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EU Commissioner Reveals He Will Ignore Any Rejection of ACTA

Dupple tips a story at Techdirt about comments from EU commissioner Karel De Gucht, who made some discouraging remarks to the EU International Trade committee about the opposition to ACTA: "If you decide for a negative vote before the European Court rules, let me tell you that the Commission will nonetheless continue to pursue the current procedure before the Court, as we are entitled to do. A negative vote will not stop the proceedings before the Court of Justice. ... If the Court questions the conformity of the agreement with the Treaties we will assess at that stage how this can be addressed." De Gucht also spoke about proposing clarifications to ACTA if Parliament declined to ratify it, which, as Techdirt points out, doesn't make much sense: "Remember that ACTA is now signed, and cannot be altered; so De Gucht is instead trying to fob off European politicians with this vague idea of 'clarifications' — as if more vagueness could somehow rectify the underlying problems of an already dangerously-vague treaty."

35 of 253 comments (clear)

  1. As an American... by Das+Auge · · Score: 5, Insightful

    As an American: at least he's honest about it. My politicians just issue bald-faced lies.

    1. Re:As an American... by idontgno · · Score: 4, Insightful

      As practiced by the Legislative Branch of the U.S., incompetence is so intentional and willful that it rises past the level of mere picayune lying and to the heights of wholesale reality-denial. A malignant and cynical form of wishful thinking, if you will.

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    2. Re:As an American... by Luckyo · · Score: 5, Insightful

      No worries, these people will be labeled something among the lines of "terrorists, pedophiles, liberals, wing nuts" or whatever other term will be deemed valid and hostile enough by spin doctors writing speeches for modern leaders.

      Then most of the sheep will happily nuke the "enemies of the state" into the oblivion.

    3. Re:As an American... by Velex · · Score: 5, Insightful

      What's that got to do with it? Why would gun owners invoke the 2nd Amendment to defend a bunch of long-haired hippies who want to steal American Property?

      Especially after acquiescing to the Patriot Act and airport scanners that administer a dangerous dosage of radiation as a routine measure?

      No, my friend, I'm afraid that I've yet to see the 2nd Amendment get invoked for any other reason than to kill brown people and fags except maybe the Civil War. And after the New Deal, the reasons for the secession of the Confederate States look like gripes that could be solved over an afternoon tea.

      Your internet tough guy argument fails. Even after all the shortwave saber rattling I used to believe in and follow when I was growing up, the American people remain hopelessly cowed.

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    4. Re:As an American... by girlintraining · · Score: 5, Insightful

      As an American: at least he's honest about it. My politicians just issue bald-faced lies.

      He's not being honest because it's virtuous; He's being honest because there's no consequences for him doing it. Our politicians lie their asses off when it suits them just like yours. He just knows there's no fight left in the general population. Don't go getting funny ideas about how our politicians are somehow special... they were bought and paid for same as yours, and probably by the same people.

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    5. Re:As an American... by Joce640k · · Score: 4, Informative

      In Switzerland they force you to own an assault rifle. By law.

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      No sig today...
    6. Re:As an American... by MrHanky · · Score: 5, Insightful

      Most politicians lie and break many of the promises they make. Few of them get killed. An armed populace isn't a significant deterrent, although chest-thumping morons will claim otherwise.

    7. Re:As an American... by Elldallan · · Score: 5, Informative

      On the other hand the European Commission has no legislative power, it only has legislative initiative and as such can only suggest laws.
      Only the European Parliament which is democratically elected can actually enact laws.
      ACTA is currently making it's way through the various committees which act in an advisory manner to the Parliament, said committees have no power and the Commission is merely saying that it will not withdraw ACTA before it has made it's way through the various committees and the European Court of Justice and will eventually be voted upon by the Parliament but if the result in Parliament is a negative vote that effectively kills ACTA within the EU unless the Commission renegotiates ACTA and sends it on another round through the system.

    8. Re:As an American... by ATMAvatar · · Score: 5, Funny

      Pretty much, no. The information can't be faked. The launch officer is the last guy in the chain that knows his bird's target.

