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ACTA Text Leaks; US Caves On ISPs, Seeks Super-DMCA
An anonymous reader writes "Given the history of ACTA leaks, to no one's surprise, the latest
version of the draft agreement (PDF) was leaked last night on KEI's
website. The new version — which reflects changes made during an intense week of negotiations
last month in Washington — shows a draft agreement that is much closer
to becoming reality. Perhaps the most
important story of the latest draft is how the
countries are close to agreement on the Internet enforcement
chapter. In
the face of opposition, the US has dropped its demands on secondary
liability for ISPs but is still holding out hope of establishing a
super-DMCA with digital lock
rules that go beyond the WIPO Internet treaties and were even rejected
by US courts."
We only get once chance to defeat ACTA.
"There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
ACTA Text Leaks
Surely not. That would be infringing their copyright.
The goverment officials dealing with this have absolutely no understanding of how this law will affect the world for generations to come.
We're getting awfully close to needing the 4th box...
Now is really the time to get encrypted, decentralized networks with Onion routing working at a practical level and not just for academic enjoyment. I've had great expectations in GNUnet, but apparently it is pretty hard to port. Freenet has also never convinced me whenever I tried it. Are the technical obstacles really so hard to overcome? What about pervasive email encryption with automatic installation and more widespread use of SSL? What is holding all these technologies back?
Since this effects all of us in a huge way, there will be some sort of referendum which will see what the PEOPLE want and not just the corporation-bribed governments.
Experts say it'll happen on the 30th of Feburary at Half Past Never.
ACTA has many bad parts, such as entrenching DRM and the deadly effects of pharmaceutical patents, but it also has terrible effects for software patents:
http://en.swpat.org/wiki/ACTA_and_software_patents
http://en.swpat.org/wiki/Criminalising_patent_infringement_is_draconian
Expert in software patents or patent law? Contribute to the ESP wiki!
If America can't get control of information soon, we are royally screwed.
Don't bet all your eggs in the same basket.
Actually, for the record, after reading the text and noting on Slashdot I promptly sent a note to both of my state Senators and my House Representative expressing my disliking of said measure.
Not to get too political here, but those of us in the know knew that this sort of thing was going to come up when we voted for Obama since we were well aware of Biden's industry-friendly attitude. Unfortunately, it was this or some of the worst, laughable "politicians" you could ever consider to be put into a Presidential Office. Either way, I'm still glad that the alternative did not make it into office.
Why do you blame Democrats for the DMCA? The bill was introduced into the House by a Republican, it faced pretty much zero Republican opposition in the House and had unanimous support in the Senate. Oh and let's not forget that the current head of the RIAA is a former Republican staffer and GOP lobbyist. So exactly why is it the Democrats fault despite the fact that this bill was introduced and had basically universal support from the Republicans in Congress?
This has to be drilled into everybody's heads.
Copyrights and patents must be abolished, they are part of the death of economies, just like governments regulations, taxes, subsidies, wars, corporate involvement, corruption, stimulus borrowing/printing/spending and bailouts.
All of the above things are killing the economies, these things are making industrialized world uncompetitive and jobs are leaving and no amount of cash can be spent to make the industrialized world competitive again ever because the reason cannot be simply removed by spending.
The reason of the underlying structural breakage of economy is lack of useful production/manufacturing jobs, whose loss has resulted from lack of competitiveness. Competition is the only correct solution to this problem, and copyrights, patents, regulations, wage laws, taxes, subsidies, bailouts, stimulus, wars, corporate corruption are all tied to one main entity: government.
Government is the ultimate force with the power to compel people to do what they do not want to do, and it does so because it craves power, through people who join the government because they crave power, and for them gov't is the ultimate way to get power and money by sharing with corporate friends.
Government involvement in economy must be removed completely and that is the only way to remove incentives to corrupt the government, spending all the money in the world on buying the gov't should NOT buy you a free ride and destruction and structural removal of any competition.
This comment is the actual answer to the question: what the fuck happened to the economy?
You can't handle the truth.
Now is really the time to get encrypted, decentralized networks with Onion routing working at a practical level and not just for academic enjoyment. I've had great expectations in GNUnet, but apparently it is pretty hard to port. Freenet has also never convinced me whenever I tried it. Are the technical obstacles really so hard to overcome? What about pervasive email encryption with automatic installation and more widespread use of SSL? What is holding all these technologies back?
