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ACTA's EU Future In Doubt As Poland Suspends Ratification

superglaze writes "Poland has suspended its ratification process for ACTA, throwing the copyright crackdown into doubt for the whole European Union. ACTA is being handled as a 'mixed agreement' in the EU due to its criminalization clauses, so if a single EU member state (such as Poland) fails to ratify it, it is null and void across the entire union. If that were to happen, at least six of the remaining international signatories would have to ratify ACTA for it to apply anywhere in the world. Outside the EU, only eight countries — including the U.S. — have signed."

139 comments

  1. backlash? by bmimatt · · Score: 0

    Fuckin' A!

    1. Re:backlash? by Jeremiah+Cornelius · · Score: 5, Interesting

      There's a great pic of about 15 Polish legislators, holding paper Guy Fawkes masks over their faces - as the vote is tallied.
      http://static.arstechnica.net/2012/01/30/polish-mask-4f26f00-intro.jpg

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    2. Re:backlash? by Anonymous Coward · · Score: 0

      That is freaking awesome :D

    3. Re:backlash? by jamstar7 · · Score: 1

      Remember, remember, the 5th of November...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    4. Re:backlash? by fuzzyfuzzyfungus · · Score: 1

      It would appear that the MPAA Forgot Poland...

    5. Re:backlash? by jamstar7 · · Score: 4, Funny

      This just in:

      Sources in Washington report the extraordinary rendition of 15 Polish politicians for copyright violation from the Parliament Building of the European Union early today. Acting on secret orders from the MPAA and RIAA, spokesmutants claimed yet another victory in the War Against Piracy and Terrorism. The sources added, an additional 4 British journalists were also captured when they pointed out that it was a British copyright that was infringed upon, not an American copyright. The journalists are said to be 'settling in quite nicely' at Guantanamo Bay's Camp X-Ray...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    6. Re:backlash? by IronHalik · · Score: 1

      The gunpowder, treason, and plot...

    7. Re:backlash? by Anonymous Coward · · Score: 0

      Ironically its also copyright infringement. Or I bet some lawyers at WB think so.
      Its funny that every time an Anon buys a Guy Fawkes / V mask from Amazon for $1.37 that WB gets richer.

    8. Re:backlash? by Jeremiah+Cornelius · · Score: 4, Funny

      See! That's ONE difference between them and the Nazis!

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    9. Re:backlash? by Anonymous Coward · · Score: 1

      What were the 15 Polish MPs doing in the European Parliament building?

    10. Re:backlash? by Darinbob · · Score: 1

      Why Guy Fawkes? That mask as a symbol is ridiculous. Guy Fawkes was a loser not a hero. Of course, I guess it's no more ridiculous than pacifists who wear Che Guevara tee shirts...

    11. Re:backlash? by F.Ultra · · Score: 1

      In all the pictures of people with these masks they are simple cut outs from printed paper. I don't think any Anon at all buys these from some one who pays any license to WB.

    12. Re:backlash? by F.Ultra · · Score: 1

      What he as a person did is no longer relevant, symbols gets new meanings all the time.

    13. Re:backlash? by Darinbob · · Score: 1

      True, but it's a silly symbol. And those who use the symbol seem to be oblivious to the fact that it makes them look foolish and is undermining their cause. I just think it's a big bizarre is all. Plus there's the whole Anonymous attachment to that symbol which further adds to the ridiculousness. (at least with Anonymous when they use that symbol it usually means "don't take us seriously, we're just here for the lulz")

    14. Re:backlash? by EdIII · · Score: 3, Informative

      I'm having a hard time understanding why Guy Fawkes was a loser. Was it solely because he failed or because he broke under torture?

      I'm not sure if most people associate it with that movie, in which case they are associating it with the plight of the character which is wholly different than that of the real Guy Fawkes.

      He was a hero to some people. That would have depended on your religion and philosophy at the time. He was quite defiant and resolute but did ultimately break under torture. That is kind of hard to hold against him as every man breaks.

      I don't find the symbolism strange because of Guy Fawkes being a loser or a hero, just that Guy Fawkes was never fighting for any noble cause, or the suffering of the people per se, but for Catholicism. That's it. I don't find that very impressive and quite unsuitable to what he is being used as a symbol for today.

    15. Re:backlash? by EdIII · · Score: 1

      Considering that Guy Fawkes and the whole incident is over 400 years old I would find it offensive if any licensing was required anywhere.

      To copyright *that* or trademark it is completely ridiculous. Is that all it takes? Make a movie that uses a mask, out of context, about a guy that escaped disemboweling by hanging himself 400 years ago, and you get copyrights and trademarks over it?

    16. Re:backlash? by Grishnakh · · Score: 2

      At the time, fighting for Catholicism was probably considered noble by many people. Remember, England had two big uprisings during Henry VIII's time over his forcing of Protestantism on the people, and along with that seizing the monasteries and churches and making them Crown property. These uprisings were put down brutally, but the people participating were regular common people (with a few nobility); they obviously liked their Catholicism for whatever reason. They really believed you had to talk to a priest to talk to God, and Henry was taking that away from them.

    17. Re:backlash? by boorack · · Score: 4, Interesting

      Greetings from Poland.

      The whole thing stinks. Our whole political class was involved in an attempt to pass it as quietly as possible and ram this feudal law down our throats. Those 15 crooks were involved in this scam but - as they're formally an opposition - they weren't directly responsible for passing ACTA, so they could switch sides at any time and they did it as soon as they saw opportunity in it. Neverthless I'm happy to see they've helped raising (bad) publicity about ACTA fiasco with those masks. I'm definitely NOT happy with Tusk who ordered signing this crap despite huge protests and I'm not confident he really means to not ratify this - in my opinion he is a pathological liar. Just one day earlier one of his stooges (M. Dowgielewicz) acknowledged that they (government) are determined to ratify it despite of protests. In their (polish govt) opinion protests are "overreaction of manipulated young people". Geez. What a bunch of fucks (I told you they're all pathological liars).

