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.'"

Comments

Re:how do counterfeiting and copyright

[jeiler]

A copied song--as it was not produced by the authorized agent--could be considered "counterfeit." At least, that's the closest to understanding that I can get to by guessing. It sounds like someone's buggered all their sense away.

They won't, but they needn't care...

[Animaether]

Think of it like speed traps. You, presumably, sped. The speed trap captures this, takes that moment-in-time shot, and you get the bill in the mail. You are, at this point, guilty until proven innocent. Yes, you are guilty, you were speeding; (important) technicalities such as calibration times of the speed trap, etc. aside... you were speeding.

Now it's up to you to 1. challenge this and 2. provide evidence that either you were NOT speeding, or that you were speeding for a damned good reason which exempts you from getting a ticket.

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So to get back on-topic...
"How would border guards be able to tell an illegal song on an iPod"
If it's in the AAC format with Apple's Fairplay DRM - which they license to nobody and all that.. then it's probably legit.
If it's an MP3, it'll get added to the list of 'probably-illegal' bits of music.

"from a song ripped from your private CD collection"
1. Challenge it, 2. provide evidence that you, in fact, are in posession of that CD.

"(which as the RIAA would have us believe, is illegal too)"
If that is indeed the law - which, last time I checked, it's not - yhen you're screwed even in the above case regardless.

"from a song bought from the iTunes store?"
Presuming you purchased an unprotected MP3 - that purchase should be listed in your iTunes Account. 1. Challenge it, 2. provide the evidence - name Apple if you want.

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Now, personally, I don't think this will actually be checked all -that- actively. Lines at airports and the like are queued enough as it is and they're strapped for money just to check for things like, you know, actual terrorists, drug smugglers, etc. That's not to say I'm complacent - I already sent in my letter of protest several weeks back, but we're not exactly part of the G8 countries so that's probably going to do fook all good - but I don't think that the first kid with a few MP3s on his system is going to be shipped to Gitmo either.

Now, with that out of the way, the clauses regarding the restrictions of privacy tools use online (and, possibly, offline; that TrueCrypted drive you've got and such) I find far, far more unsettling (and was the majority of the body of my protest letter; personally I can't really justify saying "I'm only downloading a movie! What's the harm!?", but I did point out the ridiculousness of involving law enforcement officials in this, never mind the penance, and my disagreement with those clauses on those grounds).
I'm still waiting for them to hook this into a "That way we'll get the terrorists, too!"-type defense argument.

But maybe they're not, and they're expecting people, to just fume at the worst bits, then blank those out and just leave it with the anti-piracy bits which might be grudgingly accepted.

Re:Fuck This

[Iamthecheese]

The baby boomers couldn't wait for their parent's generation to move on and allow them to legalize pot. Logical thinking about copyright won't happen either.

America is moving towards an information economy. Those in power are aware of the transformation and are trying to protect future American interests.

When the manufacturing is all being done in the cheapest places (globalization) America will only have her service economy, IP (If America owns Hollywood, she can buy and sell the world's spare time), and such control over business dealings in foreign lands as her businesses can muster and enforce.

Can you get rich by doing your neighbor's laundry if he is doing your in return? The GDP generated by Americans doing services for Americans is only wealth in terms of employment.

If IP is not protected, the only remaining wealth in America will be foreign businesses. Foreign businesses can be nationalized as soon as America's military isn't a major threat.* So suppose these events happened:

1: Rampant piracy makes ownership of IP moot
2: Japanese, Saudi, or Chinese businesses dump their bonds.

That's it! Those two things would bring America crashing to her knees, and destroy the cultural, economic, and military might of the greatest nation on earth. There really is a 3: profit for many powerful people. This is what America's leaders are doing about the situation:

Hiding the extent of the danger
Misguidedly passing draconian IP protection laws
Maintaining a large, secret technological lead (black tech: its real. No, I don't believe in UFOs)

That's what they're doing. I pass no judgment here, I'm just saying, that is the cause of these actions.


*Did you know that 50% of American businesses overseas (overseas divisions)are owned by the Chinese and theoretically controlled by the Chinese government? Did you know that the Saudis can take controll of foreign firms with the flick of a pen?