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Full ACTA Leak Online

An anonymous reader writes "Following months of small Anti-Counterfeiting Trade Agreement leaks, the full consolidated ACTA text has now been posted online. The consolidated text provides a clear indication of how the negotiations have altered earlier proposals (see this post for links to the early leaks) as well as the first look at several other ACTA elements. For example, last spring it was revealed that several countries had proposed including a de minimus provision to counter fears that the border measures chapter would lead to iPod searching border guards. The leak shows there are four proposals on the table."

36 of 201 comments (clear)

  1. Short summary of the treaty by dkleinsc · · Score: 4, Funny

    All your files are belong to us.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:Short summary of the treaty by mcgrew · · Score: 3, Informative

      If we, as Americans, had a lick of sense, we would stop buying things made in China, Pakistan, India, etc. Everything made in China, and half of everything made in the rest of the third world is junk. Hell, half of what comes from China is actually deadly. But, we keep buying. DUHHH!!!

      That would be sensible if we weren't in the worst recession since the great depression. Nobody has as much money as they used to; most of us are just getting by, people are losing their jobs, etc. The choice is third world junk or nothing.

    2. Re:Short summary of the treaty by oldspewey · · Score: 4, Insightful

      The choice is third world junk or nothing.

      I've found that in some cases, the "nothing" is actually the better alternative here. Rather than buying a cheap piece of crap that I can barely afford right now, I make a conscious decision to hold off and simply do without for a few months or maybe even forever. It's not always easy, but it brings a remarkable sense of peace when you figure out a way to be okay with less.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    3. Re:Short summary of the treaty by mcgrew · · Score: 3, Insightful

      So the solution to the recession is to send what money you do have to another country?

      The middle class can't solve the recession, only the rich 5% who control 95% of the wealth can do that. The Waltons choose where your goods come from, as do those who own Best Buy, Target, etc.

      I'm too old to tilt at windmills. I leave that to the younger folks; I've tilted at anough windmillls in my life to know that resistance is futile.

    4. Re:Short summary of the treaty by Opportunist · · Score: 5, Insightful

      Actually, the US will be the ones that lose the most when ACTA gets enacted.

      Let's look at how copyright is enforced (or not). You will notice that in countries like the USA, the EU countries, Australia, Japan, in short, every country that doesn't really have any real problems, you have pretty good copyright and IP enforcement (good from the IP holders perspective). You don't really have a lot of power to get your IP enforced in countries that either have real problems (like, say, most countries ending in -stan) or countries that actually benefit from pretty much ignoring IP laws altogether (like, say, China).

      Do you think that will change when ACTA gets ratified?

      The US will have to enforce the IP of those countries. And they will, because these countries can and of course will prod them to. Can you imagine getting a DMCA takedown notice from China because they claim the rights to all film shot by a chinese citizen, and that dissident happens to be one? Think that's impossible?

      In return you get zip, nada, rien from China. Yes, they'll sign it and yes, they'll even pay lip service to it. Copying is still sky high? Boo hoo. We are really sorry. We will even stage a token sting. And even punish the guy(s) we catch to the utmost extent. Want him hanged? No problem, think we care or what? Satisfied? Ok, now buzz off.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Short summary of the treaty by shentino · · Score: 3, Insightful

      That doesn't change the fact that *classifying* the sucker on grounds of national security is a bunch of bullshit.

  2. http://en.swpat.org/wiki/201001_acta.pdf_as_text by ciaran_o_riordan · · Score: 5, Informative

    http://en.swpat.org/wiki/201001_acta.pdf_as_text

    I'm typing up the whole thing, for easier reading, searching, copying

  3. Capable? by symes · · Score: 5, Insightful

    It is the idea that all border guards will be able to easily discriminate the legality of content even if they were allowed access. Seriously, would I have to carry receipts, license docs, original packaging and so forth?

    1. Re:Capable? by HungryHobo · · Score: 3, Insightful

      no no.

      all your content should of course be DRM'd.
      No need for receipts then.

      (who wants to bet someone actually proposed this at some point)

    2. Re:Capable? by geegel · · Score: 3, Informative

      No you wouldn't. Usually I'd say RTFA, but given the size of the thing, it would be a bit inappropriate.

