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ACTA Rejected By European Parliament

Grumbleduke writes "Today the European Parliament voted overwhelmingly to reject the controversial Anti-Counterfeiting Trade Agreement. Despite attempts by the EPP Group to delay the vote until after the Courts have ruled on its legality, the Parliament voted against the Treaty by 478 to 39; apparently the biggest ever defeat the Commission has suffered. However, despite this apparent victory for the Internet, transparency and democracy, the Commission indicated that it will press ahead with the court reference, and if the Court doesn't reject ACTA as well, will consider bringing it back before the Parliament."

45 of 142 comments (clear)

  1. Thanks to the FFII, EDRI, la Quadrature by Anonymous Coward · · Score: 2

    Congratulations to the FFII, EDRI and quadrature. You guys did awsome work.

    1. Re:Thanks to the FFII, EDRI, la Quadrature by Seeteufel · · Score: 2, Insightful

      And the mass popular movement, they cannot stand how the EU Commission treats citizens and members of parliament anymore. Europe is once again reborn as a democracy, of the people, for the people.

    2. Re:Thanks to the FFII, EDRI, la Quadrature by rbrausse · · Score: 2

      and I'm kind of proud to be an European. This was the first time were I recognized some "we, the people" feeling - the EU is mostly a bureaucratic umbrella and we have many democratic deficits.

      But take a look at this, protests all over the continent, finally some pan-European atmosphere.

      Neither top-to-bottom nor some organized spectacle (e.g. Euro2012 [football championship]) - great!

    3. Re:Thanks to the FFII, EDRI, la Quadrature by Seeteufel · · Score: 2

      I don't think so. The ACTA process is terminated now. IPRED+ will be delayed because of the outcome of the vote, and it is EU legislative, not an international monster. It is much easier for civil society to deal with IPRED+ than ACTA because here Parliament sits in the driving seat.

    4. Re:Thanks to the FFII, EDRI, la Quadrature by Dragonslicer · · Score: 5, Funny

      Europe is once again reborn as a democracy, of the people, for the people.

      That's our line, you damned socialist hippies.

      Signed,
      'Merika, Fuck Yeah!

    5. Re:Thanks to the FFII, EDRI, la Quadrature by CrackedButter · · Score: 2

      Yeah well done Britain. God my country sucks.

      You know I went to Germany last year (I wasn't in the capital either, I was in Bremen, a small city in the North), I saw people wearing those Guy Fawkes masks meeting up in public peacefully protesting. They actually care. I've never seen it here, we simply worship consumerism.

      Even Bulgaria got in on the action, we are at the bottom of the scale for engaging in political issues as important as this.

  2. nice by polar+red · · Score: 2

    unexpectedly, democracy works ! EP win against EC !

    --
    Yes, I'm left. You have a problem with that?
    1. Re:nice by Anonymous Coward · · Score: 5, Informative

      The European Parliament has to give its consent. The vote was that it denied its consent.

      The EC also invoked the European Court of Justice. The ECJ will simply say, we cannot rule on ACTA anymore because the process is terminated.

      FFII for analysis.

    2. Re:nice by Elldallan · · Score: 3, Interesting

      The Court does have a limited say because it is supposed to investigate if ACTA is compatible with the framework treaties of the European Union, if they are Parliament can vote on it and either pass or reject ACTA which has already happened. However if the court finds that ACTA is incompatible with said framework treaties then it cannot be passed regardless of Parliament vote unless said framework treaties are changed as well. If the court finds that ACTA is ok then the Commission can remove whatever parts they think led to the rejection in Parliament and ask the Parliament to vote on the amended ACTA

    3. Re:nice by lordholm · · Score: 5, Insightful

      No, it cannot be bypassed. What he can do is have it subject to judicial review and try to resubmit the ratification proposal. However, I would assume that parliament will not take kindly to this. Maybe they should move for a no confidence vote on Karel.