Once something is made significantly illegal and if the government is motivated enough, they'll pay their informants to infiltrate your private encrypted network and capture the IP addresses that way. The informants will host the exit nodes.
Some of us are aliens who do not even live in the USA. And we certainly did not vote for a world-wide police state.
Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
Particularly since the alternative would have done exactly the same thing.
i like this bit "adequate legal protection and effective legal remedies against the circumvention of effective technological measures." well seeing as there are NO effective technologies to prevent the circumvention ...
the old story about building a better mouse trap .
"I don't pitch OpenSUSE Linux to my friends, i let Microsoft do it for me
the US ...is still holding out hope of establishing...rules that go beyond the WIPO Internet treaties and were even rejected by US courts.
That would be precisely why the forces of intellectual darkness and their minions within the U.S. government are pushing for this with such rabidity, and in such secrecy. Unless it's flat-out unconstitutional (a much, much narrower standard than simply "illegal"), anything in this treaty will supersede U.S. courts and U.S. law.
"The illegal we do immediately. The unconstitutional takes a little...ah, fuck it. We do the unconstitutional immediately, too."
Your ass, dude. It's not like the United States is the Lone Ranger, riding at the cutting edge of technology, all alone. FFS, pimple faced kids around the world manage to hack into the Department of Defense computers. Our high tech people sweat at night, worrying about China hacking into their computers. Information your ass. Our PRIMARY export right now is "entertainment". The word is placed in quotations, because it is hardly entertaining to anyone with a lick of sense. Only the brainwashed, ignorant masses can actually PAY for the drivel pumped out from Hollywood and the music industries. I might consider paying them to STOP PRODUCING!
"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
Reality.
If the DMCA provision passes, I promise that from that point I won't spend a single cent on anything made by anybody who supports or takes advantage of it, and that I will make every effort discourage other people and companies from purchasing those things.
All my money will instead go on software, hardware and music without DRM and under liberal licenses, as well as organizations that oppose this kind of legislation. I will especially contribute to any attempts to eliminate patents and heavily restrict copyright.
if you think information goes only one way then you don't understand any society.
Information is not just an export, but an import as well.
I guess Wikileaks does have to leak out government docs. One more thing...." The British music industry has called for a truce with the technology firms with whom it has till now fought a bitter battle over rights, royalties and file sharing.
Feargal Sharkey, CEO of lobby group UK Music, told a conference in London this week that it was time for the music and technology industries to set aside their differences and strive instead toward a common goal: nothing less than the total global domination of British music.
Sharkey, a campaigner against people copying music on the internet and the technology they use, said it had become apparent that technology and creativity were inseparable.
"It's now time for ISPs and tech companies to sit down together and possibly for the first time have a broad adult conversation. Our future is now totally dependent, totally entwined, totally symbiotic," he told an audience of industry, government and media at the Westminster Forum this morning....."
http://www.thinq.co.uk/2010/9/4/uk-music-calls-truce-technology/
Sharkey was on rousing form. The former pop star called dramatically for the mobilization of British music and technology producers: "By 2020. We. Want. To rival. The United States. As the largest. Source of repertoire. And artistry. In. The. World."
Who cares if your American diplomats sign any agreements, it's your government that created and is forcing ACTA on the majority of the world!
It's not "treason" when your country desires it, at least your court system still believes the US is a republic. For how long is another question.
Don't forget food and guns. The US exports a lot of those.
I find this so funny... letting the people just blame one of the two parties in America and bickering about it amongst yourselves seems to me to be the ultimate weapon politicians devised to keep you under their rule.
That's only if it's ratified in the Senate as a treaty. The Obama administration has already signaled that they want to enact it as an executive agreement if possible.
There were several alternatives that would not have, we just chose to completely ignore them.
Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
I'm not an expert on this, but I believe Presidents can enter into executive agreements with other countries only until the President's actions affect US citizenry. Then we've got an ultra vires issue or presentment problem unless congress passes the agreement.
Executive agreements obviously cannot violate the Constitution. Since the Reid v. Covert decision, the U.S. has made it explicit that although the U.S. intends to abide by a treaty, if the treaty is ruled in violation of the Constitution by federal courts, then the U.S. legally can't follow the treaty since the U.S. signature would be ultra vires.
Plus treaty law (including executive agreements, congressional-executive treaties, and real treaties) is incorporated into the body of U.S. federal law. So congress can modify or repeal treaties afterwards, and SCOTUS can review it.
