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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.'"

16 of 390 comments (clear)

  1. 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
  2. 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).
  3. 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.

  4. 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.
  5. 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.
  6. 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.

  7. 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??????

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    ---- Teach Peace. It's Cheaper Than War.
  8. 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.

  9. 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.
  10. 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.

  11. 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.

  12. 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".
  13. 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.

  14. 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.