      --
      "Civis Europaeus sum!"
    4. Re:nice by lordholm · · Score: 5, Informative

      This is true, except that the Commission cannot easily change ACTA as is as the treaty is signed. They could ask to have a protocol added which would require the approvals of all the original signing parties which include the US, Canada, the EU, the individual EU member states et.c. This in turn would mean that most governments need to acquire new negotiating mandates from their respective parliaments and so on. This is not a trivial operation.

      --
      "Civis Europaeus sum!"
    5. Re:nice by elrous0 · · Score: 3, Insightful

      They'll just extradite everyone who violates it to the U.S. for prosecution.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    6. Re:nice by Kat+M. · · Score: 2

      The European Commission is not unelected nor unaccountable. Its president is first proposed by the European Council and then elected by the European Parliament. The European Council, in agreement with the president of the commission, then appoints the commissioners, which are then also subject to a vote of approval by the European Parliament. The European Parliament can also dismiss the European Commission (basically, a motion of no confidence), though not individual commissioners. In fact, an angry European Parliament did famously force the resignation of the Santer Commission, which it considered corrupt and arrogant.

      It's the same basic process that is used to appoint/elect cabinets in most parliamentary democracies; heck, the British Prime Ministers do not even have to be confirmed by the House of Commons; they are appointed by the reigning Monarch (Queen or King) once they can be assumed to command a majority in the Commons.

      The European Commission's problem is generally a lack of transparency, not a lack of democratic legitimacy.

    7. Re:nice by Svippy · · Score: 2

      We rewrote parts of it to satisfy their demands, and it went into effect in 2009.

      --
      Clicked pie.
    8. Re:nice by Svippy · · Score: 4, Informative

      The EC (unelected and largely unaccountable)

      Come on, quit that old bullshit.

      The European Commission is appointed and controlled by the governments of the member states, all of them democratically elected.

      Ah, indirectly. Most - if not all - EU countries use a parliamentary system, which means our governments are not directly elected, but elected by the parliaments which are directly elected. So you have voters > local parliament > local government > EC. So yeah, that's quite far from the voters. Compare to the EP: voters > EP. One step.

      A lot of special interests are bound to be happening through those steps. However, the EC has far less power with the passing of Lisbon, so I wouldn't worry too much.

      --
      Clicked pie.
    9. Re:nice by Jahta · · Score: 2

      Come on, quit that old bullshit. The European Commission is appointed and controlled by the governments of the member states, all of them democratically elected.

      Your point being? The EC is a group of political appointees, with a history of pushing agendas at odds with the wishes of the electorate and their democratically elected representatives.

      Remember the software patents battle?

    10. Re:nice by stanlyb · · Score: 4, Insightful

      In most countries, this "mandate" requirements was never issued. The pact was signed secretly, behind the curtain, and without the knowledge of the public, and in some cases (i know of a few countries) even without the consent of the parliament.
      Nevertheless, the real issue is the unconvinient publicity of the ACTA, which could make all these "hidden" deals very hard to strike. Which is actually a real democracy at work.

    11. Re:nice by Hognoxious · · Score: 2

      Unless they try and slip in onto page 735 of a bill about fisheries.

      Nah, they'd never try anything as sneaky as that. Well, not again.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    12. Re:nice by Samalie · · Score: 5, Interesting

      The difference in this case is that ACTA isn't a piece of legislation written up by the EU that can be changed willy-nilly in order to secure the votes for passage.

      ACTA is an international treaty that has been signed (but not ratified) by (most?) of the signatories' legislative bodies.

      To change ACTA (to re-package, whatever) requires all the signatory nations to get back together & start re-negotiating the points of it. SImply put, the EU cannot alter ACTA for ratification independently.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  3. Well done by Anonymous Coward · · Score: 3, Insightful

    But we're only safe until the next bit of daft legislation.

  4. well good for them by halfEvilTech · · Score: 3, Funny

    Its nice to see some political critters with a shred of common sense still. Of course the MPAA/RIAA's of the world over there are thinking what the hell happened and if they didn't donate enough.