      Please look over Section 2 (all the options have a similar provision)

      Where a traveler's personal baggage contains trademark goods or copyright materials of a non-commercial nature within the limits of the duty-free allowance {Aus: or where the copyright materials or trademark goods are sent in small consignments} and there are no material indications to suggest the goods are part of commercial traffic, Parties may consider such goods to be outside the scope of this Agreement.]

      --
      right...
    3. Re:Capable? by Bob9113 · · Score: 3, Interesting

      It is the idea that all border guards will be able to easily discriminate the legality of content

      "Article 2.7: Ex-Officio Action" [presenting just the US version here]

      "1. Each party shall provide that its customs authorities may act upon their own initiative, to suspend the release of ... suspected pirated copyright goods..."

      The content need not be illegal (nor easily discriminated as such), the guard merely needs to posit suspicion.

  4. Origin of the file (kinda) by kemenaran · · Score: 5, Informative

    By the way, the file was released by the french association "La quadrature du Net", which is quite active as a defender of Net freedom and neutrality in France (they fought against HADOPI and the LOOPSI-pedo-filtering-and-blocking laws).

    I don't know if they got the file themselves or if they just released it.

    1. Re:Origin of the file (kinda) by FriendlyLurker · · Score: 4, Informative
      Link: http://www.laquadrature.net/ They also have a great political memory section plus current news:

      Brussels, March 22nd, 2010 - With the current debates surrounding the Gallo Report on "Intellectual Property Rights" (IPR) enforcement1 and rumours about an imminent revival of the IPR criminal enforcement directive (IPRED2), a holy war is taking place in the European Parliament. Members of the Parliament are being flooded with false figures and statistics from the entertainment industries' intensive lobbying. They are also being heavily pressured by the French authorities.

  5. Re:http://en.swpat.org/wiki/201001_acta.pdf_as_tex by Paul+server+guy · · Score: 4, Insightful

    http://en.swpat.org/wiki/201001_acta.pdf_as_text

    I'm typing up the whole thing, for easier reading, searching, copying

    Cool, Thank you. - And yes, please keep all of the original errors and typos, Law droids have all sorts of fun with those. "For lack of a comma the land was lost" and all of that..

    --
    Your Moon, Your Mission, Get involved! http://www.openluna.org
  6. One Small Leap by sonicmerlin · · Score: 4, Insightful

    I'm just happy *someone*, *somewhere* had enough moral integrity to defy their corporate-led masters.

  7. Re:Canada by Ironhandx · · Score: 5, Insightful

    Modded off topic, too bad theres not a -1 Wrong moderation.

    Back on topic: There are SOME decent provisions in the ACTA, however on the whole the entire thing needs to be torn up and burned. Start over with something reasonable and above board rather than having all this secrecy surrounding it. Even with leaks we can't trust our governments to continue in this despicable fashion.

  8. Re:Full Consolidated? by Cimexus · · Score: 5, Informative

    As I understand it, it can be both.

    Full = the entirety of it (i.e. not missing any sections)

    Consolidated = in one piece, with up to date edits and amendments included.

    The latter is typically used with legislation that undergoes amendment. You have the amendment itself, which says thing like "in section 3, omit the words blah and replace with blah" or "section 82(b) is hereby repealed". The amendment is what gets passed, and either a ~consolidated~ version of the full legislation is made (with the changes from the amendment effected), or it's not, and you have to read the original text + the amendment ~together~ to get the full meaning.

    So in this case we have the consolidated version (no reference to external modifying documents needed), which is also the full text.

  9. Re:http://en.swpat.org/wiki/201001_acta.pdf_as_tex by Anonymous Coward · · Score: 3, Interesting

    The only reason to ever draft laws in anything but plain-text is obfuscation. I'm sick of trying to read the actual text of legislation and only finding PDFs of scanned images of typewritten papers. Seriously, who the fuck still uses a typewriter? All legislation should be written in .txt files, and placed in a web-accessible revision control system. That way, it becomes trivial to discover who is responsible for each and every line of treachery.