      Our media also didn't help much - media lied at first. Only later, as more and more known and respected persons took side of protesters - media acknowledged some of their concerns - but all reports in our mainstream media seems to be watered down and limited to internet/copyright issues. Not a single word about generic drugs or patented GMO crops - whole debate is as limited as possible.

      And there is another thing that stinks even more than all things above combined. In the wake of these protests we had major hiccup in our parliament and reps in one of commision voted and issued a recommendation to suspend ratification process and start public consultations about ACTA. Next day some lady from US embassy started calling those representatives and asking why did they pass this and why party leaders did not enforce 'party discipline' to vote this recommendation down. While previous things did not impress me too much (as I'm used to our crappy political class), the last one made me really furious. If someone is still in doubt who is ruling my country - not President nor Prime Minister - It's some obscure lady from US embassy. (?!?) Few months ago (presumeably) the same lady in meetings of agriculture commision was pushing to legalize patented GMOs in my country ! It seems that we've got rid of Soviets but we haven't got our independence either. Our politicians stopped taking orders from Mockba but started taking orders from Washington and Brussels.

      Last but not least I would thank everyone who attended anti-ACTA rallies regardless of cold weather we currently have. I was only on one of these and I feel I did too little. Thank you - all of you who made our lovely government reconsidering (or at least pretending to reconsider) this decision. My feeling is that we should not stop here. Every term our elected officials show disregard for us and do things that directly violate their fiduciary duties (at expense of citizens of course). I think that now as we've scored first meaningful success, we should go further and demand as many elements of direct democracy as possible. Technical means to cheaply perform referendums are in place, it's just politicians that are dragging their feet.

    18. Re:backlash? by NoZart · · Score: 2

      The mask as it is used everywhere has nothing to do with the real Guy Fawkes. It was designed for the comic V for Vendetta by DC

    19. Re:backlash? by boorack · · Score: 1

      Furthermore with every mask bought and used by anyone some big, fat, ACTA-pushing corp earns $$$. Yes, I also see this ridiculous. Should we look for another symbol or is it too much effort to do this ?

    20. Re:backlash? by Joce640k · · Score: 3, Informative

      It's not used because of Guy Fawkes, it's used because a movie called "V for Vendetta".

      --
      No sig today...
    21. Re:backlash? by Muros · · Score: 1

      The mask as it is used everywhere has nothing to do with the real Guy Fawkes. It was designed for the comic V for Vendetta by DC

      I wouldn't say it has nothing to do with the real Fawkes. It was designed for the comic book character, yes, and is basically a pretty featureless grinning face with a mustache, but is somewhat similar to pictures of Fawkes that a quick google search will find.

    22. Re:backlash? by Muros · · Score: 2

      I don't find the symbolism strange because of Guy Fawkes being a loser or a hero, just that Guy Fawkes was never fighting for any noble cause, or the suffering of the people per se, but for Catholicism. That's it. I don't find that very impressive and quite unsuitable to what he is being used as a symbol for today.

      I'd have to disagree with you on that one. You can certainly take the view that he was "fighting for Catholicism". Fighting for any kind of religion is not something I'd be particularly interested in. I however would take the view that he was fighting against repression and persecution. Europe had all sorts of religious fun after the Reformation. In France, Spain and Italy, Catholics murdered Protestants. In the various germanic countries, they killed each other and eventually learned to live with each other. And in Britain and Ireland, the Protestants got to be the ones who did most of the murdering. And I think that is exactly the view that the comic character takes. He is someone fighting against repression who is planning to blow up the House of Parliament, and he wears a mask of someone who was fighting against repression and who planned to blow up the House of Parliament.

    23. Re:backlash? by Jeremiah+Cornelius · · Score: 1

      Thanks. This is valuable commentary, and a view not featured in any US or UK outlets.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
  2. Oh no by Anonymous Coward · · Score: 1

    They forgot about Poland!

    1. Re:Oh no by tqk · · Score: 1

      They forgot about Poland!

      It wouldn't be the first time. Remember Yalta? Churchill, Roosevelt, and Stalin all conspired to forget the Poles helped the Allies a lot, and died a lot for their trouble. Katyn Woods massacre was a propaganda coup used by both the Nazis and Soviets in turn.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  3. BRAVO POLSKA! by n1ywb · · Score: 5, Insightful

    Let me be the first to say "BARDZO DOBRZA! ACTA JEST GUWNO!" ("Very well done! ACTA is shit!")

    --
    -73, de n1ywb
    www.n1ywb.com
    1. Re:BRAVO POLSKA! by Anonymous Coward · · Score: 1

      I think you wanted to say: "Bardzo dobrze! ACTA to gówno!"

    2. Re:BRAVO POLSKA! by Anonymous Coward · · Score: 0

      "ACTA jest gównem"
      "ACTA to [jest] gówno" (verb is optional)

      ó and u sound the same, but their linguistic origin is different and it has consequences in declension and conjugation

    3. Re:BRAVO POLSKA! by Anonymous Coward · · Score: 0

      You're welcome :)

      Polish Anon stays ready to fight, in case our sh*thead gov't tries to pull something again.

    4. Re:BRAVO POLSKA! by Anonymous Coward · · Score: 0

      Yep. It's at times like this that I'm a little bit more proud to be part Polish :)

    5. Re:BRAVO POLSKA! by Janek+Kozicki · · Score: 1

      Let me be the first to say "BARDZO DOBRZA! ACTA JEST GUWNO!" ("Very well done! ACTA is shit!")

      I think you wanted to say: "Bardzo dobrze! ACTA to gówno!"

      AC is right. It should be "Bardzo dobrze! ACTA to [jest] gówno!"

      - verb "jest"(PL)=="is" (EN) is not necessary.
      - ó and u are different letters.

      --
      #
      #\ @ ? Colonize Mars
      #
    6. Re:BRAVO POLSKA! by Grishnakh · · Score: 1

      Looks like the Polish government is a good one, for a change. Wish we could elect people like that here in the USA.

  4. Thank you by qmaqdk · · Score: 5, Insightful

    Thank you (again) Poland.