    1. Re:well good for them by GroeFaZ · · Score: 3, Insightful

      This time it's not political critters developing a shred of common sense, it's political critters channeling civil society's common sense and massive protests. For once, they have worked.

      --
      The grass is always greener on the other side of the light cone.
    2. Re:well good for them by SomeKDEUser · · Score: 2

      This is Europe. You can wine and dine the MEPs, to an extent, but you need to corrupt them in so many languages that you might find the task daunting... Also unlike the US, outright buying of politicians is frowned upon.

      Because make no mistakes, unlimited campaign donations via "superpacs" is just that, buying politicos.

    3. Re:well good for them by CrimsonAvenger · · Score: 2

      Because make no mistakes, unlimited campaign donations via "superpacs" is just that, buying politicos.

      No doubt.

      It should be noted, however, that politicians were bought and sold long before "superpacs" were even thought of.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  5. Six hundred no's and a yes, is a yes by Sasayaki · · Score: 5, Funny

    ACTA is like a sleezy guy trying to pick you up in a bar.

    You can tell him no six hundred times and he'll keep coming back, because all it takes is one yes and he's fucked you.

    --
    Check out my sci-fi book "Lacuna" at http://goo.gl/MVxX8
    1. Re:Six hundred no's and a yes, is a yes by tsa · · Score: 4, Insightful

      And he will keep rephrasing the question until you say Yes by accident.

      --

      -- Cheers!

    2. Re:Six hundred no's and a yes, is a yes by Lumpy · · Score: 4, Funny

      Europe needs to go back to killing the messenger. If they send the guy carrying the next version of ACTA back in a coffin, it might get the point across.

      --
      Do not look at laser with remaining good eye.
    3. Re:Six hundred no's and a yes, is a yes by Synesthes · · Score: 2

      Just don't send it to a Canadian political party or school by accident...

  6. Re:The commission is blatantly against democracy by amiga3D · · Score: 2

    They'll keep sending it until it's passed. It's what they get paid for.

  7. Re:The commission is blatantly against democracy by Spad · · Score: 5, Insightful

    Won't work. If there's one thing that the EU Parliament have shown is that when people try and bypass their authority they're willing to turn up in huge numbers to vote it down on principle.

  8. This is the European July 4th... by Anonymous Coward · · Score: 4, Insightful

    Higgs' Boson discovered by LHC before Tevatron, and ACTA (already implemented in the USA) finally rejected by the European Parliament. Europe wins both in science and democracy. Very sad july 4th for the USA.

    Dear hollywood cocaineaholics/drunk singers/corrupt american politicians/etc..., f*uck you!

    1. Re:This is the European July 4th... by Seeteufel · · Score: 2

      You see, this time US "imperialism" exports independence day. Higgs and ACTA rejection. A great day to celebrate!

    2. Re:This is the European July 4th... by RivenAleem · · Score: 3, Funny

      Don't forget the Apple design patents!

  9. Re:Act of war.... by Seeteufel · · Score: 2

    Come on! The US is not the power it used to be. And in the old times it would not impose its interests in such a blunt way. In fact, ACTA's European demise is also a blow for it as a worldwide treaty.

  10. Re:Consider bringing it back? by 0123456 · · Score: 2

    You seem to misunderstand how 'democracy' works in Europe. In the EU, you get a vote, and if you vote the wrong way they keep forcing you to vote again until you get it right.

  11. Not only did they reject it... by Yvanhoe · · Score: 5, Interesting

    ... but they began to hate it too : image

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  12. Vote influenced by Pirate Party? by k(wi)r(kipedia) · · Score: 2

    Could the relatively recent electoral successes of the various Pirate Parties convinced the MEPs to vote against the treaty, perhaps as an attempt to head off a backlash at the ballot box? The near triumph of the various anarchist and radical left factions in Greece might have also served as a sobering reminder of what could happen when government decides to act against public opinion. This is not necessarily a good thing but should be considered as a political fact of life that comes with the rise of the socially networked voter.

