ACTA Internet Chapter Leaked — Bad For Everyone
roju writes "Cory Doctorow is reporting on a leaked copy of the 'internet enforcement' portion of the Anti-Counterfeiting Trade Agreement. He describes it as reading like a 'DMCA-plus' with provisions for third-party liability, digital locks, and 'a duty to technology firms to shut down infringement where they have "actual knowledge" that such is taking place.' For example, this could mean legal responsibility shifting to Apple for customers copying mp3s onto their iPods." Adds an anonymous reader, "Michael Geist points out that the leaks demonstrate that ACTA would create a Global DMCA and move toward a three-strikes-and-you're-out system. While the US has claimed that ACTA won't establish a mandatory three strikes system, it specifically uses three-strikes as its model."
This is a much bigger threat to freedom and democracy than terrorism ever could be.
A Man much wiser than me once said "When the people fear their government, there is tyranny; when the government fears the people, there is liberty. "
Which is true today?
If our elected representatives no longer represent us, do we still live in a Democracy?
Sounds more like "DMCA-minus" than "DMCA-plus", with mines being planted in the DMCA safe harbor.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
Seriously. You want all the world to abide by an anti-piracy measure and don't include the biggest pirate on the planet?
been accused counts as a strike = easy DOS
Do like what you market competition is doing just a accused them and watch how they can't do any work any more then they get shut off.
some get's layed off then to get back they just accused them.
You make your own art / music and you trun down a deal and they just trun around and accused you
You give a bad review of a moive / game / any other thing and they just accused you and shut down your web site.
You say that x is doing a bad job and he shuts you down.
This like a red light cameras with no court that goes off on yellow and goes off right before you hit the stop line.
I think I have posted 1 time since I opened am account here. This issue caused me to find my login /password.
This thing scares the shit out of me. Something that is seemingly "all encompassing" treaty for internet use should be out in the public for ridicule.
What would be the due process for contacting whomever in government has the power to stop this thing? Or do we have no option? I am generally apathetic about internet policy because I have FIOS, but this treaty has changed my outlook.
It was incredibly good for the economy, if by "economy" you mean "campaign funds."
It is a miracle that curiosity survives formal education. - Einstein
Can't think of anything that fits with the definition of treason better than a system that passes laws that the citizens aren't permitted to know. That immediately removes the incentive for being law abiding since you can't know if you're breaking the law. Anyone enacting or enforcing such laws should be covered by treason laws.
Can't think of anything more terrifying than threatening to take away a person's ability to communicate, possibly their livelihood without having to PROOVE a crime in court. Enacting such laws is the very definition of terrorism. Where's the anti-terrorism legislation now?
These posts express my own personal views, not those of my employer
The fact is that each of us probably commits three felonies a day as it is, or so says Harvey Silverglate of the EFF, ACLU, and FIRE (see his book "Three Felonies a Day.") Heck, it's probably a felony (under wire fraud statutes) to surf Slashdot while you are at work. And given that it's a felony there, it's probably also a felony under the CFAA. So if you surf Slashdot at work, you are already two thirds of the way there.....
The fact is it doesn't matter if you have done anything wrong. The current state is that the government can prosecute just about anybody on vague laws and make it extremely difficult to fight (try hiring a lawyer will all your assets frozen).
I am of the opinion that the Constitution is in shambles anyway. I oppose this treaty but I am too cynical to think that will make a difference. Prosecutors can ALREADY go after anybody they want to.
LedgerSMB: Open source Accounting/ERP
No, you're not, but you are still in a minority.
Face it, 90% of the population of any given country involved in ACTA don't care in the slightest about copyright and patents and net neutrality and the like; at least, they don't realise they do, even if they do. They're quite happy to carry on with their lives and put up with or work around any shit that new legislation throws at them without changing their day-to-day routine.
People have been using the postal service to commit fraud for decades, but even repeat offenders are not banned from sending or receiving mail. And when was the last time you heard of someone getting kicked off the telephone network? Just because the medium has evolved, the right of people to have access to common means of communication does not change.
In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
For me the proper solution to the piracy concerns from the US is to stop the import of all movies, music, tv shows and any thing else they are so worried about people stealing at the border. If other countries did it as well then production would move from the US to other locations. Problem solved they wouldn't have to worry about people stealing their content any more. I swear, I try not to hate Americans, but when they start demanding that we abandon our laws and customs and adopt theirs I just loose it. How long till the next secret treaty is about making every one, every where abandon their gun control laws because that is how it is in the US?
