves? When that and your precious pen & paper is all you have? Well?

    --

    The enemies of Democracy are
  19. How did Argentina get in the middle of this???? by TheNarrator · · Score: 4, Insightful
    From the link " Making the PC Illegal".
    Note this this is just an "alternative" under consideration. It was proposed by Argentina, and Switzerland proposed language that "roughly corresponds" to it. I don't know whether the U.S. has taken a position on this, but I assume the U.S. is still in favor of computers being legal.

    Argentina doesn't really have a significant media industry with the exception of exporting some telenovelas. How did they get into the middle of setting intellectual property and technology standards? Maybe it's the less than democratic governments in the developing world that are equal members of WIPO that put all this weird stuff in here. I'm talking about the same countries who put Cuba, Zimbabwe and Sudan on the U.N human rights commission.

  20. Re:Free State Project by Seth+Cohn · · Score: 4, Interesting

    The goal is to find 20,000 people.
    We're at nearly 6,000 people now.
    The only way to we'll go from 6K to 20K in the next year or so is to tell more people about it, aka publicity, aka 'hawking it'.

    If you have a better way to find 14K libertarian minded people, please speak up. In my mind, the slashdot crowd tends to be more libertarian, technology freedom/rights aware, and able-to-move due to portable job skills (aka the Internet crowd telecommuting). In other words, a good key demographic for people able to be part of this.

    If you've heard about the FSP, you're already in the minority... we come across lots of interested people every day who still haven't heard of it yet.

    --
    Help achieve Liberty in your lifetime - join the Free State Project - http://www.freestateproject.org
  21. that's no critique. by metalhed77 · · Score: 4, Insightful

    You have not demonstrated that the UN is sufficiently worse than all the governments underneath it. The UN is no worse than any nation-state, in fact it occasionally goes to those areas of the world the US is so reticent to participate in like africa and provides minimal support. Minimal it may be but it's better than what the US ever does.

    You wanna talk UN don't restrict your debate to Iraq or whatever, talk about the whole UN and talk about what the world would look like without the UN and why it would be better.

    Anything less is simple finger pointing.

    Your arguments are shallow, and a wholesale indictment of the UN would need to be hundreds of pages of foot-noted text. Don't insult my intelligence with this cheap wankery. Since I'm not the one making the ridiculously shallow claim the burden of proof doesn't rest on me.

    --
    Photos.
  22. Thanks, Henry David Thoreau! by Rimbo · · Score: 4, Insightful

    "When laws stop making any kind of sense or justice, I stop obeying them."

    Or as Thoreau stated in "Civil Disobedience," when a law is unjust, it is the duty of the just man to break that law.

    1. Re:Thanks, Henry David Thoreau! by Hatta · · Score: 4, Interesting
      The proper quote is:
      "Under a government who imprisons any unjustly, the true place for a just man is prison."
      I strongly encourage everyone to read this essay. It is, IMNSHO, the most important statement on the relationship between man and the state ever written. Here are more gems:
      This government never of itself furthured any enterprise but with the alacrity with which it got out of its way. It does not keep the country free. It does not settle the west. It does not educate. The character inherent in the American people has done all that has been accomplished; and would have done if the government had not sometimes gotten in its way. For government is an expediant, by which men would fain succeed in letting one another alone; and as has been said, when it is most expediant, the governed are most left alone by it"

      Must the citizen ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience then?

      The mass of men serve the state thus, not as men mainly, but as machines, with their bodies. They are the standing army, and the militia, jailers, constables, posse comitatus, etc. In most cases there is no free exercise whatever of the judgement or of the moral sense; but they put themselves on a level with wood and earth and stones; and wooden men can perhaps be manufactured that will serve the purpose as well. Such command no more respect than men of straw or a lump of dirt. They have the same sort of worth only as horses and dogs.

      This one is particularly relevant today:
      I hear of a convention to be held at Baltimore, or elsewhere, for the selection of a candidate for the Presidency, made up chiefly of editors, and men who are politicans by profession; but I think, what is it to any independant, intelligent, and respectable man what decision they may come to? Shall we not have the advantage of this wisdom and honesty nevertheless?

      I've gotten carried away here, there's just too much, so I'll end with a bit from the last paragraph:
      The progress from an absolute to a limited monarcy, from a limited monarcy to a democracy, is a progress toward a true respect for the individual... Is a democracy, such as we know it, the last improvement possible in government? Is it not possible to take a step further towards recognizing and organizing the rights of man? There will never be a really free and enlightened State, until the State comes to recognize the individual as a higher and independant power, from which its own power and authority are derived, and treats him accordingly.
      --
      Give me Classic Slashdot or give me death!
  23. Who are we kidding by pherris · · Score: 4, Insightful
    We complained about:

    Digital Millennium Copyright Act

    USA PATRIOT Act and the proposed PATRIOT II Act

    CAPPS and CAPPS II

    Copyright Extentions

    Software Patents

    Evoting without a paper trail

    ECHELON

    Privacy concerns with RFIDs

    SLAPPs (Strategic Lawsuits Against Public Participation)

    EULAs

    Racial Profiling in Law Enforcement

    What was done? Nothing. Does anyone here really believe that Congress will "do the right thing" on this "broadcast bit" issue? The magic eight ball says "no fucking way". I personally don't see what the solution is. Bread, circus and prison baby, that's all that will be left.

    If I may quote Frank Zappa from "The Meek Shall Inherit Nothing":

    You say yer life's a bum deal
    'N yer up against the wall ...
    Well, people, you ain't even got no kinda
    Deal at all
    'Cause what they do
    In Washington
    They just takes care of NUMBER ONE
    An' NUMBER ONE ain't YOU
    You ain't even NUMBER TWO
    Think about this: in Iraq right now there are US Soldiers without bulletproof jackets and Humvees without any armour protection yet with have >$100M USD for a State Funeral of Former President Reagan?

    Forget it kids, game over.

    --
    "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST