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ACTA Treaty Released

Posted by CmdrTaco on from the shrouded-in-mystery dept.

roju writes "The full text of the Anti-Counterfeiting Trade Agreement (ACTA) was released today. It differs from the earlier leaks in that the negotiating stance of each country has been scrubbed. Preliminary analysis is up at Ars, which warns that 'Several sections of the ACTA draft show that rightsholders can obtain an injunction just by showing that infringement is "imminent," even if it hasn't happened yet.'"

1 of 205 comments (clear)

  1. Re:Prior restraint? by Pharmboy · · Score: 5, Insightful

    Think about the SCO case: Perhaps SCO should have gotten an injuction to prevent anyone from distributing any version of Linux while the courts figured it all out. After all, they were claiming copyright infringement, exactly the type that would be covered in this treaty. SCO even brought the case to full fruition. This is 100% the type of case that can be subject to being enjoined. Imagine if that happened, and the judge decided that everyone that didn't have an SCO license also needed to take their Linux servers down for infringment.

    The answer is to NOT have prior restraint, and sue for damages later if that is the case.

    --
    Tequila: It's not just for breakfast anymore!