However, I'm still wary. According to an EFF article published in The Yale Journal of International Law [PDF]. Even if this article is true, the agreements are still subject to modification after they're passed, but that shouldn't be good enough.
You seem to be assuming a justice system that is beyond just nominally "working", but 100% efficient and cost-free to the harmed party, and that everyone is going to have full knowledge, and ample evidence, of the harms that are about to be inflicted upon them (or are being inflicted).
Your example of people getting sent to jail for things like drug possession is curious -- that's an instance of the government pursuing criminal charges, not of individuals bringing civil lawsuits. Exactly the thing that you say doesn't work (not that the War on Drugs(tm) is all that successful, but that's another matter...). If someone breaks into my home, steals my things, and shoots me, should it be up to my next of kin to gather evidence, hire a lawyer, and file a lawsuit against the perpetrator?
Should I file the pollution lawsuit after I've got cancer, and find out what was being dumped into the water supply? Small comfort that'll be, and maybe the entity responsible (at least on paper) doesn't even exist anymore.
My point is precisely that there must be NO COMMONS.
I am hereby giving notice that you have been discovered inhaling air, some of which was within the air rights of my property at the time that I bought it (it's your job to figure out whose air the wind blew toward you -- especially if you want to know whom to sue if it's polluted, and you can prove it was that specific breath that made you sick...).
Further unauthorized use of this privately owned asset shall be grounds for litigation. I hope your lawyer's as good (i.e. expensive) as mine.
I don't think a private owners would lobby to set a liability cap on damages caused by an oil spill in his private property
The owners of the oil rig sure would. Do the owners of surrounding property have as much money to spend on lobbyists to represent their interests?
This would turn almost everyone I know into a felon. Convicted felons can't vote. Used to be, they didn't want poor people to vote. Now it looks like they're going to go after the intelligent and informed.
Our PRIMARY export right now is "entertainment". The word is placed in quotations, because it is hardly entertaining to anyone with a lick of sense. Only the brainwashed, ignorant masses can actually PAY for the drivel pumped out from Hollywood and the music industries. I might consider paying them to STOP PRODUCING!
Ah, another snob with poor taste who believes everything everyone else likes is crap, that he's somehow the enlightened one, and wishes with every fiber of his being that everyone else would just WAKE UP.
Why do you blame Democrats for the DMCA?
Maybe because they control the House, Senate and the Presidency?
When the DMCA was enacted, Republicans controlled the House and the Senate.
We as citizens are so screwed.
---- Booth was a patriot ----
Our PRIMARY export right now is "entertainment".
No it isn't. Not by a long shot.
The most recently available number for total hollywood studio revenues is $42.3 billion in 2007.
Total US exports were a hair over $1 trillion in 2009.
So even if every single cent hollywood made came from exports, they would still be a drop in the bucket.
When information is power, privacy is freedom.
I doubt it would.
"There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
There, fixed that for you.
Remember who is really driving this, it's not about enforcing current copyrights at home, ACTA is about enforcing US copyright laws and indefinite copyright in other nations.
Calling someone a "hater" only means you can not rationally rebut their argument.
Every time someone on slashdot posits a global wireless mesh they get beaten back because of how slow it'll be to transfer several gigs of porn over it. Last I checked the information that we need to know, to liberate from censorship, was basic text, heck a lot of it is currently representable in ASCII. So what if we step back a decade to the age of the text only bulletin board. At least these BBs will be automatically backed up, re-routed and physically located nowhere, so will be uncensorable.
If you don't risk failure you don't risk success.
there will be some sort of referendum which will see what the PEOPLE want Given the history of American Appellate courts overturning laws enacted by Prop 8 and Prop 25 in California, it won't matter a whit. The American Voter has always had the illusion of holding the power...that is until someone whispers in a Judges ear...
Windows assumes you are an idiot...Linux demands proof.
I blame both parties for the DMCA. I just find it amusing that people try to blame only the Democrats for the DMCA when it was a Republican-sponsored bill and had basically unanimous Republican support.
The guy said "entertainment." That is not just hollywood movies. It's tv shows, sports (super bowl anyone?), music, and all the other stuff
Hollywood is most movies, most tv shows and most music. Sports, I dunno I guess the NFL, et al are mostly independent.
"All the other stuff" is what? Video games, books and magazines?
Either way, it is unlikely that "entertainment" exports from all of those other sources bring the total to more than the total domestic and foreign revenue from 'just' Hollywood.
When information is power, privacy is freedom.