Slashdot Mirror


Proposed Final ACTA Text Published

ciaran_o_riordan writes "The US Trade Representative has published a text which, subject only to a last legal review, is proposed to be the final text of ACTA. The differences between this text and last month's, from the Tokyo round, are mostly cosmetic but there's an important positive change giving signatories the option of excluding patents from section 2. As for software patents, most harm has been avoided. If signatories make use of the section 2 exclusion option, there might be no harm at all. Lobbying for this will be important. Meanwhile, the many problems regarding Digital Restrictions Management, and the extra powers given to businesses to obtain personal and identifying information about accused copyright infringers "in the Digital Environment" are still there (mostly section 5). Earlier texts were much worse. The improvements in recent months are surely due to public outcry, leaving us indebted to the anonymous friends who scanned and leaked the various secret versions and the activists who made text versions and spread them across the Internet. There's a chance we can still influence the text in this legal review phase, but the bigger task ahead will be working on the national implementations. It's not yet clear what procedure the US will require for its own ratification."

41 of 148 comments (clear)

  1. No problem here by rastoboy29 · · Score: 2, Insightful

    The U.S. Senate simply needs to not ratify it.

    Right?

    1. Re:No problem here by robinsonne · · Score: 3, Informative

      I'm pretty sure the Senate will ratify whatever their corporate overlords tell them to. And I don't care if previous texts were much worse....that doesn't change the fact that ACTA sucks.

    2. Re:No problem here by icebike · · Score: 4, Insightful

      Not if you get on them HARD right now.

      Many in the Senate are still stinging from the voter rebuke that just occurred, and the rest are not in a mood to pick a fight with the voters.

      The entire thing should simply be rejected due to the excessive secrecy with which it was negotiated. Even if this treaty gave a gold brick to every citizen, capped punishment at one dollar and 50 cents, and baked you pies every Wednesday, the mere fact that they had to build a world wide conspiracy of silence to try to get this one over means it should be Dead On Arrival in the Senate.

      But I suspect it might never go to the Senate. Obama will simply try to impose it by edict as a "trade agreement" without treaty status.

      Treaties modify the US Constitution. People have to realize that.

      --
      Sig Battery depleted. Reverting to safe mode.
    3. Re:No problem here by DragonWriter · · Score: 4, Insightful

      Treaties modify the US Constitution. People have to realize that.

      No, people don't need to realize that, since its not true.

      The Constitution, treaties ratified by the Senate, and federal laws adopted under the authority granted by the Constitution together form the "supreme law of the land", superceding the constitution and laws of the states (U.S. Const, Art. VI) but the only thing that modifies the U.S. Constitution is amendments to the Constitution adopted under Article V.

      Putting falsehoods in bold print doesn't make them true.

    4. Re:No problem here by icebike · · Score: 4, Informative

      The "Supremacy Clause" of the U.S. Constitution is contained in Article VI:

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

      So your own citation proves you wrong.

      --
      Sig Battery depleted. Reverting to safe mode.
    5. Re:No problem here by Tauvix · · Score: 2, Informative

      Not so. The text that you put in boldface does not indicate that the Constitution itself is changed, just that it is overridden. There is a subtle difference. For example, if a treaty expires, or is overturned by the courts, or deratified by Congress, any laws that it put into place that override the Constitution are null, and the Constitution takes over.

    6. Re:No problem here by idontgno · · Score: 5, Informative

      I know that Slashdot frowns on this kind of thing, but if you'd followed the last link in TFS, you would have discovered that the US Trade Representative has declared that ACTA will take effect in the US by Executive Order. Why? 'Cuz they said so.

      That's right, folks, it's a treaty, but it's not a treaty! So that little part of the U.S. Constitution requiring ratification by the Senate doesn't apply! Really! This is not the treaty you're looking for!

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    7. Re:No problem here by mysidia · · Score: 3, Informative

      Treaties modify the US Constitution. People have to realize that.

      No. False. What the constitution says is:

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

      In other words, these things are the supreme law of land, In this order

      1. The US Constitution
      2. The laws of the United States
      3. all Treaties made, or which shall be made, under the Authority of the United States

      Adopting a treaty doesn't impose any domestic rules, except under the rare circumstances of a self-executing treaty, which does not have power equal to the constitution. The treaty making power does not trump the legislative power of the congress.

      And treaties are only valid if signed by the president and ratified by 2/3 majority of the senate.