This implies no privacy, as whoever that provides us connectivity with others (ISPs, cell/line phone companies, postal service, web services like email/chat/voice/webcams/etc) as could held liable for what their customers do, that must follow all we do using their services. And privacy is an human right recognized in the UN Declaration of Human Rights, plus probably most governments constitutions. Will that be enough to stop them or we will not have human rights?
It makes the worse totalitarian governments in the world in history look like the land of the free.
Here is the letter I sent via regulations.gov:
BTW, here was my comment submitted to the USTR regarding the treaty.
RE: 2010 Special 301 Review
Docket Number USTR-2010-0003
Jennifer Choe Groves
Senior Director for Intellectual Property and
Innovation and Chair of the Special 301 Committee
Office of the United States Trade Representative
600 17th Street NW
Washington, DC 20508
Filed electronically via Regulations.gov
Dear Ms. Groves:
I am a software engineer and developer here in the US. I own copyrights to a number of software programs and published papers, some jointly with corporations or other natural persons. I have also authored two ebooks which are distributed online and one printed book which is available through major retailers. Software I produce is distributed world-wide.
I am deeply concerned about the rush towards greater liability for neutral service providers where copyright infringement is alleged. Holders of copyrights (including myself) should not be able to make end-runs around our traditional system of legal protections by threatening third parties into shutting off services which may be vital for conducting lawful business. This is especially dangerous where very fact-centric elements of copyright and trademark infringement accusations may need to be adjudicated by courts. These cases can occur where questions of fair use or derivation occur.
Thus I am concerned that the rush towards greater protection and greater third party liability will become a sword of Damocles hanging not only over the head of the average citizen but most especially over the head of the copyright holder. After all, if a set of mere accusations is enough to insist that material be taken down or internet access denied, then those who produce copyright-worthy materials will be the most exposed.
Instead, balance is needed, and consumer protections must be a major part of the equation. These consumer protections don't just protect consumers against rights-holders. They protect rights holders against unfair competition, and they protect innovators against entrenched market interests.
Instead of dictating how foreign countries should make laws ensuring elements well outside the traditional boundaries of copyright law (circumvention device control, etc), we should instead be interested in looking at ways to make claims more easily adjudicated when they come up. The emphasis on third-party liability is a major step backwards.
Please reconsider.
Sincerely,
Chris Travers
LedgerSMB: Open source Accounting/ERP
It's a matter of national security. As the American manufacturing sector withers away and we become a service economy, our creative content* will remain our largest export, and we have to protect our country's cash cows. I'm not joking.
* Of course, I don't agree with bullshit like ACTA and the DMCA. The content providers haven't produced anything worth a shit in decades so the best solution to this is not to buy their shit and instead donate that money to the EFF and The Pirate bay.
Keeping it secret is a matter of national security when the nation is controlled by private interests.
*some time in the near furture*
Due to ACTA, everyone now listens to CC music, watches youtube, and uses only GPL software. Copyright is considered a very large liability by companies and people. All of Microsoft's servers have been shut down due to ACTA accusations made by GPL developers. Microsoft uses thepiratebay (which is still online) to distribute copies of the new Windows 10. These copies are infected with a malicious software that downloads bootleg Disney movies and reports the end-user to Disney for affliate revenue. The malicious software developer also sues the end-user directly for copyright infridgment. Meanwhile, the RIAA and MPAA are the single source of all remaining pirated musics and movies since they need pirates to survive. They eventually all go to jail for downloading illegal copies of "The Little Mermaid". NewYorkCountryLawyer is now in the Supreme Court trying to overturn ACTA; however, the Supreme Court judges have been replaced by drones provided by the airfoce. NewYorkCountryLawyer uses a legal loop-hole in the constition that allows a EULA to trump every US law ever made. Guns are no longer needed, becuase you can just throw a EULA into someones face demanding they kill themselves. The world finally achieves universal peace.
