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."

Comments

This is a MUCH bigger threat than terrorism.

[Anonymous Coward]

This is a much bigger threat to freedom and democracy than terrorism ever could be.

Re:This is a MUCH bigger threat than terrorism.

[causality]

This is a much bigger threat to freedom and democracy than terrorism ever could be.

I wish I could attribute the saying, but here is how I've heard it said: If your law requires a police state to enforce, then your law is a bad law.

The very fact that these meetings were held in secret was a dead giveaway that nothing in our interests is going on in there.

Re:This is a MUCH bigger threat than terrorism.

[FiloEleven]

I am an adult. I can be responsible for my own interests. I recognize that what I want is not always what is best for me, and I act on that recognition through self-control. When I fail, I accept the responsibility.

Any group of men who thinks they know my interests better than I do can speak with me and try to convince me that this is so, but it is I who makes the final decision. Provisions decided in secret without public knowledge or consent will result in nothing but more lawlessness. Anyone who approves this agreement clearly shows that he does not represent me.

Re:This is a MUCH bigger threat than terrorism.

[hairyfeet]

Thank you. And for those that labeled me a troll? Come out to middle America and see for yourself. our towns are nothing but corpses. Walled up store fronts, half the houses are abandoned, folks living out of their cars, whole towns just walked away from. Just in the two mile daily walk around my town I passed boarded up building after boarded up building, tons of for rent and for sale signs that have sat so long they have faded, the only reason my home town isn't completely dead is because it has a college. Those towns nearby that don't have a college? look like something out of an "after the apocalypse" movie.

It is actually pretty simple folks. You can't pay for two wars and bailouts of thieving bankers without taxes, and kind of hard to tax the unemployed. If the fed were to release REAL numbers, instead of their bullshit numbers where they drop all those whose benefits ran out, or who gave up because there simply isn't any work to be had, we would probably be looking at close to 30% unemployment and rising. They can talk about their "positive" indicators all they want, the jobs aren't coming back, they've been offshored to places were they can poison the workers into an early grave and dump toxins out the back door.

From driving through middle America and seeing the vast wastelands I personally think we are gonna have a depression that makes the 30s look like a joke. And I don't think it will go nearly as meekly, do you? We are a hell of a lot more mean than they were back then, and a hell of a lot better armed. We'll see how nasty things will get when it takes a basket of money to buy bread, with the way they are printing money at the fed probably won't be too long. China will only put up with buying our worthless dollars for so long before they just switch to the Euro and say fuck us. When that happens it is gonna get nasty folks, you mark my words.

Tyranny vs Liberty

[Afforess]

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?

Re:Tyranny vs Liberty

[91degrees]

The much wiser man was a complete moron then.

When government fears the people there is a ineffectual weak populist government that fears making difficult decisions because people collectively are pretty damn stupid. Alas that isn't catchy and doesn't use a clever mechanic of opposites, but alas, reality can't always be handled in a pithy statement.

Government should respect the people, earn their trust, and work as their loyal servants. Neither side should fear the other.

Re:Tyranny vs Liberty

[the_humeister]

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?

Depends where you are. In Somalia, it would seem that the government (and everyone else) does indeed fear the people.

Why isn't China a Partner?

[BlueBoxSW.com]

Seriously. You want all the world to abide by an anti-piracy measure and don't include the biggest pirate on the planet?

Re:Why isn't China a Partner?

[oldhack]

It's a sad, sad world where we have to rely on China and Russia to "protect" our freedom.

been accused counts as a strike = easy DOS

[Joe The Dragon]

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.

Treason, and terrorism

[syousef]

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?

Disproportionate punishment

[mudshark]

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.

Not sure it's even good for them.

[einhverfr]

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

Re:Not sure it's even good for them.

[fucket]

Did you include a check?

The Furture

[BountyX]

*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.