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Trans-Pacific Partnership Enables Harsh Penalties For Filesharing

An anonymous reader writes: The Electronic Frontier Foundation went through a recent leak of the secretive Trans-Pacific Partnership agreement, an international treaty in development that (among other things) would impose new intellectual property laws on much of the developed world. The EFF highlights one section in particular, which focuses on the punishments for copyright infringement. The document doesn't set specific sentences, but it actively encourages high monetary penalties and jail terms. Its authors reason that these penalties will be a deterrent to future infringement. "The TPP's copyright provisions even require countries to enable judges to unilaterally order the seizure, destruction, or forfeiture of anything that can be 'traceable to infringing activity,' has been used in the 'creation of pirated copyright goods,' or is 'documentary evidence relevant to the alleged offense.' Under such obligations, law enforcement could become ever more empowered to seize laptops, servers, or even domain names."

41 of 154 comments (clear)

  1. NWO by IWantMoreSpamPlease · · Score: 4, Insightful

    So the NWO (once a tin-foil hat conspiracy theory) is coming true, only 25 years after it was predicted.

    It's well past time for https everywhere, constant VPNs and full encryption for everything

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
    1. Re:NWO by fustakrakich · · Score: 4, Interesting

      ... https everywhere, constant VPNs and full encryption for everything...

      Trivially blocked by your service provider. This continuing single point of failure is the obstacle to overcome. Not much can be accomplished before then.

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:NWO by Anonymous Coward · · Score: 2, Interesting

      ... https everywhere, constant VPNs and full encryption for everything...

      Trivially blocked by your service provider. This continuing single point of failure is the obstacle to overcome. Not much can be accomplished before then.

      More importantly those VPN logs are subject to seizure by law enforcement with the appropriate warrant or other legal instrument deemed valid by the Government and the Courts of Law. Show me a VPN service provider that is not subject to lawful access by law enforcement.

    3. Re:NWO by UnknownSoldier · · Score: 4, Insightful

      The better long term solution is:

      * open source software
      * Creative Commons License

      You can't pirate what you are legally allowed to share. :-)

    4. Re:NWO by WaffleMonster · · Score: 2

      More importantly those VPN logs are subject to seizure by law enforcement with the appropriate warrant or other legal instrument deemed valid by the Government and the Courts of Law. Show me a VPN service provider that is not subject to lawful access by law enforcement.

      I wish that were true. Given US government track record of obtaining everyone's call records without any legal showing the more likely scenario is warrantless seizure of "any tangible thing" justified by invoking 3rd party doctrine or batshit insane abuse of Article II.

    5. Re:NWO by rea1l1 · · Score: 2, Interesting

      p2p wireless mesh based on %100 open source software and hardware

      Check this out

      http://www.freedomboxfoundatio...

    6. Re:NWO by fustakrakich · · Score: 3, Interesting

      Commercial companies which exist to make money can't just block something everyone uses and expect to remain a viable company with paying customers.

      With their protected monopolies they certainly can do what they want, and the voters will grumble and then dutifully reelect for the fifth time the crooked politicians that made the deal.

      --
      “He’s not deformed, he’s just drunk!”
    7. Re:NWO by s.petry · · Score: 2

      New World Order. The origins go back much further than 25 years. The first public use of the phrase (in context) to my knowledge was Reagan talking about aliens, but every US President after him has been quoted mentioning this "New World Order". Privately, you could read a book by Carol Quigley called "Tragedy and Hope" (I highly recommend this one). If that one is too long, try Gary Allen's "None Dare Call it Conspiracy" (free downloadable). Rockefeller's autobiography also talks about it, as does Henry Kissinger, and countless other political figures.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    8. Re:NWO by s.petry · · Score: 2

      Apologies for the double post, no Karma please.

      I should have warned you that any time someone mentions Gary Allen's books the sock puppets come out of the wood work to bash it, in hopes that you won't bother to read it. Do read it, and check every reference he gives in the book (which is an enormous amount) and you will see he is spot on with facts. He also discusses a lot of material covered in Carol Quigley's book in much fewer words, so it's a fast read. Once you are done, you can make up your own mind. Don't let the sock puppets discourage you.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    9. Re:NWO by X.25 · · Score: 2

      So the NWO (once a tin-foil hat conspiracy theory) is coming true, only 25 years after it was predicted.