    8. Re:No problem here by JesseMcDonald · · Score: 4, Informative

      It doesn't even indicate that the Constitution is overridden. It just says that the U.S. Constitution, the national laws which implement it, and national treaties, taken together, override state constitutions and state laws. It doesn't spell out any particular precedence between the various national elements. Based on just the quoted text, the U.S Constitution could still take precedence over treaties. After all, it certainly takes precedence over national laws, which are part of the same list.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    9. Re:No problem here by DragonWriter · · Score: 4, Insightful

      The "Supremacy Clause" of the U.S. Constitution is contained in Article VI:

      Yes, it is. Too bad you don't understand what it says.

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

      So your own citation proves you wrong.

      No, it proves me right. Let me refresh your memory on what I said, which was:

      The Constitution, treaties ratified by the Senate, and federal laws adopted under the authority granted by the Constitution together form the "supreme law of the land", superceding the constitution and laws of the states (U.S. Const, Art. VI)

      And -- that's exactly what Article VI says. To avoid any confusion from reading too much at once, and with your oddly placed emphasis, lets break it down. First it defines what the supreme law of the land shall be:

      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;"

      IOW: The Constititution, federal laws, and ratified treaties are the supreme law of the land.

      Then it goes on to say what it means for those things to be the supreme law of the land:

      "and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

      IOW: The things that are defined as "the supreme law of the land" in the first clause (the Constitution, federal laws, and ratified treaties) are binding on State judges and superceded the constitutions and laws of the states.

      It does not say that treaties modify or supercede the federal Constitution, any more than it says that federal statute law modifies or supercedes the federal Constititution. It just says that, taken together with the federal Constitution, treaties and federal laws supercede state constitutions and laws, and are binding on state judges.

    10. Re:No problem here by DragonWriter · · Score: 3, Informative

      While in effect, Treaties are the same as amendments.

      They CHANGE the Constitution.

      Saying that, even putting "change" in all caps, doesn't make its so. Treaties don't change anything. Treaties, taken along with federal laws and the federal Constitution, supercede state laws and state constitutions and are binding on state judges. That's all the Supremacy Clause says.

      Amendments and Treaties carry the full force of the Constitution. They become a part of the constitution.

      Wrong. Amendments under Article V change the Constitution. Treaties don't change the Constitution any more than regular laws passed by Congress do, and there is nothing in the Constitution that suggests otherwise.

    11. Re:No problem here by DragonWriter · · Score: 2

      The effect of treaties is to amend the constitution.

      No, it is not.

      A ratified treaty holds the same sway as an ammendment.

      No, it doesn't. The Supreme Court has ruled on many occasions, e.g., that a simple federal statute can abrogate a treaty (just as it can repeal a law.) Federal statutes cannot remove Constitutional amendments. A ratified treaty, then, has priority similar to that of federal statute law, but not the greater priority of a Constitutional provision.

      Argue ans split hairs all you want, the fact remains that the Supreme Court has yet to hold a treaty unconstitutional [asil.org].

      It has NEVER happened.

      Therefore, The point remains that if this treaty is ratified, we are stuck with it just as much as we were stuck with any other amendment to our constitution, until repealed.

      Your own source for the point about no treaty yet being struck down disagrees with you rather forcefully on that issue. To quote from the document at the link you provided:

      At one time there was some doubt whether a treaty (adopted with the consent of two-thirds of the Senate) must comply with the Bill of Rights, and the Supreme Court has yet to hold a treaty unconstitutional. Nevertheless, there is very little doubt that the Court would do so today if a treaty clearly violated the Bill of Rights. Even more certainly, it would hold unconstitutional a Congressional-Executive agreement or a Sole Executive agreement that is inconsistent with the Bill of Rights.

    12. Re:No problem here by ultranova · · Score: 2, Informative

      So tell me why again it should be come law of the land?

      It's your corporate overlords who want to inflict this on the rest of the world. Why shouldn't you suffer from your own bullshit? Maybe that'll teach you to reign those bulls in, and not let them crap all over the world.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    13. Re:No problem here by Omestes · · Score: 2, Interesting

      Many in the Senate are still stinging from the voter rebuke that just occurred, and the rest are not in a mood to pick a fight with the voters.

      If they are stinging from it, they are morons. It happens every damn midterm, and every damn midterm people paint it as some big revolution, or some big protest. If, in two years, a Republican is sitting in the White House, two years later we will have a Democratic senate and house. Its how things work. It is a completely normal, and predictable, event.

      Its actually shocking to me that the Republicans didn't get the Senate too.

