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Anti-Counterfeiting Trade Agreement

SpaceAdmiral writes "The Canadian government is secretly negotiating to join the US and the EU in an Anti-Counterfeiting Trade Agreement. The agreement would give border guards the power to search iPods and cellphones for illegal downloads, as well as to force ISPs to hand over customer information without a warrant. David Fewer, staff counsel at the University of Ottawa's Canadian Internet Policy and Public Interest Clinic, characterizes ACTA this way: 'If Hollywood could order intellectual property laws for Christmas what would they look like? This is pretty close.'"

46 of 390 comments (clear)

  1. Probably Related, EU Software Patent Treaty. by twitter · · Score: 1, Insightful

    If you can't buy a law, buy a treaty. This one would force software patents on the EU. I am ashamed of my country for pushing things like this and I'm amazed we try given our excessive petrolium consumption, excessive pollution and a war of aggression. Is this GWB's way of getting as much done as he can before leaving office or have all of the world's government become this much less democratic?

    --

    Friends don't help friends install M$ junk.

    1. Re:Probably Related, EU Software Patent Treaty. by erroneus · · Score: 3, Insightful

      GWB and his parties aren't smart enough to understand what they are doing. What they understand is they have power and that it is valuable... they have made it available for sale and there are ample buyers out there buying their piece of the government and by extension, control of the world.

      I doubt any explanation could be more accurate and simple at the same time.

    2. Re:Probably Related, EU Software Patent Treaty. by aurispector · · Score: 2, Insightful

      Hey, don't pin the blame just on Bush. The democrats have been in the pocket of the entertainment/media industries for years. Nancy Pelosi and Harry Reid stand up there and shill for every new copyright enforcement law that big media writes for them.

      Pay attention to this shit, because party politics is just another big, fat, red herring the corporate drones are waving in your face. Neither party has your interests at heart.

      --
      I have mod points. The reign of terror begins now.
  2. how do counterfeiting and copyright by mikesd81 · · Score: 2, Insightful

    go together?

    --
    That which does not kill me only postpones the inevitable.
    1. Re:how do counterfeiting and copyright by jeiler · · Score: 3, Insightful

      To me, it sounds like they're completely raping the legal system to accomplish their goal. Which can only result in contempt for copyright laws.

      --

      If you haven't been down-modded lately, you aren't trying.

      Sacred cows make the best hamburger.

    2. Re:how do counterfeiting and copyright by gnuman99 · · Score: 4, Insightful

      I'm a proponent of IP laws and copyright. But how the heck is counterfeiting and IP fit together?? Sorry, but it doesn't make any sense.

      Counterfeiting to me means items produced as a "look a like" or in similar context, without a license to use the trademark. So, candy or tires or even CPUs can be counterfeit. But IP is not, because only counterfeit is reverse engineering. IP generally gets copied exactly. So how the heck is that counterfeit??

      The only way they can apply it is if you have counterfeit CDs or DVDs or similar. But that still applies to the media marks, not the IP. The video is not counterfeit, the media is.

      Or is someone selling KDE has "Windows Vista"?

      Counterfeit and IP don't exactly make sense.

  3. Fuck This by Anonymous Coward · · Score: 2, Insightful

    I can't wait for the baby boomers to die so we can take our damn country back and start thinking logically about copyright law.

    1. Re:Fuck This by moderatorrater · · Score: 2, Insightful

      It's going to be a while. People who were undergrads when napster was out aren't even able to run for president yet. When these people are the politicians and the dominant party, what new issues will they be missing out on? Will we be seen as a stodgy class that refuses to give up these stupid privacy laws that make it so that the darn kids can't join 15 sites at once? Perhaps the pendulum will swing the other way, and they'll be getting angry because we're not letting artists control their works, because nobody can get a job writing software because president Stallman (or similar) refuses to recognize any actionable copyright or patents.