Trying to install linux on my microwave, but keep getting a kernel panic...
seriously, let them pass every goddamn unenforceable law they want
ten million technologically sophisticated, media hungry and POOR teenagers have them beat, sight unseen. they simply cannot enforce ACTA. seriously. its castles in the sky
i understand completely the concept of a legal framework to encourage the creation of cultural works via economic incentives
except what they are talking about goes WAY WAY beyond that concept and extends into the realm of corporate ownership of culture for no purpose that serves the general public in any way whatsoever
seriously, when
1. grandchildren of some guy who wrote a song are legally entitled to a cash flow, and
2. when pseudolegal structures are empowered to intrusively monitor the supposed free exchange of ideas central to a healthy society,
then the very idea of intellectual property law is philosophically and morally broken, and must simply be ignored and/ or outright actively destroyed by anyone with a moral compass and a passion for the concepts underlying western liberal democracy
ip law is a parasitical device distribution companies have bought and paid for via legislative interference to somehow validate their existence. distribution companies that have simply been replaced by the internet. they can buy all the fucking laws and all the prostitute legislators and all the legions of corporate legal goons. who fucking cares. unless they actually break the internet to the extent of china and iran, which even their legislative whores would feel uncomfortable about, their entire legal fantasy is an unenforceable joke for some highly motivated teenagers to route around, package as a point and click interface, and give away for free
technological progress is a bitch. no law can trump it unless you want to stop the very notion of progress itself. so for all of the power of media companies, i simply don't see them powerful enough to crush the foundational concepts of western liberal democracy simply in order to retain their antiquated reason for existence
death throes of a dinosaur. people should fucking know when they are defeated already. and the entirety of the media industry has most certainly been defeated
if they won't go peacefully, we'll just kill them. p2p is only the beginning. there are a million more technologically sophisticated methods. dark nets. steganography. obfuscation. protocol impersonation. and best of all: play countries against each other. set up shop in one, jump to the other. always a step ahead of the assholes. who are we? any goddamn poor terenager. there's no structure needed. a simple desire for one's own culture is the only imperative needed to defeat these assholes. let them sniff all they want. it's a pandora's box. a hydra: cut off its head, we grow ten more. they're doomed. let's make sure they fucking know it
bring it on media corporate assholes. bring all your legal goons and all your bought and paid for legislative puppets and all your paid for tech hacks and all your pseudo corporate governmental entities. we have you beat, and we welcome the fight in the name of the greatest principles of the free exchange of ideas and a free society and simple moral integrity. you're fucked, and your defeat is for the common good
you can't own our culture. we won't let you. we are simply motivated for the love of music, literature, and cinema. you don't own it. we the people do. fuck off and die. we will burn your toll booths to the ground
bring it on. bring your worst. we have you beaten, hard
i spit on you corporate assholes. i relish your comeuppance
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
If you can be terrorized and that is their intent then they are terrorists. You do not have to be killed for it to be terrorism.
A team of industry lawyers taking you for everything you have, your time, possibly your freedom and now even more criminal law. They want to make examples and terrorize their customers. "Hired guns" now wear suits but the phrase lives on for a reason.
Democracy Now! - uncensored, anti-establishment news
Lofty goals. This isn't enforceable, legally or practically. Three strikes and you get kicked off the internet? How? Will I have a chip in my arm that keeps my router from working? Even if they were somehow able to blacklist me from every ISP how would they stop me from using freely available Wifi? How will they shut down Freenet? How will they stop me from burning CDs and just handing it to my friend?
This isn't going to change anything.
(In my best Morpheus impression when speaking to Neo during training). What makes you think these laws have anything to do with enforcement? You think they care about what numbers they change on this Internet?
Remember NO law is ever suggested without it ultimately meaning money and/or power to someone.
until so called 'intellectual property' is exposed for the oxymoron that it is.
"When in doubt, use brute force." Ken Thompson
From the article:
Someone has uploaded a PDF to a Google Group that is claimed to be the proposal for Internet copyright enforcement that the USA has put forward for ACTA, the secret copyright treaty whose seventh round of negotiations just concluded in Guadalajara, Mexico.
I wonder who that someone is who leaked it. It could be part of a strategy to scare the crap out of people so that when they come out with something no more than an international DMCA people will breath a sigh of relief instead of getting all up in arms. What they've leaked is so bad as to almost seem not credible.
From the computerworld.co.nz article:
The chapter on the internet from the draft treaty was shown to the IDG News Service by a source close to people directly involved in the talks, who asked to remain anonymous. Although it was drawn up last October, it is the most recent negotiating text available, according to the source.
So is this a real leak, or something they want disseminated? /paranoia
Loose lips lose spit.
I'm actually kind of concerned that there's a shadowy group of corporate advocates purporting to be agents of US policy negotiating international treaties which must remain a secret from the citizens of the respective countries, and the practice is getting serious play in the halls of large governments. I'm not the tinfoil hat type usually, but there's something about this that makes me slightly uneasy.
Help stamp out iliturcy.