    --
    My UID is prime. Hah!
    1. Re:Thank you by TheBlackMan · · Score: 5, Informative

      I am Polish and actually, it is only our Prime Minister which is trying to manipulate the public into thinking that acta will not be ratified.

      Most of us is pretty sure that it is only a suspension, not complete stop. Polish government has a long history of lying and manipulating us, so they are waiting for the protests to chill out and will push ACTA at other time.

      We are now in the process of collecting signatures for a referendum, so we can kill ACTA once and for all. If that will not be enough, it may even be neccessary to remove the government.

    2. Re:Thank you by Anonymous Coward · · Score: 2, Interesting

      Maybe you can put them all in a plane going to Russia.

    3. Re:Thank you by TheBlackMan · · Score: 1, Funny

      Apparently, somebody already tried that once, but by mistake the plane was filled with wrong people.

      Perhaps somebody should try again, doing it properly this time ?

    4. Re:Thank you by Anonymous Coward · · Score: 0

      There were right people there, just not all of them.

    5. Re:Thank you by SharpFang · · Score: 2

      damn right.
      (pun unintended but accurate)

      Bastards had said about a year ago that nothing will be done towards ratifying ACTA until its impact on the Internet is analysed in full detail.
      Then they signed it without reading.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    6. Re:Thank you by davester666 · · Score: 2

      Just so you know, whether or not this goes ahead in Poland, there is no such thing as killing it once and for all. They are already working on ACTA II. Hell, if you happen to stop ACTA, they'll try to just rename it to something else and pass it that way.

      This is a problem endemic to the current copyright laws and the relationship between businesses, governments and individual citizens.

      On one side are businesses, generally well funded, that have a vested interest in expanding copyright law in all directions [limiting what rights individuals have right now while ever extending the length of copyright]. On the other side are individuals with much more limited funding and access, with varying levels of interest and knowledge of the subject, and can really only be mobilized in a group large enough to make a difference every once in a while.

      As a car analogy, it's like a car on a hill, with the MAFIAA/RIAA in it, and regular people outside pushing against the car so it can't go down the hill. If enough people get distracted from pushing up or they decide to hit the gas, the car goes a bit further down the hill.

      --
      Sleep your way to a whiter smile...date a dentist!
    7. Re:Thank you by Joce640k · · Score: 2

      Yeah, but the cat's out of the bag. Politicians have seen they can get positive vibes/votes by opposing it.

      --
      No sig today...
    8. Re:Thank you by davester666 · · Score: 1

      No, just that this time, enough people happened to get involved to get politicians to notice them. Unless it happens EVERY SINGLE TIME, laws for increasing copyright law will keep getting passed.

      And note, when was the last time laws were passed increasing the rights for the individual?

      --
      Sleep your way to a whiter smile...date a dentist!
    9. Re:Thank you by Kvasio · · Score: 1

      right in the 2010 there was a site called drugitupolew.pl (2nd Tupolev - as Polish goverment had two TUpolev airplanes) which was a voting for top 96 unpopular politicians and public figures.
      (now the site is down)

  5. If they wanan pass it (MPAA ??) by Anonymous Coward · · Score: 1

    They should bribe every country in the EU, not just the US.

  6. Heck yeah! by robinsonne · · Score: 5, Insightful

    My thanks go out to the Polish people that are making enough of a stink about this that their government had to (maybe) reconsider.

    1. Re:Heck yeah! by Anonymous Coward · · Score: 5, Informative

      Personally, I'd like to give a big 'fuck you' to President Obama for trying to bypass congressional approval on ACTA by classifying it not as a treaty, but as an "executive agreement".

      Although congress would probably pass it anyway, now that the Republicans realize that helping out Hollywood is acting against their best interest, there is at least a shot it would get shot down...

      So much for 'change', just glad I voted third party. I'd rather throw away my vote than support a clown from the Republicrats.

    2. Re:Heck yeah! by TheGratefulNet · · Score: 4, Funny

      My thanks go out to the Polish people that are making enough of a stink about this

      today, in their honor, I will refrain from making polish sausage jokes.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Heck yeah! by Anonymous Coward · · Score: 0

      I agree. It looks like the Polish aren't as stupid as some make them out to be.

    4. Re:Heck yeah! by Hatta · · Score: 4, Insightful

      Voting for either D or R is throwing your vote away. The only vote that counts is one for a third party.

      --
      Give me Classic Slashdot or give me death!
    5. Re:Heck yeah! by Anonymous Coward · · Score: 0

      Voting for either D or R—unless you're doing it with a gun—is throwing your vote away.

      TFTFY.

    6. Re:Heck yeah! by t4ng* · · Score: 2

      You might want to read this. A "sole-executive agreement" is a treaty and US Presidents are legally able to ratify them without approval of the Senate.

      I do not support Obama signing ACTA, just that it is perfectly legal for him to do so, and it is a binding treaty.

    7. Re:Heck yeah! by GLMDesigns · · Score: 1

      I think both left and right are united against this nonsense. This is something that unites both the Tea Party and OWS. I think that there are very few US politicians that can back this nonsense without getting major push-back.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    8. Re:Heck yeah! by Anthony+Mouse · · Score: 1

      Did you even read your link?

      In the United States, the term "treaty" is used in a more restricted legal sense than in international law. U.S. law distinguishes what it calls treaties from congressional-executive agreements and sole-executive agreements.[1] All three classes are considered treaties under international law; they are distinct only from the perspective of internal United States law.

      The fact that France would call it a treaty doesn't have a whole lot to do with whether it ought to be ratified by the Senate under the US Constitution.

    9. Re:Heck yeah! by ThatsNotPudding · · Score: 1

      Voting for either D or R is throwing your vote away. The only vote that counts is one for a third party.

      http://en.wikipedia.org/wiki/United_States_presidential_election_in_Florida,_2000

  7. The industry's next move by countertrolling · · Score: 5, Funny

    Kick Poland out of the EU

    --
    For justice, we must go to Don Corleone
    1. Re:The industry's next move by TheGratefulNet · · Score: 2

      industry response: poland is now going to be forced to move to dvd region #12.