      I would have thought the target would be the last guy in the chain to know the target.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    9. Re:As an American... by qeveren · · Score: 5, Insightful

      Soldiers are trained to obey orders. I wouldn't bet your life on "US soldiers won't fire upon US civilians", since they've happily done so before.

      --
      Don't just stand there, get that other dog!
    10. Re:As an American... by rtb61 · · Score: 4, Insightful

      What is happening is a government agency is wasting taxpayer dollars attempting to force through something everyone already democratically opposes to suit one small corrupting segment of the market. What should happen is the idiot should be fired, as they do not have the right to waste taxpayer dollars on things only on small part of the market is interested in when major parts of the market have already expressed their opposition and that opposition has extended out to democracies within EU. You basically have one paid off asshat who has publicly stated that they will exploit a loophole to waste millions of taxpayer dollars in attempting to force through the interests of minor corrupt part of the market. So how much money will be wasted in all of this, somewhere between one million and ten million dollars, just burned away by one paid off dick head on a power trip, this person desperately needs to be fired.

      --
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    11. Re:As an American... by Kokuyo · · Score: 4, Insightful

      I concur. I think it was at the beginning of the last century that people in Switzerland were protesting against the government. This is a direct democracy, please remember this when I tell you that the MILITIA was ordered to open fire... and they did.

      So a government directly appointed by the people used a militia formed of the people to kill the people. Never underestimate how much of a mindless weapon a soldier can be become, even with relatively little training.

  2. And there's the out... by Anonymous Coward · · Score: 5, Insightful

    EU nations to citizens: "We voted against it, what more coupld we do?"
    EU nations to RIAA: "Ok, it's passed, pay up."

    1. Re:And there's the out... by Jeng · · Score: 4, Insightful

      Easier to buy a judge than an entire branch of government.

      --
      Don't know something? Look it up. Still don't know? Then ask.
  3. It will pass in some form by kwark · · Score: 5, Insightful

    ACTA will be ratified in some form because it will be resubmitted again and again till the lobbyiest succeed. This happened before with the EU constitution, it will happen with ACTA and it will happen in the future for many more treaties/laws.

    1. Re:It will pass in some form by UltimaBuddy · · Score: 5, Interesting

      If its passing is inevitable, I want it as hobbled and useless as possible.

    2. Re:It will pass in some form by mhajicek · · Score: 5, Insightful

      Then the courts will have no choice but to ignore it completely.

      No, it will just be enforced selectively ("with discretion") as most current laws are.

    3. Re:It will pass in some form by SecurityTheatre · · Score: 5, Insightful

      The other option is to have it so overreaching that it becomes impossible to do anything without infringing.

      Then the courts will have no choice but to ignore it completely.

      The problem with laws like this isn't that they get ignored, but that they get selectively used.

      There are other similar laws and the result is that anyone (police, lawyer, judge, politician, busybody neighbour) gets to decide whether or not you are guilty.

      I mean, since you are always guilty, it's just a matter of turning you in for prosecution. It's great for police who want to harass you, or a landlord or tenant who wants to screw you for asserting your rights, or a business competitor who would like you out of the way.

      It basically brings a country slowly into a police state. I do not favour it in the way you seem to...

  4. ruling class gonna rule by TheGratefulNet · · Score: 5, Insightful

    is anyone surprised?

    the amount of power held by those that ACTA favors outweighs the amount of power held by those against.

    rulers gonna rule. who'd have thunk it?

    (I'm not in favor of ACTA, not even close; but I don't really hold up much hope when this much greed is involved, mixed with this much 'can-do' power to pull it off.)

    this is a people problem. a scalability one. do our governments 'work' for us anymore? in the modern times, with mass communication now possible, are any of our systems really working? it does not seem so!

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    1. Re:ruling class gonna rule by Jeng · · Score: 4, Insightful

      this is a people problem. a scalability one. do our governments 'work' for us anymore? in the modern times, with mass communication now possible, are any of our systems really working? it does not seem so!