      The real answer is smaller federal government and less laws so that thigns can be decided on a smaller scale or not decided by the government at all. Too bad there aren't any parties that run on that platform in the US.

    2. Re:Fuck This by mOdQuArK! · · Score: 5, Insightful

      I strongly disagree with your assertion that IP protection will "protect America's future". If anything, IP protection will strangle America's ability to compete with foreign competitors.

      There's even a precedent: when America was entering the Industrial Revolution, it built up a great deal of its powerful industrial base by "stealing" inventions from Europe. The European countries protested a lot about the U.S. stealing industrial secrets, but that didn't stop the U.S. from using those ideas to leapfrog its competitors into an economic powerhouse.

      Doesn't that sound similar to the relationship that the U.S. has with China right now? What could the U.S. possibly offer China that would be worth China deliberately ignoring all those good inventions that it can use to build itself up?

      If America really wanted to maintain a technological lead, it would be investing in educating its citizens in hard math & science, investing in applied research, and helping U.S.-only companies use the fruits of that research.

      Instead, we get "leaders" who defund public education & finance anti-science propaganda campaigns, and who seem to think that America can keep a position of "world leadership" by waving its military dick around. Between those kinds of leaders & the idiots who blindly follow them, America has pretty much set itself up to be given the "Most Deserving of Becoming a Has-Been Superpower" award.

    3. Re:Fuck This by mOdQuArK! · · Score: 2, Insightful

      > And what economic good are all those scientists if all the knowledge they create effectively goes into the public domain?

      The economic good is created by the entrepreneurs who take those public domain ideas & use them to sell goods & services of course. That's why investing in public domain research is an "infrastructure" investment, not a means of creating direct economic value.

    4. Re:Fuck This by JCSoRocks · · Score: 1, Insightful

      Indeed. Sadly the time of the republican party supporting small government and a "hands off" attitude has long since passed. Now it's all about supporting whatever huge corporate conglomerate they get money from.

      What happened to state's rights? It seems like people have completely forgotten about them... I have no doubt that if you asked average joe on the street about it you'd get a blank stare.

      I always thought they were a big part of making sure that the different groups of people in a country of this size got what they wanted (You don't like our laws? Try another state's). At least then those corporate guys would have to bribe 50 people instead of just a handful :P

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
  4. This may be a stupid question... by NoobixCube · · Score: 4, Insightful

    How would border guards be able to tell an illegal song on an iPod (i.e. downloaded without buying it in any form), from a song ripped from your private CD collection (which as the RIAA would have us believe, is illegal too), from a song bought from the iTunes store?

    --
    Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    1. Re:This may be a stupid question... by hacker · · Score: 3, Insightful

      A hash would be my first thought.

      They must be smoking hash was my first thought.

      Seriously, how are they going to take my ipod of 8,000+ songs, mp3s, ogg files, Linux .iso images, podcasts, etc., hash them all and compare those to the ones in their database?

      I change the ID3v2 tags, add missing ID3v1 tags, store lyrics and album art INTO the actual song file itself, and so on. All of these modifications change the hash. Now because my hash doesn't match theirs, I'm somehow guilty of copyright infringement? I don't think so.

      Time to replace the stock firmware on the ipod with one that embeds AES-256 onboard and has to be unlocked before you can play any music from it.

      Encryption is the only way to stop this madness.

      I have nothing to hide, and therefore they have no reason to look.

  5. Perverse logic to this Intellectual Property stuff by ibane · · Score: 2, Insightful

    Someone who's been blinded by the IP propaganda term might confuse "fake" handbags with ripped music. The confusion is intentional and it's designed to take rights away.


    Even given that, the demand for ISP logs and invasion of Canadian and EU citizen privacy is ballsy.