      (claims its not from there, though)

      --

      --
      "It is now safe to switch off your computer."
    2. Re:The industry's next move by CanHasDIY · · Score: 1

      Nuke Poland from orbit

      FTFY

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    3. Re:The industry's next move by stanlyb · · Score: 1

      Kick EU out of Poland.

    4. Re:The industry's next move by Anonymous Coward · · Score: 0

      YES PLEASE!

      - a pole

    5. Re:The industry's next move by Anonymous Coward · · Score: 0

      "You cant fire me! I QUIT.

  8. I love you, Poland! by HBI · · Score: 4, Insightful

    There's an immense store of goodwill towards Poland in the US, despite the ludicrous actions of our corporations and government. When it counts, it will be repaid.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  9. I feel a subluxation coming on... by Anonymous Coward · · Score: 0

    better turn off my wifi

  10. Ah... by IronHalik · · Score: 1

    There are not many opportunities to by proud of my countrymen, but now, for once, we have shown true citizenship and democratic backbone.

    1. Re:Ah... by tqk · · Score: 1

      There are not many opportunities to by proud of my countrymen ...

      If you think that, you need to read more history. I hope my Canuck compatriots can display even half the backbone Poles have, over and over again, when ACTA/SOPA/PIPA/TPP arrive here.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
  11. Poland once again makes a stand against tyranny. by sehlat · · Score: 5, Interesting

    This day will hopefully be remembered just as September 17, 1939 is.

  12. Re:Poland once again makes a stand against tyranny by JustSomeProgrammer · · Score: 1

    Because the RIAA and MPAA will get into tanks and perform a Blietzkreig on Poland?

  13. Kosciuszko rides to the rescue again. by FoolishOwl · · Score: 1
  14. awesome by bash-rules_$ · · Score: 1

    Poland is better representing its citizens rights on this issue than is my own country (USA). After seeing PIPA/SOPA fallout, I can't believe anyone in the US region of politics would want to attach their name to this. How do how do treaties work anyway? I don't remember having a vote on this.

    1. Re:awesome by Anonymous Coward · · Score: 0

      Obama approved it all on his own. If you wanted to stop this happening, you would need to have voted against Obama (and for someone who wouldn't have signed it).

    2. Re:awesome by jamstar7 · · Score: 1

      McCain likely wouldn't have survived long in office. The guy's a geezer, and the additional stress likely would have killed him. Which would have left us with Palin. She'd have signed it in an instant.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    3. Re:awesome by TheGratefulNet · · Score: 3, Insightful

      ALL american politicians would sign this. come on, guys! stop acting like this is partisan.

      mpaa/riaa own all those in power. D/R does not really matter.

      they do own more of the D's but I hardly think the 'less government' R's would really step back from this; not one bit!

      if you want to hate obama, fine. but don't act like the other guys would have done us any better!

      --

      --
      "It is now safe to switch off your computer."
    4. Re:awesome by zill · · Score: 1

      Technically if there was super-majority opposition to this ""executive agreement" in the congress Obama could be impeached. Unfortunately this technicality can only occur in the fantasy world where elected representatives are not corporate sock puppets.

    5. Re:awesome by rahvin112 · · Score: 3, Insightful

      Who gave you the impression the R's are for less government? That's not even REMOTELY true. The Republicans are for less of certain kinds of government and absolutely for more of other kinds. The Dems are in the same position, wanting more of some kinds and less of others. The disagreement between the parties is which parts need less and which parts need more.

    6. Re:awesome by andymadigan · · Score: 1

      Impeachment requires a criminal offense. The constitution does not grant congress a general power to remove the president by a supermajority vote. If the claim is that classifying ACTA as an executive agreement is a criminal act, you'd first have to prove that it isn't an executive agreement. That would require a court ruling, not just a supermajority of congress.

      Of course, I suppose they could try something like what happened with Andrew Johnson, but given the public's opinion of congress right now that would almost certainly backfire.

      --
      The right to protest the State is more sacred than the State.
    7. Re:awesome by Grishnakh · · Score: 1

      I'll bet Kucinich wouldn't have signed this crap, if people had elected him instead of that liar Obama.

    8. Re:awesome by Grishnakh · · Score: 1

      I'm also quite sure Ron Paul would never have signed it.

  15. The U.S. hasn't ratified, either. by Jane+Q.+Public · · Score: 4, Informative

    ACTA, as it currently stands, in not binding on the U.S., because Congress has not ratified it.

    The Executive branch has no Constitutional authority to enforce it as any kind of treaty without ratification by Congress. I know some are "debating" this, but the debate is nothing but BS. The Constitution spells it out pretty clearly.

    1. Re:The U.S. hasn't ratified, either. by NoKaOi · · Score: 4, Insightful

      The Executive branch has no Constitutional authority to enforce it as any kind of treaty without ratification by Congress. I know some are "debating" this, but the debate is nothing but BS. The Constitution spells it out pretty clearly.

      Since when does it matter what's spelled out in the constitution? Seems it's been awhile, at least when it's inconvenient to the executive branch.

    2. Re:The U.S. hasn't ratified, either. by Jane+Q.+Public · · Score: 1

      "Since when does it matter what's spelled out in the constitution?"

      I agree that many in D.C. have ignored the Constitution. But it does matter. It matters a lot.

    3. Re:The U.S. hasn't ratified, either. by CanHasDIY · · Score: 2

      Since when does it matter what's spelled out in the constitution? Seems it's been awhile, at least when it's inconvenient to the executive branch.

      Since the American people became so complacent as to allow the federal government to over step it's bounds.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    4. Re:The U.S. hasn't ratified, either. by TheGratefulNet · · Score: 2

      ok, do a thought experiment.

      you do what you think is permitted by the constitution. then we have cops with guns and spray on the other side, 'interpreting' things their way.

      lets have you wave (waive?) the constitution in front of them as they are kicking down your door and assaulting you.

      yeah, paper really stops rocks. and bullets. and pepperspray.

      as always: might makes right. and you and I have no real might. not really.