      I'm not a cheerleader for either side. They both have consistently failed us as a country, and have consistently failed to uphold their own stated ideologies. They are failures on pretty much every count. This latest wave of Republicans (with their "popular mandate", which really means 60% of local voters) will fail both the country and the people who voted for them too, just like the last wave of Democrats.

      Yes, I'm cynical. I would stop, but trends always seem to back it up.

      I find the partisan finger pointing to be amusing. For most of the things that screwed our civil liberties there has been wild bi-partisan support in the halls of congress, even if there has been ideological dissent from non-politicians in the streets. The Democrats and Republicans aren't working for you. No matter who your favorite is, and who you're hoping wins, they don't give two shits about you.

      At best they think your some little insignifigant thing that must be cared for, since you don't know whats good for you. At middling they are looking out for their next election, and the amount of money they will need to win it (they will work for you, once they finish working against you for funding). At worst they are working wholly for their own self interests.

      Perhaps worse still, and completely killing the viability of most third parties (and the very few actual tea party types), they might be working out of some "true ideology" that they hold sacred, consequences be damned since they are only focused on the big picture.

      God I hate American politics.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
  2. Copyrights? by Anonymous Coward · · Score: 5, Insightful

    Remember, the original goal of copyright was to give exclusive copy rights to the authors for a limited period in exchange for their work to become public domain after that limited period.

    A lot more people would agree to abide by copyright laws if they had not been twisted into the lifetime + 50 years locks that they are now.

    1. Re:Copyrights? by theheadlessrabbit · · Score: 3, Informative

      Remember, the original goal of copyright was to give exclusive copy rights to the authors for a limited period in exchange for their work to become public domain after that limited period.

      A lot more people would agree to abide by copyright laws if they had not been twisted into the lifetime + 50 years locks that they are now.

      I believe it's now life +70 years in Britain and America.

      life of the artist should have nothing to do with it. it should be 'x years from date of first publication'

      --
      -I only code in BASIC.-
    2. Re:Copyrights? by hedwards · · Score: 2, Interesting

      Assuming it ever expires. I think that it's a one off for Peter Pan, but it does have an eternal copyright at least as far as the UK goes.

    3. Re:Copyrights? by mirix · · Score: 3, Insightful

      Well, you'd be able to show your kids Disney's rendition of Cinderella, which I suppose would never exist if brothers Grimm had eternal copyright. Want to watch some old loony tunes? Perhaps one of my favourite films, Dr. Strangelove. There is plenty of stuff that is greater than 14 years old, and still relevant.

      You know how many films and cartoons use pieces of classical music like Tchaikovsky, etc? Nothing like that is possible with the current bordering-on-perpetual copyright setup. If nothing ever enters into the public domain, things sort of stagnate.

      Of course people would still pirate, There's no getting away from that.

      The benefit is you would be free to use older material, incorporate it into your own, etc. As it stands most things are lost to the wheel of time before you'll be able to build on them, or include them in your works, and so on. It's detrimental to creativity as a whole, as I see it.
      It's not just about wanting to see free movies. Maybe you want to make a short film, and have a song from the 40's in the background. You're probably going to have to pay royalties for that.

      --
      Sent from my PDP-11
    4. Re:Copyrights? by Anonymous Coward · · Score: 2, Insightful

      True, but that's not the purpose of eternal copyrights, the purpose of eternal copyrights is to prevent old content from displacing the value of new content.

      For instance Soulja's latest album is new and it will sell but it's value would sharply fall if people could freely use Coolio's musical archive, anywhere, be it parties, night clubs, ringtones, friking lifts, anywhere anyhow including youtube videos and birthday videos, etc.

      The current archive of copyrighted contents is HUGE and that's only counting miscellaneous works, there are also hits like the original star wars movies and the Beatles, Elvis etc that never get old.

      Look for instance how Nintendo squashed the fan made sequel to Chrono Trigger, they didn't buy it because they know it won't sell but they don't want it to be freely available for this reason.

      The content industry as a whole depends on keeping the public domain line a century ago to keep their current products relevant.

  3. idiot by unity100 · · Score: 2, Informative

    acta proceedings were prepared during bush years, with republican senate and house. it was well underway in 2006 when democrats got the houses. and it was already being negotiated in 2008. not that it would matter much, since democrats are too in the pockets of the private interests. but, the head of the snake, were republicans.

    they shaped this.

    1. Re:idiot by WrongSizeGlass · · Score: 3, Insightful

      Now, now you two. There's enough blame to go around.