      Has it ever worked for us?

      Do we just notice it more now since we find about these things before they happen?

      --
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    2. Re:ruling class gonna rule by cpu6502 · · Score: 5, Informative

      No not really. When the ink was barely-dry on the Bill of Rights, our Congress and 2nd president signed a law that made free speech and press illegal (guess they thought the first amendment & their oath meant nothing). In response our 3rd president, who repealed the law, said liberty requires constant vigilance by the electorate else it will be lost.

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    3. Re:ruling class gonna rule by lennier · · Score: 4, Funny

      There are other very powerful interests who want to keep the Internet open and operational.

      Thank goodness the spambots have achieved both sentience and political consciousness!

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    4. Re:ruling class gonna rule by preaction · · Score: 4, Interesting

      Just read this excellent article on that: http://www.crf-usa.org/america-responds-to-terrorism/the-alien-and-sedition-acts.html

      The more things change, the more they stay the same, eh?

  5. A country that is not a country. by metrix007 · · Score: 5, Insightful

    This is the type of thing when you have something resembling a country, but that is not in essence a country, which has non of the protections or checks and balances that a state should actually have.

    Democracy at the EU level, kind of a joke.

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    1. Re:A country that is not a country. by I+cant+believe+its+n · · Score: 4, Informative

      The vice president of the European commission Margot Wallström: http://www.youtube.com/watch?v=Cvcdsj3ZWkg&feature=player_embedded

      --
      She made the willows dance
    2. Re:A country that is not a country. by sociocapitalist · · Score: 5, Interesting

      This is the type of thing when you have something resembling a country, but that is not in essence a country, which has non of the protections or checks and balances that a state should actually have.

      Democracy at the EU level, kind of a joke.

      You say this, and yet democracy seems to be working better in Europe than in what is supposed to be a democratic America. In both cases you have a collection of States that make up a super-state. In the US, the States retain many powers that the Federal government is not allowed to fuck with. The same is true for the EU.

      The EU has a multiplicity of political parties in each country, all of which are democratically elected, with the European Parliament being directly elected and with a rotating presidency of the EU itself that shifts to a different country every six months power is never focused too long in one place.

      The countries in the EU provide checks and balances to each other, quite without meaning to. Because of the different interests that each country has, it's difficult for any given policy to be pushed through even by the strongest country or even set of countries in the Union.

      So how, exactly, is democracy at the EU level a joke?

      --
      blindly antisocialist = antisocial
  6. Do we miss stories where they fight for people?! by garcia · · Score: 4, Interesting

    I realize this is Slashdot and eye-catching headlines tailored towards inciting the rabbleâ"rousers are the norm (yes, my UID is low) but are we somehow missing the headlines where political leadership (from any country) actually stand up for the rights of their citizenry instead of the business?

    I rarely see politicians, on any side of the coin, standing up for the rights of the electorate and instead only see that they support business interests. These people must get elected somehow, and yes I realize there are possibilities that the electorate has no true influence here but it's improbable at least for now, so why the hell do we continue to put up with them doing this?

    I've been disgusted for years by their actions but do they ever really stand up for The People and say, "no matter what we're going to do X even if you say no"?

  7. Keep trying til you get the vote desired by cpu6502 · · Score: 5, Informative

    That appears to be how the European Union operates. The Constitution was rejected, so they turned it into the Lisbon Treaty. The Irish rejected the treaty so they held a second vote 6 months later, so they could get the "yes" vote desired. In Denmark they canceled the election and just acceded to the treaty automagically.

    NOW it appears they'll use the same approach with ACTA: It matters not how the EU Parliament votes, we'll just rewrite it and submit it a second time or third time until we get a "yes". Of course the U.S. ain't much better: TARP failed the first time so they rewrote it and tried a second time. When the Supreme Court rejects a law as unconstitutional, the Congress simply passes the law a second time (minus the objectionable bits).