      --

      --
      "It is now safe to switch off your computer."
    5. Re:The U.S. hasn't ratified, either. by Anonymous Coward · · Score: 3, Interesting

      Maybe if enough Americans got out in the streets to protest ACTA like the Poles did, Obama would unilaterally rescind the agreement.

    6. Re:The U.S. hasn't ratified, either. by TheGratefulNet · · Score: 1

      I agree that many in D.C. have ignored the Constitution. But it does matter. It matters a lot.

      only matters on the days your teacher has a written exam for you.

      all other days, knowing your rights or the laws means, essentially, nothing.

      --

      --
      "It is now safe to switch off your computer."
    7. Re:The U.S. hasn't ratified, either. by FoolishOwl · · Score: 1

      As SOPA/PIPA revealed, not all the power groups in the US are of one mind about this issue. And the system of "checks and balances" allows for an out in this sort of scenario, when some power groups are willing to fight it out.

    8. Re:The U.S. hasn't ratified, either. by stanlyb · · Score: 1

      You mean just like NDAA was not signed on too???

    9. Re:The U.S. hasn't ratified, either. by Anonymous Coward · · Score: 0

      The Constitution spells it out pretty clearly.

      Really?

      Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:
      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

      Inventors = Patent = 20 years

      Authors = the rest of their life + 70 years.

      Right. So works that are made in the year you were born enter the Public Domain when you are an old balding grumpy man, 5 years into retirement, with problems holding up your pee. Sure. It's limited. But is it what the Founding Fathers intended, such a huge difference in "limited Times" between Inventors and Authors?

    10. Re:The U.S. hasn't ratified, either. by Anonymous Coward · · Score: 0

      The Executive branch has no Constitutional authority to enforce it as any kind of treaty without ratification by Congress.

      If the Executive branch believes it has the authority to enforce it and the Legislative and Judicial branch don't disagree, it is effectively binding.

    11. Re:The U.S. hasn't ratified, either. by nine-times · · Score: 1

      Authors = the rest of their life + 70 years and counting.

      FTFY. If things keep going as they are, copyrights will never expire again.

    12. Re:The U.S. hasn't ratified, either. by countertrolling · · Score: 1

      ...all other days, knowing your rights or the laws means, essentially, nothing.

      I guess that depends on who you ask...

      --
      For justice, we must go to Don Corleone
    13. Re:The U.S. hasn't ratified, either. by DragonWriter · · Score: 2

      The Executive branch has no Constitutional authority to enforce it as any kind of treaty without ratification by Congress.

      Ratification of treaties is by the Senate alone, not "by the Congress." If an international agreement is implemented by Congress through the normal legislative process, it is a normal statute law (these are also referred to as "Congressional-executive agreements"); the power to enter into these agreements is limited by Congress' existing enumerated powers, since this is simply an exercise of those powers in concert with foreign nations.

      If an international agreement is implemented by the President alone, it is referred to as a "sole executive agreement", and it is constrained by the same bounds as the President's independent executive authority generally, as this is simple an exercise of that power in concert with foreign nations.

      Only by treaty ratified by a 2/3 vote in the Senate can an international agreement extend beyond the other enumerated powers of Congress and/or the Executive, since only by treaty is a separate, independent Constitutional power of government exercised.

      In international law as opposed to US Constitutional law, all three forms of agreements are "treaties".

      In the particular case of ACTA, as a sole executive agreement it only has effect to the extent that it is within powers which are either inherent in the executive or which the executive has been given by law; looking through the text of ACTA that would seem to make most of provisions dead letters in US law.

    14. Re:The U.S. hasn't ratified, either. by Jane+Q.+Public · · Score: 1

      Um... no. SOPA and PIPA were bills before Congress. ACTA was (supposed to be) a treaty.

      They are very different things.

      Granted, there may have been some of the same "power groups" behind them, but legally and politically they are completely different species.

    15. Re:The U.S. hasn't ratified, either. by Jane+Q.+Public · · Score: 1

      "as always: might makes right. and you and I have no real might. not really."

      How fatalistic can you get? Sheesh.

      Actually, as a citizen you have A LOT of "might". A lot more than the police, OR the Federal government, if you but stick together on an issue.

    16. Re:The U.S. hasn't ratified, either. by Jane+Q.+Public · · Score: 1

      "Ratification of treaties is by the Senate alone, not "by the Congress.""

      Yes, by the Senate. But the Senate is part of Congress. Therefore, since you feel like nitpicking, "not 'by the Congress'" is incorrect.

      "If an international agreement is implemented by Congress through the normal legislative process..."

      Correct, but completely irrelevant in this case.

      "If an international agreement is implemented by the President alone... it is constrained by the same bounds as the President's independent executive authority..."

      Exactly. And as a corollary: it is therefore not domestic law. That was my point.

      "Only by treaty ratified by a 2/3 vote in the Senate can an international agreement extend beyond the other enumerated powers of Congress and/or the Executive, since only by treaty is a separate, independent Constitutional power of government exercised."

      This is very much debatable, since the Constitution does not stipulate which shall have priority, nor has the question ever been unequivocally settled by the Supreme Court. It would be just as valid to claim that the Constitution constrains treaties. Either one is an assumption with very little foundation.

      "In international law as opposed to US Constitutional law, all three forms of agreements are "treaties"."

      Again, irrelevant in this case, since I was referring to its effect on U.S. law.

    17. Re:The U.S. hasn't ratified, either. by msobkow · · Score: 2

      Nor has Canada. Harper wired it in to his omnibus "tough on crime" legislation to try to ram it through with a bunch of other unsavoury clauses. He may have done so with his majority Parliament, but he doesn't Rule the Senate (yet!)

      The senate review on the acceptability and legality of the whole package of laws is now in doubt because the Senate is where Canada has it's "due process" to at least try to ratify and pre-evaluate new legislation in light of existing/case law and the Charter of Rights.