  10. Mirrors, in case it's slashdotted by mariushm · · Score: 4, Informative
  11. Am I reading this right? by Rivalz · · Score: 3, Interesting

    On page 6, article 2.3 paragraph 2: Where it says materials and implements does that mean if i use a infringing line of code or part to make a product like a Ferrari, then the whole item can possibly be forfeited?

  12. Will Someone Please!!!? by Pitawg · · Score: 3, Insightful

    Someone with some music talent should put out a song with the text of the agreement used as lyrics, and charge the negotiators with international copyright infringement and distribution! NOW!

  13. Re:iPod searching border guards? by PopeRatzo · · Score: 3, Interesting

    Border guards are doing well to find their dick with both hands

    Man, I've traveled in parts of Eastern Europe and the Balkans where the border guards are fucking animals.

    The last time I traveled from Sutomore to Sarejevo by car it was less bad, but they still seem to be actively recruiting sociopaths.

    --
    You are welcome on my lawn.
  14. Re:http://en.swpat.org/wiki/201001_acta.pdf_as_tex by 0100010001010011 · · Score: 5, Informative

    Searchable text mirror: http://www.exstatic.org.nyud.net:8080/201001_acta.pdf_as_text.html

    Rehosted on my website and then put into the nyud system, should be able to handle it.
    I just hate hotfile and rapidshare type sites. No I don't want to wait 30 seconds or become a premium member.

  15. PETITION EU PARLIAMENT - NOW ! by unity100 · · Score: 5, Informative

    https://www.secure.europarl.europa.eu/parliament/public/petition/secured/submit.do?language=EN

    if you are living in an Eu member country, Eu member candidate country, or a resident of an Eu member country, or working for a company that has its quarters in an Eu member country, you have the right to petition European Parliament.

    This is not your ordinary online petition page - this is an official petition page, petitions of which are each processed by real bureaucrats and acted upon, if you give your credentials correctly. (Name surname and so on). Its serious shit.

    As of this moment, the affiliates of american media cartels are flooding Eu parliament members with the falsified and baseless statistics they have been using to fool the senators in united states. Eu parliament members are generally much more informed than u.s. senators, however it is much better not to leave anything to chance.

    So, if you fulfill any of the above conditions, you should fill a petition urging European Parliament to side with the people rather than the corporate interests, and you should inform them about the falsified statistics that media cartels are using. If you have any links to the various realistic statistics that were made by independent organizations, you can also forward the information to them. (like the p2p research done in netherlands a while ago).

    Eu parliament already basically blocked some draconian items in the acta treaty. they did it with great majority. so they DO listen and heed people. If Eu parliament shoots acta down totally, then there is no way in hell that it can come into being, because since china and russia would never accept and enforce it, (and noone can force them to do so), if you add europe to that it basically makes approx 4/7th of world population.

    Go for it. time is now.

    1. Re:PETITION EU PARLIAMENT - NOW ! by Spyware23 · · Score: 4, Informative

      This works, people. I've used the EU parliament's petition page before (regarding pricing issues with Valve) and I got a three-page semi-personal response. Like OP says, take the time to fill out a petition!

  16. This is why you need version control on laws by jonaskoelker · · Score: 3, Funny

    You have the amendment itself, which says thing like "in section 3, omit the words blah and replace with blah" or "section 82(b) is hereby repealed".

    If you squint hard enough and replace the arbitrary words with intuitively selected symbols (plus, minus, at, comma), it looks almost like...

    A diff.

    So... a consolidated version is one with... all patches applied? Like git checkout HEAD?

    And they have this cumbersome process automated? Why, we programmers should do that too! It would save lots of effort :)

  17. Re:iPod searching border guards? by Comboman · · Score: 3, Informative

    Border guards have always had the right to dig through your luggage and look at your underwear, even strip search you if you look at them the wrong way. How is there ANY expectation of privacy at a border crossing?

    --
    Support Right To Repair Legislation.
  18. Re:Safe Harbor Provisions by guruevi · · Score: 3, Interesting

    It also circumvents current laws that most countries have regarding home copies (either subsidized through taxes levied on blank media) and fair use by stating that all copies (regardless of commercial gain) are 'illegal'.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  19. Re:Safe Harbor Provisions by Runaway1956 · · Score: 5, Interesting

    Most concerning to all of us should be, the fact that a separate group of "rights" holders are being defined, and that governments are going to sign away authority and sovereignty to those "rights" holders.