      It's well past time for https everywhere, constant VPNs and full encryption for everything

      No. It took 25 years for people to wake up and see what's happening around them.

      Unfortunatelly, it is way too late now.

  2. The Dangers of globalism by Subxerox · · Score: 5, Insightful

    You don't get a vote.

    1. Re:The Dangers of globalism by rubycodez · · Score: 3

      yes you get to vote; no it won't make any difference

  3. A right to trial by your peers by JamieMcGuigan · · Score: 5, Funny

    I wish this was America, I hear we would be tried by a jury of our peers and I've always seeded generously http://xkcd.com/553/

  4. Re:Jail terms by TheReaperD · · Score: 5, Insightful

    More like enshrining the outdated copyright cartels into law with their own legal enforcement powers so they can keep funneling money into political campaigns

    .

    --
    "Be particularly skeptical when presented with evidence confirming what you already believe." -
  5. Re:What were you expecting? by Anonymous Coward · · Score: 4, Insightful

    it still boils down to you taking something you should probably be paying for

    No, it boils down to you making a copy of something that the government thinks you shouldn't be making a copy of.

    You "take" only in the sense that you take a photograph, and you "should be paying" in the same way any group of thugs says "I'll hit you if you don't pay me for doing this".

    Every creative work is highly derivative. The leeches are not the copyright infringers, but those who profit from copyright. "Fuck you!" they say, "I've taken advantage of everything up to the moment before this work, but from this point on, you pay me."

  6. Re:What were you expecting? by CaptainDork · · Score: 2

    An inescapable fact is, there are WAY more people outside the sphere of law enforcement. That means the odds are, greatly, that the brightest people are not in law enforcement.Authorities will always lose the "War On (Stuff)."

    --
    It little behooves the best of us to comment on the rest of us.
  7. Re:What were you expecting? by Em+Adespoton · · Score: 4, Interesting

    http://www.theguardian.com/med...

    As content is worth less and less, they need to do something to prop up the profit structure.

    Sad thing is, if the content being infringed is worth less and less, why are people getting stiffer and stiffer penalties for infringing?

  8. youtube video summary of trans pacific partnership by doug141 · · Score: 4, Informative
  9. It's even worse than that .. by lippydude · · Score: 5, Informative

    It's even worse than that. Under TPP a corporation can sue sovereign governments in secret courts if such governments are deemed to have impinged on the corporations right to sell product. Laws such as those to protect against excessive toxins released into the environment. Or if a local government decides to make cheaper generic drugs, instead of buying the corporations more expensive patented product.

    1. Re:It's even worse than that .. by mbone · · Score: 3, Informative

      WTO and similar arbitaration boards existed for many moons now. They deal with protectionist tariffs

      No, they don't.

  10. Re:What were you expecting? by farble1670 · · Score: 5, Interesting

    If we continue to cultivate a society where even the most crafted and artisan digital items are throwaway flash sale detritus, how can we expect to continue enjoying the talented minds that create them?

    interesting.

    when profits drop to reasonable levels for music and movies, they'll get made / created by people with a love for the art, as opposed to a love for money. sounds fine.

  11. Next step destruction of public libraries by GoodNewsJimDotCom · · Score: 4, Insightful

    Libraries have too long been a place where people could share information, books, movies, and games. This senseless devaluation of media hurts content producers. You've done society a disservice for too long libraries. Your time is coming.

  12. Cool by DMJC · · Score: 4, Interesting

    So big media is finally going to off itself, or cause an uprising, one way or the other. So either everyone who was pirating and consuming more content will stop, and their sales will plummet. Or the people who can't afford media, due to unemployment/low wages are going to have even less stuff to keep them entertained. Should be fun to watch the crime increase as these people have to leave their homes for entertainment. Personally I think it'll just cause a shift away from film/tv back to gaming. Games last longer, are replayable, and cost less than films.

  13. Re:What were you expecting? by trout007 · · Score: 5, Interesting

    Intellectual monopoly is a danger to real property rights. You cant own something if you aren't allowed to configure it how you want.

    --
    I love Jesus, except for his foreign policy.
  14. "Four boxes" by mrchaotica · · Score: 5, Interesting

    As the saying goes: "There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo. Please use in that order."

    But treaties circumvent three of those boxes.