    1. Re:Vote influenced by Pirate Party? by wvmarle · · Score: 2, Insightful

      The vote was near anonymous. More than 90% against. That's not just populism, the pirate parties don't make any serious inroads.

      Greece is a bad example: that country is in shatters, and people will vote for whoever is not part of the old leadership. The austerity there hurts too, of course, many people don't like it of course, but it seems the overall opinion of the Greek people is that their country should stay in the Eurozone. That's at least what they're currently heading for.

    2. Re:Vote influenced by Pirate Party? by Anonymous Coward · · Score: 2, Funny

      The vote was near anonymous. More than 90% against.

      I don't think that word means what you think it means.

      - Unanimous Coward

    3. Re:Vote influenced by Pirate Party? by CanEHdian · · Score: 2

      The Pirate Party is very influential. Take a look for instance at this "Creation and Copyright in the Digital Era" position paper, in particular paragraph 26. The Greens/EFA is the fourth-largest political group in the European Parliament and officially supports reducing copyright to 20 years after publication. There's even more in that paper.

      Guess what your MAME collection could look like with a copyright limited to 20 years? Or software for your 8-bit home computer emulator you used way back when? As well, Windows 3.1 would be entering the Public Domain. The first 10 years of Compact Disc - Digital Audio releases (1982-1991).

      Without the Pirate Party, there wouldn't be so much interest in copyright reform.

      --
      When the copyright term is "forever minus a day", live every day like it's the last.
    4. Re:Vote influenced by Pirate Party? by Znork · · Score: 2

      Well, if you look at the picture here http://www.telegraph.co.uk/technology/news/9346957/MEPs-reject-ACTA-piracy-treaty.html he might have meant what he said...

      But no, I don't think the recent electoral successes have done that much to influence. However, the Swedish Pirate MEP's, Christian Engström and Amelia Andersdotter, have most certainly done a lot of work in the European Parliament. And I would wager that a lot of pirate party activists have been encouraged enough to actually mail various MEP's simply by having gotten somewhat organized.

      But the proponents of ACTA have certainly made it easier as well; by acting as such utter douchebags throughout the process they've certainly made sure that nobody with the least knowledge of it could support it without looking like an utter tool. Having the first official parliament rapporteur on the treaty quit in disgust over the process and his replacement turning from positive to negative sent strong signals prior to committee votes.

  13. Not law in the USA either by __aaltlg1547 · · Score: 5, Informative

    The US Constitution requires any treaty to be ratified by the US Senate. As of now no Senate vote on ACTA has occurred so it's not law even in the USA. But the Justice Department is also insisting they will enforce it.

  14. What will ACTA proponents say? by bzipitidoo · · Score: 2

    People didn't understand? They were the victims of a misinformation campaign? LOL.

    Wonder how many humiliations it'll take to demoralize and scare copyright extremists enough that they'll never try the likes of ACTA again? Drum Karel De Gucht out. Force Theresa May to reconsider and not extradite O'Dwyer. Kick out the officials who are helping with the harassment of the Pirate Bay.

    Then the extremists can spend the rest of their lives sulking in their mansions like deposed royalty, since they seem unable to face reality.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  15. The US constitution guarantees a fair+speedy trial by Nicolas+MONNET · · Score: 2

    Now look at Guantanamo.

  16. Commission is powerless without parliament by F69631 · · Score: 3, Informative

    It's rare to see the EU parliament - composing of over half a dozen groups, each of which is umbrella organization for dozens of parties from many countries - to be as united as they were now. They voted not only against the internet restricting laws but also against the kind of shady activity that occurred during ACTA preparations. Whatever the commission says now, I doubt they've got the balls to bring ACTA - or nearly identical equivalents with different name - back anytime soon... it would be such an act of disrespect towards the parliament that things could escalate far more than anyone is willing to risk "just for copyright".

    I think we're safe at least until June of 2014 (next parliamentary elections in EU)... that is, of course, unless same provisions are brought back in a bill that also mention child pornography. EU legislators are pretty weak against the "think of the children" argument.