    --
    Intellectual property was the desert property of the twenth century.
  6. Constitution easy to subvert by CustomDesigned · · Score: 4, Insightful

    Article VI: ...and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Any provision of the constitution can be done away with by getting 51 Senators and the President to sign a treaty. Failing that, you can get 5 judges to interpret it away (as in the recent decision allowing states to seize private property for any economic purpose).
  7. Re:I am no political scientist by Freaky+Spook · · Score: 4, Insightful


    It is just more stupid American foreign policy.

    Just today I read that the the drug war fuelled by America's love of cocaine and marijuana is resulting in thousands of people getting killed in Mexican gang wars over smuggling routes, yet the US War on drugs policy persists, keeping the black market trade the biggest and bloodiest industry in the world.

    On the north border they want to remove the rights of people just to make a few cocaine snorting media exec's happy.

    And we have seen what US foreign policy has done to the middle east.

    Its no wonder so many people hate the US, their politicians have systematically contributed to most of the crap that is currently going on in the world all in the name of consumerism and captialism. Its not about democracy at all, its all about how cheap their gas is and what boat they can buy with their annual bonus.

  8. Re:You mean the country that the baby boomers buil by jedidiah · · Score: 4, Insightful

    > I'm guessing you're a member of "Generation-Me"

    You mean the baby boomers?

    --
    A Pirate and a Puritan look the same on a balance sheet.
  9. Re:Illegal Search and Seizure by mikesd81 · · Score: 4, Insightful

    Didn't you hear? The Constitution doesn't mean anything any more. From free speech, to firearm rights, to search and seizure. But it was nice while it lasted.

    --
    That which does not kill me only postpones the inevitable.
  10. Time for Stephen Harper to go. by Anonymous Coward · · Score: 1, Insightful


    It'd be nice if this minority government would have an election forced so we could get rid of Stephen "Little George Bush" Harper and his Conservatives. It's no coincidence that all these "Canada trying to get X law put it" stories are coming around now that they're in power.

  11. Re:You mean the country that the baby boomers buil by Anonymous Coward · · Score: 5, Insightful

    The baby boomers built the country? Please! They were sitting around protesting, free-loving, and smoking dope while their parents and grandparents actually built what we have today. No one on this planet has the same entitlement mentality as United States baby boomers. No one.

  12. Re:You mean the country that the baby boomers buil by Anonymous Coward · · Score: 2, Insightful

    You don't know me. I do like my life, I work hard, and I also vote. Forgive me for expressing dismay over the possible adoption of ridiculous policies.

    Where do you draw the line between whining and merely stating one's opinion? Seems to me like you are a whiny baby-boomer who can't handle the criticism of younger people (I'm 27). See how easy it is to flip that around? I can argue with you and make up negative things about you, rather than actually attacking your opinion with logic.

    I got it though, you have enlightened me. The baby boomers were here first so they deserve the chance to not only gobble up the world's resources and pollute the environment, and to write up some draconian laws that will persist and cause the next generations to suffer for decades after they are dead and gone. All so that a few large media corporations (run by baby boomers) can get wealthier and the CEOs can be entombed in large structures with their luxury cars and secretaries.

    I got news for you old man, you're gonna die, and your country will be ours. So long. We won't miss you.

  13. Re:Let 'em review by Txiasaeia · · Score: 2, Insightful

    You seem to think that this would be a problem for US Customs. I travel to the US by car once every two weeks or so, and it doesn't matter to them if they need to hold up a car for five seconds or five minutes; their shift ends when it ends. It's more work for each individual traveller to the States, but all in all, it's still a day's worth of work to the average customs officer.

    --
    Condemnant quod non intellegunt.
  14. Re:I hope they pass it by lena_10326 · · Score: 3, Insightful

    Cause you know the court is going to declare it unconstitutional.
    The constitution is no longer law. It's a softly spoken suggestion.

    --
    Camping on quad since 1996.
  15. Libertarian horse poop by postbigbang · · Score: 4, Insightful

    I understand IP. I understand what is theft, and what isn't. I don't abide by customs searches for somebody's IP. I bought and paid for every single piece of music I have. None were torrented, or obtained through nebulous means from a copyright respect perspective.

