Making Sense of ACTA
Hodejo1 writes "This past week Guadalajara, Mexico hosted the 7th secret meeting of ACTA proponents who continue to ignore demands worldwide to open the debate to the public. Piecing together official and leaked documents from various global sources, Michael Geist has coalesced it all into a five part ACTA Guide that offers structured insight into what these talks might foist upon the populace at large. 'Questions about ACTA typically follow a familiar pattern — what is it (Part One of the ACTA Guide listing the timeline of talks), do you have evidence (Part Two), why is this secret (Part Three), followed by what would ACTA do to my country's laws (Part Four)? Countering the momentum behind ACTA will require many to speak out" (Part Five).'"
That is all.
how it would be constitutional to enact laws that were developed behind closed doors by private interests?
There's no -1 for "I don't get it."
Let's be level headed here for a moment. Let's assume for a moment ACTA was a "fair" agreement. Designed to give all affected parties a fair share of the cake. Even then, it would be met with incredible resistance once it hits the fan. Why? Because it's kept secret. You design a contract that will affect me but I don't get to read it until after it is signed. How in the world could I not resist it with all the force I could possibly have?
Also, they will soon notice that all the secrecy around it only makes it more interesting. If ACTA was published and discussed in plain view, it would soon be drowned in the noise of everyday politics. A few activists would care and as usual, nobody would listen to them. Do you think it would be on /.'s frontpage every other day if it was public? This way, it's kept in our minds, fresh and looming, a secret deal that will affect us but we don't get to see it. Can you imagine anything more interesting?
Of course (please put on your tinfoil hats now), it could all be a gigantic plot to keep our interest on it so we overlook something else. But generally, if ACTA is supposed to become reality some day, the whole secrecy around it will ensure that every government will have to fight an uphill battle to get it ratified and codified and every single step will be monitored closely and reported widely, simply because ACTA got that much limelight. Due to its secrecy.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Batman is a comic, you know that I hope? Because in reality, someone like Batman would be hunted by the executive worse than any criminal you could imagine. No country on this planet lets a private citizen crack the force monopoly.
Well, not without a reasonable kickback.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
USTR head Ron Kirk has reportedly said that countries would walk away from the treaty if the text were made available
I don't get this. If our elected leaders walk off on the job, we already have a mechanism in place to fix this: a general election. Maybe the next batch is willing to contend with the issue under democratic conditions, such as open consultation.
Oh, you mean only the tinpots will walk away from the table, which will hurt us more than it hurts them. Why didn't you make yourself clear in the first place? Democracy is good, except when negotiating with tinpots, which necessarily takes place on their terms, in the best interest of all concerned.
Nice tail-wags-the-dog justification for subverting democratic transparency.
Or is there something I missed here? Did I skip an essential chapter in Democracy for Dummies? I feel so stupid. Our politicians are willing to shine their eminent sensibilities on this problem and all they want is a little secrecy to work their magic for the good of humanity? There's just no respect in this world, is there?
Not mentioned in the summary or the first two linked articles is what ACTA actually is. It stands for the Anti-Counterfeiting Trade Agreement. http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement
That seems pretty reasonable. So why don't they negotiate the terms out in the open?
I suspect that there's more to it than just this. Someone is trying to slip some funny language into the agreement. Often, when negotiating contract terms, one can deduce where such language is being injected into the document by observing how dearly one party has become attached to some particular wording or content. And in finding these particular terms, one can guess at what sort of hidden agendas the various parties might have.
Have gnu, will travel.
<tinfoilhat>
From the article: efforts at the international level to fight counterfeiting and piracy
I have to wonder at the increase and sudden newsworthiness of Somalian piracy during the private talks around ACTA. When it comes time to present it to the public, talk of counterfeiting and piracy will elicit images of counterfeit currency and Somalian pirates and the average Joe that hasn't read much about the document will assume that those opposing it are a bunch of crazies. Finally, the years of equating unauthorized IP distribution with piracy will come to fruition for our dark masters.
</tinfoilhat>
In all seriousness, though, whether planned by some diabolical secret cabal or not, I can see this confusion being purposefully used to sway the view of the common citizen.
Oh, was that my outside voice?
ignore it
technology has gotten to the point that piracy is simply the best distribution model around, for creators and consumers (oh, you thought the law was supposed to protect creators? it protects distributors: look at the contracts distributors sign with creators and tell me who really benefits). consumers get bounty, creators get ancillary revenue streams and distributors die. end of story
let them pass any law they want. no really: what is the value of an unenforceable law? people are getting upset about acta, but i really have to ask everyone: acta may sound diabolical and severe, but its toothless: there's no enforcement of it possible. sure, they may get the occasional grandmother with an unsecured router or a soccer mom who's kids friends take advantage of her hospitality, but that's going to stop technological progress?
let them fund stables of tens of thousands of lawyers and put behind them far reaching draconian laws. whoop de friggin doo. tens of millions of media hungry, technologically savvy and POOR teenagers has them all beat, and then some. the contest is a joke, the laws mean nothing, the game is over: technological progress wins, distributors die
we are simply living in a transition period in which we must suffer the bluster of morons from another media era who simply don't get the fundamental changes taking place around them
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
"How can you stop outsourcing without severely damaging the competitiveness of american companies?"
I'm beginning to think that this is a lie.
We're told over and over again that American companies have to outsource production to other countries in order for them to remain "competitive".
Okay, fine. But tell me this: How do Honda and Toyota and Kia and Hyundai BUILD PLANTS HERE IN THE US???
Are they not competitive? If FOREIGN companies can build plants here and produce products here for sale here AND hire American labor to do so... AND still make a profit...
THEN WHAT THE FUCK IS OUR PROBLEM??????
Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.