      With any luck, the whole of C-10 will be shot down by the Canadian Senate.

      In the meantime, Canadians: Write your Senators!

      --
      I do not fail; I succeed at finding out what does not work.
  16. Re:Poland once again makes a stand against tyranny by Anonymous Coward · · Score: 0

    No they will make a secret packet between Russia and Germany to divide and annex the country

  17. Re:Poland once again makes a stand against tyranny by Anonymous Coward · · Score: 0

    I don't know about the tanks, but the attack was secretly planned and swiftly executed, yes.

  18. One thing GWB was right on... by Anonymous Coward · · Score: 0

    ...do not forget about Poland.

  19. poland of all countries by nevbear666 · · Score: 1

    big cudoes to you, peoples, your acting in this case put you all alot closer to my heart.

  20. Re:Poland once again makes a stand against tyranny by jd2112 · · Score: 1

    Because the RIAA and MPAA will get into tanks and perform a Blietzkreig on Poland?

    MPAA's panzers are hollywood props. And this time the Polish Army won't be fighting on horseback like they did against the Nazis.
    Better watch out for the zombie lawyer attack though.

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  21. Never forget Poland! by Anonymous Coward · · Score: 0

    http://polandshirt2.ytmnd.com/

    Way to go, Poland. We won't be like John Kerry and forget you.

  22. Re:Poland once again makes a stand against tyranny by g0bshiTe · · Score: 2

    I guess that would be a "stateful packet".

    --
    I am Bennett Haselton! I am Bennett Haselton!
  23. Meant to Fail by Dripdry · · Score: 1

    Has anyone else considered that the politicos in the U.S. aren't as stupid as we're making them out to be?

    Perhaps they've pulled this ACTA thing together because they KNOW they it will never get fully ratified, and a bunch of this crazy copyright stuff is merely to get the RIAA/MPAA off their back? "Sorry! We did our best, looks like you'll have to compete in the open market..." Then they've fulfilled their duties to the companies they know are dying, and actually positioned themselves to buddy up to the online communities by saying "Hey! ACTA wasn't passed... you didn't REALLY think we meant it when this thing went through, did you? We've know for years that those dumb assholes at the recording industry are dead in the water... we just needed to get them off our backs to concentrate on you guys!"

    I mean, it's a bit far-fetched,but I just can't shake the feeling that these people are not THIS stupid, because individually many aren't.

    --
    -
    1. Re:Meant to Fail by jesseck · · Score: 2

      No, I don't think it's a big sham by politicians. For many of them, their campaigns (and wealth) relies on RIAA/MPAA and other SOPA/PIPA/ACTA supporters contributions. If it was a ploy to take Hollywood money, I think Hollywood would have figured it out before now. We're at a tipping point in World / US history- change is coming (and not the false Change of Obama). What we are observing is people, and politicians as the people's proxy, saying enough is enough.

    2. Re:Meant to Fail by stanlyb · · Score: 1

      It has almost worked. But they did not predict the outcry in EU. They thought they have bought them, and if this ACTA was signed some 3 months ago for example, they could actually have succeed. Not anymore. We, the people, we had it enough. Our patient is over. Remember, remember......

    3. Re:Meant to Fail by Anonymous Coward · · Score: 0

      You know you're talking about Americans, right?

  24. Estonia hasn't signed yet too... by Pecisk · · Score: 5, Informative

    ...and reason was also that agreement is too complex to be signed away so easily, so they have to discuss it first too. I highly doubt that they will hear nothing what happen in Poland and other countries with public opinion. This is country where government actually listens to people, using Internet extensively to collect comments about proposed laws.This is also a land where they elect their government using Internet and Skype was also started there.

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  25. SUSPENDED not CANCELLED! by Anonymous Coward · · Score: 1

    According to reports, Tusk said on Friday that his government had made insufficient consultations before signing the agreement in late January, and it was necessary to ensure it was entirely safe for Polish citizens.

    All they have to do is do some consultations (like on C-32 in Canada, now known as C-11) and totally ignore them (like C-11 in Canada) and then pass it anyway (with some bogus excuse).

    Make sure when you get to get out on February 11. Let this strengthen your resolve. Massive outcries DO work. In order to make suspension into cancellation, this issue needs to stay 'alive'.

  26. Re:Poland once again makes a stand against tyranny by Anonymous Coward · · Score: 0

    The biggest weapon we have is to kick american culture from europe.
    Lets legislate a "preserve european culture" act and be done with it.
    Allow 1 american film per year, and not more than 3 hours of american music on broadcast radio.
    Fuck you MPAA and RIAA.

  27. How can I thank my representative? by F69631 · · Score: 1

    I'd like to thank my representatives. The problem is, I don't live in Poland or know any Polish... Can someone from there tell me who/where/how to send my thanks and perhaps who to donate a bit of money for next elections? (I feel somewhat betrayed by the far-left candidate I voted for, who actually became a minister of culture and one of the first things he did was to act like a good puppet of our RIAA-equivalent. He was the one guy I had hoped to protect my interests against those of multinational capitalistic corporations...)

    Poland should have something like sixth-most weight to throw around in the EU but for some reason, they tend to act like one of the smaller countries. It's good that a lot of decisions are still made through consensus like this. And I feel a bit of pride that our own parliament likes it just the way it is.

    1. Re:How can I thank my representative? by SharpFang · · Score: 4, Insightful

      Funny thing, there is not one party in Poland that can be trusted currently. Even these with the masks were just trying to cash in on the popularity, but they "woke up" only after massive protests started...

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      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  28. This is far from victory by poszi · · Score: 3

    Currently there is an enormous backlash against ACTA in Poland. If the ratification voting were held today, it would likely be rejected. But suspending means trying to push it later (or via EU channels) when it becomes forgotten. Now is the time for other EU citizens to stand up when it is still hot. Sadly, corporate lobbying is so strong nowadays that fighting it requires almost constant effort.

    --

    Save the bandwidth. Don't use sigs!