    2. Re:idiot by Charliemopps · · Score: 4, Insightful

      No, large patent holders shaped this. Politicians, democrat and republican alike, that had little idea what any of it meant, took their money and happily let it go on through. As Ralph Nader once wisely said, our two party system is a two headed dragon. There is no difference between the two parties. People like you who seem to think the democrats are somehow less corrupt are causing the problem more than the people that vote republican.

    3. Re:idiot by mysidia · · Score: 3, Insightful

      acta proceedings were prepared during bush years, with republican senate and house. it was well underway in 2006 when democrats got the houses. and it was already being negotiated in 2008. not that it would matter much, since democrats are too in the pockets of the private interests. but, the head of the snake, were republicans.

      I think it might be more accurate to say the head of the snake were politicians.

      Because you know... ACTA and more powerful, more draconian, more extensive copyright and business method/software patent protections are one of the few things there is bipartisan support for.

      The fangs of the snake will be whatever president signs ACTA, if it gets signed. Because the clincher is approving the rule -- no matter who drafted it

      And no... neither republicans nor democrats "really" decided what should go in it. This was done by corporations that have become scarily powerful, so scarily powerful they can apparently buy enough supporters now to get whatever laws they want.

      The opposition who aren't getting their numbers artificially increased by corporations paying people, don't really stand a chance, unless there is a full-blown revolt by the masses.

    4. Re:idiot by SuricouRaven · · Score: 2, Insightful

      There are issues on which they disagree, but this is not one of them.

  4. Re:Wow. by characterZer0 · · Score: 2, Interesting

    Big business may be corrupting the elected representatives, but the blame still lands at the feet of the voters who keep voting the same people back into office.

    --
    Go green: turn off your refrigerator.
  5. Re:Wow. by unity100 · · Score: 2, Interesting

    big business is not corrupting elected representatives. big business is making sure that their candidate gets elected, through the mechanics of capitalist system.

    big business owns big media. big business has big bucks to spend. even if your candidate has money to spend, if big business owning the big media doesnt want him to get elected, they wont just give airtime to him/her in their media outlets. and, your candidate wont win.

    its as simple as that.

    that is of course leaving aside the fact that big business can easily brainwash entire swaths of society, or, outright lie to them, if need be, through their media.

  6. Re:Wow. by mirix · · Score: 2, Insightful

    Part of the cause of that is the lack of proportional representation, though. So people get stuck in the whole "Go ahead, throw your vote away" dilemma.
    They end up voting for the lesser of two corporate ruled evils, as opposed to a party that is more in line with what they actually want.

    Well, that coupled with People believing myths due to either propaganda or outright stupidity (ie. republicans being for small govn't, which is patently false these days; or that dems are going to implement any sort of democratic social reform... maybe token measure here and there, but it's still by the corps, for the corps.)

    Being an outsider looking in, the whole setup looks like sheer lunacy to me, but...

    --
    Sent from my PDP-11
  7. Re:Wow. by Attila+Dimedici · · Score: 2, Informative

    Your rant would make more sense if you demonstrated any knowledge of the legal ways that a treaty becomes law in the U.S.. In the U.S., the house of representatives have nothing to do with treaties. Treaties must be ratified by the Senate.Furthermore, it hasn't been that many years since a President signed a treaty that was resoundingly rejected by the U.S. Senate. Bill Clinton signed the Kyoto Accords and the U.S. Senate voted 98-0 to reject them.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  8. Re:Wow. by unity100 · · Score: 2, Interesting

    vast swaths of the society do not have the means and the time to work on a high level of political awareness through culture and digesting heaps of information. they have to survive, they have to take care of their family.

  9. Re:Hopenchange! by vux984 · · Score: 3, Insightful

    If you didn't vote Republican in 2008, you asked for this.

    I've found that...

    If you voted you asked for this.
    If you didn't vote you are responsible for letting it happen.

    is true of about 2/3rds of what the governement does... if not more.

  10. Re:Wow. by idontgno · · Score: 2, Insightful

    they have to survive, they have to take care of their Farmville.

    FTFY.

    OK, not universally true, but true to an extent that pretty much guarantees the success of...OOH SHINY!

    "Panem et circenses." Our culture surely has the "circenses" part down pat.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  11. Re:Hopenchange! by Gilmoure · · Score: 3, Insightful

    I voted Independent in 2000.

    In Florida.

    My bad.

    --
    I drank what? -- Socrates
  12. Re:Hopenchange! by FiloEleven · · Score: 3, Insightful

    Aww, isn't that cute? The little AC still thinks he has a major party looking out for his interests!