    You think you've seen some crazy shit in the past? Just wait until half the nations on earth are subject to the whims of some greedy sumbitch with a blockbuster movie or two to his name.

    Understand that a treaty supersedes a nation's sovereignty - in effect, you've signed away the right to abjudicate disagreements according to your own law. Those "rights" holders are attempting to dictate to Moscow, Washington, London, and Beijing, just how "intellectual property" will be handled in the future.

    Farewell, Public Domain. From now on, it will all be pubic domain, because those "rights" holders will be sticking it to all of us.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  20. surrender monkeys as in by unity100 · · Score: 4, Informative

    how they occupied entire europe back in 1792 ?

    fyi, any serious scholar of military history would be able to say that what befell on france would befall any contemporary nation that happened to be placed geographically same with france. germans gambled on untested military technology, and won their gambit. such gambles cost many nations their freedoms before when tried. however this time it worked.

    northern france, poland, western soviet union had geography that was most accommodating to this new kind of war, blitzkrieg, with their open wide fields that allowed big mobility. because it was a fast tactic, until allies were able to develop a counter tactic, germans were done away with northern france, and even later soviets in 1941.

    due to geography, blitzkrieg didnt work well in south france, yugoslavia, balkans.

    let me break you another fact - by 1940, united states didnt even have a proper medium battle tank, hell they didnt even have light tanks. had germany been a neighbor of usa, all americans would be talking german now. i know this will come as distasteful to a lot of you nationalist americans out there, but its a brutal historic fact.

    and on a sidenote, im not french. im just a hobbyist of history.

  21. Re:http://en.swpat.org/wiki/201001_acta.pdf_as_tex by Artemis3 · · Score: 3, Informative
    --
    Artix
    Your Linux, your init.
  22. Trust your government by Tokolosh · · Score: 5, Insightful

    ... Even with leaks we can't trust our governments to continue in this despicable fashion.

    On the contrary, I believe that we can put our full trust in the government to continue in a despicable fashion.

    --
    Prove anything by multiplying Huge Number times Tiny Number
  23. Re:http://en.swpat.org/wiki/201001_acta.pdf_as_tex by Applekid · · Score: 3, Insightful

    In this case, since it was effectively smuggled out, I'd wager that the leak was simply unable to get ahold of the source document and maybe all they had available was some hard copies. FSM bless them for the effort, I sure hope they don't get found out and made dead.

    --
    More Twoson than Cupertino
  24. Global Fascism Acid Test by inKubus · · Score: 4, Insightful

    This has the hallmarks of an acid test. Global law negotiations done in secret, under the guise of treaty...exactly the way we don't want it to go. From here there will be more laws in secret and the only way you'll find out you've violated them is that you don't have the required permit on your passport and you're accosted at the border. This is exactly how the global fascists (corpratists) want it. Without control over global travel, they cannot control the flow of goods and information. Each intersection of borders is a profit gradient. If goods are allowed to pass by osmosis, they lose all the leverage they could use to pump wealth back and forth between countries while taking a cut off the top. Sooner or later, they have it all.

    There are basically two forks in this road: one, where there is a single world democracy with the corporations below that rule of law and the other where there are separate country laws (like there are now) and the corporations flit above them BUT prohibit the individual. That's where we're headed now.

    --
    Cool! Amazing Toys.
  25. Re:Not too bad by slashdotjunker · · Score: 3, Insightful

    Not too bad, huh?

    Even if the treaty was blank pages I would be against it. The content of ACTA is irrelevant. The process used to create ACTA goes against what I believe are cornerstones of our society and the treaty should be killed for that alone. Any non-negative or even overtly positive terms of ACTA would not balance out the long term damage to our society caused by allowing ACTA to live.

    I might sound like some kind of hardliner who is unwilling to compromise, but that's not true at all. Here is my compromise. If you just let ACTA die quietly, then I'm willing to let those involved in the creation of ACTA go free instead of sending them to jail.

  26. Re:Not too bad by 2obvious4u · · Score: 3, Insightful

    What if your country only believes in 7 year copyrights? What if your country believes that copyrights stifle innovation?