    And the music moguls now want to enforce the ability to check on me. With WHAT??? How can a customs agent possibly determine the MP3s that I have are, or are not purchased with validity???? THEY CANNOT!

    IP protection isn't the backbone of the US economy. It's an intangibles-fantasy to think so. That's not what my father built, his father built, my mother built, and so on. It's the asset protection mechanism of the nonsensical. It's not innovative, it's not producing return on the intangible asset, it's as flimsy as derivates. Yet I respect the concept of asset ownership, and my rights under the law as a consumer. Now some nitwit's pressured various treaty signators to look at my damn MP3 player-- where's the justice in that??????

    --
    ---- Teach Peace. It's Cheaper Than War.
  16. Re:You mean the country that the baby boomers buil by CoolGuySteve · · Score: 5, Insightful

    Maybe it's the product of growing up under the red scare, but between the anti-Vietnam movement, the war on drugs, "Family Values", the war on terrorism, and the bare minimum of environmental laws/cheap gas/tax breaks for SUVs, the boomers' voting record will probably cause them to be remembered as the most cowardly and coddled generation in history.

    "Generation-Me" indeed.

    Why yes, I do have karma to burn.

  17. What "Free Trade" Looks Like. by westbake · · Score: 5, Insightful

    Software patents are one small but important piece of the IP Empire which demands universally oppressive laws.



    The list goes on and on but it has one common theme, your rights mean nothing, shut up and get back to work for the man.

    --
    I am a name troll of Westlake. Visit my homepage to learn why.
    1. Re:What "Free Trade" Looks Like. by cayenne8 · · Score: 2, Insightful
      "We should not forget free flow of slave labor for US agriculture. It might be claimed that no US Citizen would take the kind of work mega farms import Mexican citizens to do, but why not pay those people US wages and treat them as immigrants rather than keep them locked up "

      Well, if they would come in through legal channels...they would be treated like any other legal immigrant. I don't think anyone has much a problem with legal immigration into the US.

      However, ILLEGAL immigrants have broken the law, and should be arrested, and locked up till deported. That's what the law is supposed to do....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  18. Bombs maybe, MP3s NO! by joocemann · · Score: 2, Insightful

    When will we get a notion of priority in this sick world? We've got so many issues in this world, much to do with security and protection; Please tell me why pirated music will take priority when our current ACTUAL border security is a joke? I'm imagining a scene where some guy is getting shook down for copied music while hoodlums rape a woman nearby unquestioned. Lets get a list of frikkin priorities here.

  19. Terrorism by Anonymous Coward · · Score: 1, Insightful

    The only thing that surprises me about this is that the agreement doesn't have "Anti-Terrorism" in the title.

  20. screwed. by Odder · · Score: 5, Insightful

    16 hour work days, food that's poison, obesity, insurance and medicine they can't afford. At some point it collapses on itself because there's only so much greed an economy can stand. We are entering a recession exactly as predicted by Former World Bank Vice President, Chief Economist and Nobel Prize winner Joseph Stiglitz in 2006.

    1. Re:screwed. by hackstraw · · Score: 4, Insightful

      We are entering a recession...

      Who cares?

      At least we will have all of our needs taken care of by the government.

      I mean, what do we need? Food, shelter, and companionship.

      All are offered free of charge at your local prison.

      Sarcasm (maybe not) aside, I mean, how the *uck can someone tell if my iPod has illegal or legal downloads on it? I can tell you for a fact, that I don't even know which are legal or illegal, they all look the same to me. Well, now some of the low bitrate ones, I might question, but how would anybody else?

    2. Re:screwed. by Sancho · · Score: 4, Insightful

      The mp3s ripped from my CDs don't have a purchase date.