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  8. Re:You mean he actually bought the European Court? by 0123456 · · Score: 5, Insightful

    Democracy has never counted in the EU because the majority of the people of Europe have never wanted a bloated, centralised state where bureaucrats in Brussels tell them what to do.

    When EU citizens vote wrong, they're forced to vote again and again until they give the right answer.

  9. the fundamental fault with the EU... by Anonymous Coward · · Score: 4, Informative

    ...is that only the Commission may propose law to the Council.

    The Council must vote - usually by qualified majority - for almost(*) all laws to pass. And the ordinary legislative process means that, since Lisbon, Parliament gets to veto most proposals.

    But once the law has been adopted, there is no way for Parliament to even propose, let alone pass, further legislation to amend or repeal the law. By contrast, the UK has one overriding law - the Westminster Parliament cannot bind itself. But the European Parliament /always/ binds itself.

    The only potential salvation is that the Court of Justice may declare a law to be invalid - for example, because the EU exceeds its jurisdiction under the Treaties. But not simply because the people don't like the law. Even then, getting rid of CJEU judges is nigh on impossible, so a corrupt gaggle stay around until one by one it's time for them to be replaced (by agreement of the governments of member states).

    (*) Creation of competition law is delegated to the Commission.

  10. Re:Do we miss stories where they fight for people? by lennier · · Score: 5, Insightful

    do they ever really stand up for The People and say, "no matter what we're going to do X even if you say no"?

    Sometimes a popularly elected government comes into power and both promises and honestly intends to act against business interests, sure.

    That's called a "rogue state" and we have CIA drone strikes to deal with them.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  11. Re:Typical europe by ColdWetDog · · Score: 4, Funny

    Typical Europe.

    Bar Nigel Farage, who is the Chuck Norris of politics, it's like watching monkeys at typewriters.

    A model parliament should be like in Star Trek dammit!

    Which episode? The one with Tribbles?

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    Faster! Faster! Faster would be better!
  12. Fear by DaFallus · · Score: 4, Interesting

    Its been said that governments should fear their people, and not the other way around. What do our governments have to fear from us nowadays? Some people might put up a fight, but the overwhelming majority just sit back and go along for the ride.

    I hate to say it since we're supposedly living in more civilized times, but maybe if more politicians who obviously have no interest in actually representing the people (not corporations) they "represent" were brutally assassinated, the rest would get the message. I may be wrong, but it seemed to work for some in the past...

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  13. Re:Do we miss stories where they fight for people? by __aaeihw9960 · · Score: 4, Insightful

    How do they keep getting elected? What other choice do we have? When all sides of the issue are bought and paid for by the same people, what, seriously, what choices do we have? It's not that they don't represent us, it's that they represent where the money is coming from.

    Think about it - to a politician, $1 = 1 voice. So, I have around 10,000 in savings. If I give all of that, my voice becomes stronger than my neighbor's, regardless of where I stand. I can influence media, I can influence protests, I can send letters. My neighbor can't do any of that, because he's just trying to make it to supper tonight.

    From their point of view, the politicians are representing The People. It's just that the money involved is so freaking skewed that The People are no longer represented fairly in these initial steps. I honestly wouldn't be surprised if (in the US at least) our representatives are truly at a loss as to why their approval rating is so low. I hope I did a good job of explaining my views on that. It's hard to get into words sometimes.

    I know that none of that may transfer into this instance in the EU, but I believe that the same rules apply there. Money = power, power = money. The commissioner probably sees the interests groups with the most money, and probably believes that they represent the general public's views.

    Or he's just a dick. One or the other.

  14. Here's the guy's contact info by alexandre_ganso · · Score: 4, Informative

    Please, let him know that what he is doing is wrong and that the european people do not want this. Here is his contact information: http://ec.europa.eu/commission_2010-2014/degucht/contact/

    Karel De Gucht
    Member of the European Commission
    BE-1049 Brussels
    Belgium

    By mail: Karel.DE-GUCHT@ec.europa.eu
    By fax: (+32-02) 29 80899