  29. I take back every polish joke I ever made by davydagger · · Score: 1
    I herby take back every polish joke I've ever made.

    hats off to poland! you guys rock.

    1. Re:I take back every polish joke I ever made by Anonymous Coward · · Score: 0

      Don't take them back some of us enjoy them.

        Some of the other comments said some things i too agree with.
      This is a smoke screen.. trying to avoid backlash... when things quiet down they'll try to pass it again.
      the only thing that PM said is that ACTA ratification may have not been presented well enough to the polish people.
      not that it might be bad.. or he sees some of the points as a lot of us do. Just that it wasn't put forward to the public.
      So I wouldn't have much hope that we will block ACTA but i sure will freeze my ass off in any protest i get a chance to participate in.

  30. Well done Poland!!!! by bazmail · · Score: 3, Insightful

    From Soviet puppet state to sole voice of freedom and reason in Europe in the space of 20 years. Wow.

    1. Re:Well done Poland!!!! by shutdown+-p+now · · Score: 5, Insightful

      Why is that surprising? They understand much better than many Western European states (or U.S. for that matter) why freedom matters, from recent and very personal experience.

    2. Re:Well done Poland!!!! by unity100 · · Score: 1

      you will find that most of those ex-soviet puppets are in the same grade as poland in regard to freedom and reason. this is due to their socialist heritage. equality, liberty, fraternity.

    3. Re:Well done Poland!!!! by kamYlk0 · · Score: 1

      From Soviet puppet state to sole voice of freedom and reason in Europe in the space of 20 years. Wow.

      Well this (the "sole voice of freedom") is little overdramatized. There are actually several EU states which have not even signed ACTA (unlike Poland) and some of them have big protests against ACTA, like for example Slovakia where ~15-20K of people went yesterday on protest against government corruption and ACTA despite the cold weather (-20 deg. C). In the current political situation don't think anyone here will be eager to sign ACTA anytime soon.

  31. ACTA negotiators' biggest mistake by jez9999 · · Score: 1

    Hey, lawyers: You Forgot Poland!

  32. Re:Poland once again makes a stand against tyranny by ZeroSumHappiness · · Score: 2

    Can the US get that law, too?

  33. "I am a Pole" by chrb · · Score: 5, Interesting
    Reminds me of the WWII story of Piorun versus the Bismarck:

    Plawski knew what he had to do – without the other destroyers Piorun couldn’t hope to face the Bismarck alone. Now that suprise was lost the Battleship was fast enough to keep Piorun out of torpedo range, the Piorun couldn’t stay in contact with her now. She should radio in Bismarck’s latest position and then, for want of another phrase, get the fuck out of Dodge.

    They’d all just have to hope that another ship was close enough to make contact with her again before she managed to slip away again – although given the weather and the darkness Plawski realised that was increasingly unlikely.

    It was frustrating and may ultimately mean the British missed their opportunity to intercept, but sadly, that was the only sensible option. Anything else was suicide.

    Plawski though for a split second then sighed, smiled and gave his orders to his crew:

    “Full speed ahead. All hands to battlestations. We attack.”

    1. Re:"I am a Pole" by sehlat · · Score: 1

      “Full speed ahead. All hands to battlestations. We attack.”

      To paraphrase Robert Heinlein, Tradition is doing things in the same grand style as your ancestors.

      I'm glad Poland has not forgotten their traditions.

  34. We did it. by Anonymous Coward · · Score: 0

    This is Poland! We are taking over this thread! :P

  35. Re:Poland once again makes a stand against tyranny by Anonymous Coward · · Score: 1

    Poland once again makes a stand against tyranny.

    Yes. They do that a lot.

  36. Thank you, Poland! by Anonymous Coward · · Score: 0

    Thank you, Polish protesters on the streets and in the parliament, that is. No thanks to Donald Tusk, he's still a prick. But right now he's a prick who is afraid he might lose some voters.

    I feel bad for putting down Stanisaw Lem's "Fiasco" halfway through now. I think I'm going to finish it.

    1. Re:Thank you, Poland! by arcctgx · · Score: 2

      And after you finish "Fiasco" give "The Invincible" a try. It's Lem's best vision of extraterrestial contact. IMHO of course.

  37. Apart from helping out with the BoB and Enigma... by reluctantjoiner · · Score: 1

    Yeah, not a whole lot to be proud of. I see what you mean. /s

  38. The Treaty Power by DragonWriter · · Score: 1

    Only by treaty ratified by [...] the Senate can an international agreement extend beyond the other enumerated powers of Congress and/or the Executive, since only by treaty is a separate, independent Constitutional power of government exercised.

    This is very much debatable, since the Constitution does not stipulate which shall have priority, nor has the question ever been unequivocally settled by the Supreme Court. It would be just as valid to claim that the Constitution constrains treaties. Either one is an assumption with very little foundation.

    Priority is irrelevant (priority would only become an issue of a purported treaty violated a negative restriction in the Constitution, not if it merely extends beyond the other enumerated powers of the federal government in the Constitution.) And the issue was settled by the Supreme Court in Missouri v. Holland 252 U.S. 416 (1920).

    The holding in Missori v. Holland states outright that the treaty power is itself a separate, positive grant of power in addition to the other positive grants in the Constitution, and that therefore legal rules which States might have grounds to challenge as intruding on the general reservation of non-enumerated powers to the States in the 10th Amendment had they been regular acts of Congress standing alone were exercises of an enumerated power (the treaty power itself) when done through ratified treaty, or when done by statute to support such a treaty.

    That decision also, however, suggests that negative prohibition on government action within the Constitution are limits on the treaty-making power, a point made more directly in Reid v. Covert 354 U.S. 1 (1957), among other cases.

    So, contrary to your argument that both the statement that the treaty power extends beyond the other enumerated powers of Congress and the statement that the Constitution constrains treaties are assumptions with little foundation, both -- with the proviso that the constraint placed on the treaty power by the Constitution does not constrain it only to the space defined by other positive grants of power -- are extremely well-established principles of law has ruled unequivocally.