  21. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 2, Insightful

    Rights are universal. Whether the US government is obligated to protect the rights of anyone other than a US citizen is a matter of much debate, all inconclusive. But abusing those rights of any citizen makes a mockery of liberty. At the hands of a US government employee under official orders, such a mockery makes a travesty of the basis of the US government as a government created by American people to protect those rights.

    --

    --
    make install -not war

  22. Re:Illegal Search and Seizure by iminplaya · · Score: 2, Insightful

    Never said it was. In fact, I consider the mere existence of the border to be a grave injustice to all. Freedom of movement is as paramount as all others.

    --
    What?
  23. The real answer by symbolset · · Score: 3, Insightful

    Repeal copyright. All of it. If they want to fight, give 'em a fight. Let us not piddle about minor interpretations of legalisms. Let's gut the whole thing. Patents too. Both of them were designed to promote progress and now the serve the opposite purpose. They should be done away with.

    Patents shall not issue. Copyrights shall not be granted. All patents and copyrights are void. (New amendment)

    --
    Help stamp out iliturcy.
  24. CoRaF by coppro · · Score: 5, Insightful
    It's especially bizarre, since there is no way this law could be enforced. The Supreme Court would prevent it from being enforced under the principles of the Charter of Rights and Freedoms. Any politician supporting this treaty would be an idiot, because he would back our country into an inescapable hole.

    Paragraph 1 of the Charter says that

    The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. and Paragraph 8 says that

    Everyone has the right to be secure against unreasonable search or seizure. This is definitely unreasonable search and seizure, and there's no way you can justify searching private devices without cause for copyright infringement. Also note that this paragraph says "everyone", not "every citizen of Canada".
    1. Re:CoRaF by Sigma+7 · · Score: 2, Insightful

      The problem is that Canada has this big loophole in it's charter of rights called the "non withstanding clause" That's not a loophole, it is a safeguard in the event a critical or popular law gets struck down (e.g. a specific law that allows holding a minor or other individual when it is determined that he has a pattern of dangerous crimes that make him a threat to society and himself.) Any law passed under that clause also automatically sunsets after five years. If the population wants to get rid of the law, they can easily vote for another party.

      The clause also only applies to some aspects of the Charter of Rights and Freedoms.

      Besides, if a government wanted to use a loophole, they'd just invoke the first clause which allows reasonable limitations on said rights and freedoms.

    2. Re:CoRaF by Beardo+the+Bearded · · Score: 2, Insightful

      Yes, the Supreme Court of Canada would overturn the law - when it gets there.

      It'll cost you seven figures to get there.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  25. "information based economy" my .com arse by plasmacutter · · Score: 2, Insightful

    This idea of selling bits is a dot-bomb era fallacy, much like the 99.9% of business plans during hat time which failed, and which you seemingly have bought into.

    Cory doctorow does a good job of tearing this apart in this talk

    Copyrights are imaginary, they are a concept which anyone can readily ignore, and which those with current military parity DO ignore (china, russia).

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  26. Re:This is a little ridiculous. by zwei2stein · · Score: 2, Insightful

    I think you don't get it.

    This is part of "Make everyone criminal". If not enough people are breaking rules, you invent some more rules that they have to break in order to live comfortably.

    It produces fear and guilt and thought fear conformity and obedience (you don't want to stand out and give anyone reason to go harass you because you know there is something to be harassed about). It gives base for bullying inconvenient people: they can use your filled ipod to give you minor bitch slap as well as to do monster process that will ruin you.

    Its all about giving your government more tools. The fact that it benefits big media corps is win/win side effect (RIAA is happy and major newspapers/tv channells wont cover this threaty)

    --
    -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
  27. Re:They won't, but they needn't care... by KDR_11k · · Score: 2, Insightful

    A speed trap triggers based on speed (which, if measured right, proves you guilty), just searching for MP3s triggers on the presence of MP3s (which still doesn't prove you guilty). Considering the format evidence for the legality of its source would be akin to a speed trap photographing all sports cars passing by because those are very good at speeding. The presence of an MP3 or ownership of a sports car alone is not enough to prove you guilty of copyright infringement or speeding, respectively.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  28. Re:Economic Big Stick. by gstoddart · · Score: 4, Insightful

    What amazes me is it says about searching iPod's for illegal content... And in Canada currently it's LEGAL to download music. (Despite the CRIA's objections.)