  13. Re:Executive Agreement by cheekyjohnson · · Score: 2

    ". . . until signed away, by Executive Agreement, despite the will of the people."

    Uh, the people never really had much power (which, as we see here, was a mistake). The government is making this already bad situation worse, yes, but it was always broken.

    If the people really wanted to, they could overthrow the government using their sheer numbers, but too many people are preoccupied with their unimportant little activities to care about things such as freedom and privacy, leaving people who would actually do something if the situation presented itself outnumbered.

    --
    Filthy, filthy copyrapists!
  14. Re:Hopenchange! by TheRaven64 · · Score: 2, Funny

    Both the major parties are looking out for his interests, in the hope that they can appropriate any that he has left.

    --
    I am TheRaven on Soylent News
  15. Let go a little and POUNCE! by Shompol · · Score: 3, Insightful

    Earlier texts were much worse.

    Stalin: Let's execute all dissidents and paint the Mausoleum green!
    Minister: Why green, comrade Stalin?
    Stalin: I knew there would be no objections about the first part.

  16. Re:Wow. by cheekyjohnson · · Score: 2

    Poor, poor excuse. It doesn't take that long to realize that they are ruled mostly by the rich and by people who couldn't care less about them except for their vote. It's just that the average person is so indoctrinated that they think they're making a difference with their pointless little votes for the same two parties over and over.

    --
    Filthy, filthy copyrapists!
  17. Pirates! by tobiah · · Score: 4, Insightful

    The treaty spends a lot of time on "pirated copyright goods", and the bits about "counterfeit trademark goods" seem tacked on. I could find no mention of the public good, the rights of licensees, fair use, public domain, media transfer/backup copies, etc. There is a good bit about the minimum civil and criminal procedures and penalties that should be in place and made available to businesses and rights holders. It seems to be exclusively intended to ensure that organizations like the RIAA can sue and harass "pirates", and god willing, get them a healthy jail sentence too. This is interesting in that it might provide some cover for rights-holder actions that are an abuse of the court system (mass filings) and criminal harassment.

    --
    "The ability to delude yourself may be an important survival tool" - Jane Wagner -
  18. Re:Wow. by falconwolf · · Score: 2, Interesting

    Part of the cause of that is the lack of proportional representation, though.

    No, the biggest problem is the power and size of government. Even with parliamentary systems with proportional representation major parties can be forced to include small and evil parties to form a governing coalition. Witness Israel, whenever the government holds serious talks with Palestinians it has to deal with small ultra conservative Jewish parties who oppose giving Palestinians any land. That is what happened in the talks that came closest to peace, the Taba Summit or talks. In 1999 Israel's PM Ehud Barak and Yasser Arafat came the closest to peace in Taba, Egypt. Running against Ariel the Bulldozer Sharon, who had the support of those ultra conservative parties, to become the PM for another term Barak didn't finish negotiations. And of course Sharon opposed them.

    Falcon

  19. Democrat/Republican both = politician by LostMyBeaver · · Score: 2, Insightful

    Like any short term contractor, a politician has to use at least part of the time while they're in their current position to line up their next position.

    Once you get a contract which is paid a fixed rate no matter what your performance, it doesn't make too much difference what you do during that time. In a contractor position where your job is mostly about "networking" not networking, but "networking", in reality, as long as your talking with your friends and bitching about your enemies, you are in fact doing your job.

    So, while you have this 2-6 year contract, you have the perfect opportunity to find what's next. Treat busting a teenager with coca chewing gum from Columbia as a major drug crime, advocate the need for coca chewing gum detectors in the airports and you can get an officer position at a security firm lined up with a limo and personal driver when you're done with your current job.

    It makes no difference if you're democrat or republican. They're both so full of shit that they had to paint their offices brown so as not to worry about the splatter marks when they hit their desks in exclamation (while yelling at the inanimate object displaying the broadcast of a modern alternative to the Greek arenas).

    The real bitch of it is, as the house grows, it becomes easier and easier for a politician to spend all their time on their next job because they can easily be lost in the crowd.

  20. well by unity100 · · Score: 2, Interesting

    this way or the other, that is what you have, and have to work with. you cannot just allow private interests dominate every aspect of life, brainwash citizens, and just say that 'well, they should have been smart'. they may be going for 'oooh shinies', but, they are still people, and they have a right to not be dominated, fooled, frauded and oppressed.

    if the good people dont act, evil has the day.