    1. Re:The Treaty Power by Jane+Q.+Public · · Score: 1

      "Priority is irrelevant (priority would only become an issue of a purported treaty violated a negative restriction in the Constitution, not if it merely extends beyond the other enumerated powers of the federal government in the Constitution.)"

      You must be an attorney. You sure as Hell aren't a Constitutional scholar. Which stands to reason, since today they seem to be almost mutually exclusive categories.

      First, priority is very much relevant (not to ACTA, but to the comments you made earlier), because your comments presupposed that treaties had priority over the Constitution. (NOT as in Missouri v. Holland, which dealt specifically with a 10th Amendment issue.)

      On the other hand, a Constitutional scholar will point you to any number of historical documents, including Federalist Papers, Anti-Federalist Papers, minutes of the State legislatures prior to ratification of the Constitution, and minutes of the State Legislatures AFTER ratification (notable are the Kentucky and Virginia Resolutions of 1798 and subsequent documents, again particularly Madison's Report of 1800) that demonstrate beyond doubt that SCOTUS was never intended to have the authority to make such a decision as Missouri v. Holland in the first place.

      I am well aware that if you are not a scholar of America's political and legal history, you may have been unaware of that, but it is fact nevertheless. In Jefferson's words, the Federal government (which includes the Supreme Court) was never given authority to be "the final arbiter of the powers delegated to itself", and in Madison's words, making use of perfect logic:

      "On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve."

      Your argument that law "has ruled unequivocally" rests on the (unfounded) assumption that the Supreme Court is in fact the final arbiter of States' rights. But that was never intended to be so, and both history and current events demonstrate that it is not, as a practical matter, so.

    2. Re:The Treaty Power by DragonWriter · · Score: 1

      You must be an attorney. You sure as Hell aren't a Constitutional scholar.

      Closer to the second then the first.

      First, priority is very much relevant (not to ACTA, but to the comments you made earlier), because your comments presupposed that treaties had priority over the Constitution. (NOT as in Missouri v. Holland, which dealt specifically with a 10th Amendment issue.)

      No, they didn't. You need to learn to read. The comment I made was that the treaty power, as an enumerated power, isn't restricted to actions which are authorized by other enumerated powers. I didn't say (or make a comment that "presupposed") that treaties had priority over the Constitution. That was your radical misreading, and where your response split off into irrelevancy.

      On the other hand, a Constitutional scholar will point you to any number of historical documents, including Federalist Papers, Anti-Federalist Papers, minutes of the State legislatures prior to ratification of the Constitution, and minutes of the State Legislatures AFTER ratification (notable are the Kentucky and Virginia Resolutions of 1798 and subsequent documents, again particularly Madison's Report of 1800) that demonstrate beyond doubt that SCOTUS was never intended to have the authority to make such a decision as Missouri v. Holland in the first place.

      I'm willing to hear your argument with specific references on that point, but I am rather unconvinced by your vague handwaving.

      . In Jefferson's words, the Federal government (which includes the Supreme Court) was never given authority to be "the final arbiter of the powers delegated to itself"

      The operative word whose import you seem to miss is final. The Supreme Court is unquestionably empowered to be an arbiter of any dispute over the extent of federal powers under the Constitution, but the final decision ultimately rests with the people as a whole.

      Your argument that law "has ruled unequivocally" rests on the (unfounded) assumption that the Supreme Court is in fact the final arbiter of States' rights.

      No, it doesn't; my statement (in response to the false claim that the Supreme Court had not ruled unequivocally on the issue) simply describes the content of the Supreme Court's rulings on the question, which is orthogonal to whether or not they are the "final arbiter" of the question. You seem to be simply making up points to argue against at this point.

  39. Re: why Guy Fawkes? by M.+Baranczak · · Score: 1

    And his main beef, the reason for trying to blow up the Parliament, was the fact that England wasn't ruled by Catholics. Yeah, he's come a long way in 400 years.

  40. Six country for it to apply anywhere in the world? by manu0601 · · Score: 2

    Why is it said here that ACTA needs to be signed by 6 countries to apply worldwide? Sovereign nations are usualy not bound by international treaties they have not signed. There are a few exceptions but it would be surprising that they include ACTA.

  41. Re:Poland once again makes a stand against tyranny by Grishnakh · · Score: 1

    To be fair, there's a lot of great American music (I'm American, BTW). However, almost none of it has been made in the last 15-20 years. You should make that law so it doesn't allow any American music from post-1995 on the radio at all.

    Jazz music is very popular in Europe from what I read, especially France. It's American in origin, but not exactly new (one source says it became popular there in the 1920s).

    It's mainly in the past couple decades that American culture has gone down the tubes.

  42. wow ! by unity100 · · Score: 1

    thats fantastic.

  43. Don't be that enthusiastic. by Anonymous Coward · · Score: 0

    First, it's just a PR move of the prime minister. After shitstorm ensued on the streets he had to resort to something like that. He is a notorious liar, and will probably try to sneak it again later this year.

    Second. Poland is bound by decisions of European Parliament. If ACTA passes in EU parliament it will be effective in Poland as well. At least in parts that don't define the criminal sanctions. We signed the EU treaty that is above our constitution and, by proxy, any law passed by EU becomes Polish law (again, with the exception of criminal sanctions, that's the business of each EU member).

    So, if ACTA passes in EU parliament we are screwed anyway.

    1. Re:Don't be that enthusiastic. by Joce640k · · Score: 1

      A politician listening to the people is now "a PR move"...?

      Let's hope some other politicians are paying attention.

      --
      No sig today...
  44. Viva la Poland! by bryan1945 · · Score: 1

    Hey, I'm Polish, but I'm bad with languages. (Plus the Golden Child was one of Murphy's best movies)

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  45. Re:Poland once again makes a stand against tyranny by Anonymous Coward · · Score: 0

    I wouldn't put it above them.

  46. Re:Six country for it to apply anywhere in the wor by Anonymous Coward · · Score: 0

    Most likely it won't apply anywhere without six signatories, and then it will apply only on those who have ratified it.