    What amazes me is how they figure they can identify illegal content.

    Seriously, how the hell can a border services agent tell that the MP3s on my iPod have all been legally ripped from CDs I have purchased? They can't. I buy probably close to about $1000 CDN in CDs each year, all of which end up ripped and played on my iPods or in mixes.

    If they simply look and say anything which isn't an AAC bought from the iTunes store then they'll be flagging a tremendous amount of people for no good reason.

    There is simply no way that from an iPod you can verify the pedigree of the songs on it.

    For so long I've been proud to live in Canada, but with that fucktard Harper at the helm they're trying more and more to make it America 2.

    Amen to that. Harper et al are really sucking up to Bush just far too much. Though, I must say I reserve some bile for the asshat American government (NOT everyday Americans, for you knee jerk mods) for shoving these &*^%&*(^ laws down everyone's throats. America's chief export nowadays seems to be laws to protect the *AA's and screw the rest of us.

    This really is appalling.

    Cheers
    --
    Lost at C:>. Found at C.
  29. Re:Economic Big Stick. by Anonymous Coward · · Score: 1, Insightful

    I suggest you take another look at the Ontario Court of Appeal decision in the file sharing case. While at trial there were favourable obiter comments regarding the legality of downloading in Canada, the Court of Appeal said no such thing. It is a very dangerous to believe that downloading is legal in Canada or to confuse downloading with the rights given under the private copying levy.

  30. The ignorance of youth by sm62704 · · Score: 2, Insightful

    The baby boomers built the country? Please! They were sitting around protesting, free-loving, and smoking dope while their parents and grandparents actually built what we have today. No one on this planet has the same entitlement mentality as United States baby boomers. No one.

    I thought that WE had little respect for our elders, but you punks take the cake (and eat it too). We didn't "sit around protesting", we marched around protesting. And what we protested was what the previous generations had fucked up.

    We were being drafted to be cannon fodder for a useless war. Some of us volunteered for that useless war out of patriotism (I did). The protests finally eneded thath war. Meanwhile you little whiners are too busy chasing filthy lucre and getting your nipples pierced and foreheads tattood to care that an oil man becaise President and started a useless war for the sole purpose of enriching himself. At least my dad's generation's rich people who starte dthe Vietnam war thought )prehaps correctly) that they were fighting communism, a laudible goal to them.

    My generation's protests stopped the war and made the President resign. Where are your protests of the Iraq war? Your stupid generation doesn't even have to be drafted!

    Some of us protested the rape of the environment. We got the Clean Air act and teh Clean Water act passed. We got CFCs banned. What are you gutless wimps doing about global warmning? Buying SUVs!

    My generation built sna is still building houses, like the one you live in. The parts of the electrical grid my dad din't build were built by those who followed him.

    My dad's generation invented computers, but my generation pur those giant building sized machines on your desktop. My generation put VCRs and CDs and DVDs on the narket. My generation made the entire cell phone infrastructure.

    My dad's generation smoked cigarettes. My generation smoked pot. Your generation smokes crack.

    Your generation uses my generation's music in their fucktardedly stupid commercials. Neither my nor my dad's generation did that.

    My generation was pretty ignorant of history, but we were pikers when it comes to your generation.

    What has your generation done, except invent internet trolling?

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  31. Re:I wonder... by SoulRider · · Score: 2, Insightful

    how will they manage file encryption.

    umm, assume you are a terrorist and throw you in jail?

  32. Mod parent up. by Abcd1234 · · Score: 2, Insightful

    This is a very interesting point, actually... under which nations laws are the legality of the copyrighted materials determined?