'Son of ACTA' Worse Than Original
An anonymous reader writes "TechDirt has the latest on the leaked US proposals for the 'Son of ACTA' treaty and it looks worse than the original. It's practically a checklist for how to kill innovation while making lawyers rich. In particular, they call for expanding what's patentable, blocking people from buying copyrighted goods in other countries and taking them home, expanding liability for ISPs whose users commit acts of infringement, forcing ISPs to identify their users to anyone on demand, and getting rid of third-party patent review while expanding the presumption that they're valid. The only way it could get any worse would be if it were enacted in law."
Sorry for the slightly rude subject, but hopefully that got your attention.
How this agreement is worded, it would not be self-executing. If I'm correct, that would mean this would not be binding federal law even after passed. For that to happen, Congress would have to then enact implementing legislation. This is merely an agreement between nations on what they are going to or should do.
Further, I don't understand all the FUD about the patent provisions. This wouldn't change anything. As far as I can tell, the U.S. already does all of this.
Also, take a look at the America Invents Act which just passed the Senate. That would put U.S. patent law more in line (but not completely) with the rest of the world. It will open up more prior art to invalidate patents. It also has a procedure to re-review crappy business method patents. Lots of stuff that you guys should like. Sure, I'd like to see it go further to stop the patent trolls and make litigation cheaper, but at least it's something.
So Calm Down. You guys don't like patents. We get it; that doesn't mean you have to misrepresent the facts. I also note that for all the companies out there trying to get crappy software patents, there are a whole bunch trying to invalidate them. (Disclosure - part of my job is trying to invalidate crappy software patents. I'm no big fan of them, but that doesn't mean I need to lose grasp of reality.)