    Guess which one is left.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:"Four boxes" by Skidborg · · Score: 2

      Build a tiny pirate ship.

      --
      Supporter of the +1 Over Dramatic mod option. In memory of apk.
  15. Re:What were you expecting? by chipschap · · Score: 4, Insightful

    It's worse than this. You're denied the rights to even use WHAT YOU PAID FOR in the way you wish. Witness Kindle books as one example. Want to read them in the reader of your choice, on the device of your choice? Sorry, can't do that, and DCMA outlaws decryption tools.

  16. Re:youtube video summary of trans pacific partners by rmdingler · · Score: 2
    This.

    Reich, Robert not the Third, has a handle on this trade agreement being slipped right on by us.

    Always remember that government regulations are a feature of fascism (not a bug), and when corporations are allowed to write their own ticket (lobbying), they are interfering with the market in an unnatural way. Fascism is most accurately described as the preeminence of the needs of corporations and governments above the rights of the populace.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  17. Worked for drugs by hawguy · · Score: 5, Insightful

    Harsh penalties have virtually eliminated illegal drugs, right? it's gotten to the point where I could purchase methamphetamine on the street far easier than purchasing legal Sudafed at the drug store.

    1. Re:Worked for drugs by Anonymous Coward · · Score: 2, Funny

      I'm not sure methamphetamine is a direct replacement for Sudafed. You might want to double check that.

    2. Re:Worked for drugs by hawguy · · Score: 4, Informative

      I'm not sure methamphetamine is a direct replacement for Sudafed. You might want to double check that.

      The point isn't that Sudafed is the same as meth, but that it is restricted because it can be used to make meth, yet I can buy the meth directly easier than I can buy Sudafed.

      http://www.forbes.com/sites/da...

      Also, this war on meth has resulted in the pharmaceutical industry selling what is essentially a placebo in the form of a "meth-resistant" Sudafed PE:

      http://consumer.healthday.com/...

      Seven other studies, according to the authors, found that phenylephrine didn't work better than a placebo.

      "It does nothing," Hendeles said. "Clearly the 10 milligram (dose) does not work."

      So consumers are being guided into buying a product that doesn't work by a drug policy that also doesn't work.

  18. Secret Agreements, bah. by mbone · · Score: 5, Insightful

    I personally don't care what the TPP terms are, the process is irredeemably corrupt. It is an attempt for corporations to obtain in secret negotiations what they could never obtain through actual democratic processes, and should be opposed by anyone who supports our system of government.

    If they want to enact this, publish it, and submit it as a Treaty to the Senate for ratification. We have a Constitution for a reason, quit trying to do an end-run around it.

  19. Re:What were you expecting? by dissy · · Score: 2

    Piracy is huge, and despite all the arguments for it, it still boils down to you taking something you should probably be paying for.

    But I am going to pay for it. I've made certain my check will clear 70 years after the death of the author. Who could complain about that?

  20. Re:What were you expecting? by Scarletdown · · Score: 2

    It's worse than this. You're denied the rights to even use WHAT YOU PAID FOR in the way you wish. Witness Kindle books as one example. Want to read them in the reader of your choice, on the device of your choice? Sorry, can't do that, and DCMA outlaws decryption tools.

    And I reclaim the ability to read them on any device I choose via Calibre and any other appropriate tools.

    Why? Because fuck you. That is why. (addressed at the planet's owners; not you, chipschap)

    --
    This space unintentionally left blank.
  21. expropriation? by Anonymous Coward · · Score: 5, Interesting

    "destruction, or forfeiture of anything that can be 'traceable to infringing activity,' has been used in the 'creation of pirated copyright goods," So we can get the mpaa's members' equipment, cameras, sound stages and whatnot destroyed or forfeited because all the pirated copyright goods trace back to where the material was created and distributed?

    Sounds like a recipe for government confiscation of private property.

    1. Re:expropriation? by dryeo · · Score: 2

      Heard Randy Bachman bitching about politicians using his music for campaigning, seems they really like the song Taking Care of Business. In particular the American ones who create a shell company to run their campaign which goes bankrupt after the election so it's not even worth suing.
      My government recently changed the copyright laws due to some media not allowing them to use their copyrighted stuff in their attack ads so they made an exemption for themselves as they're the tough on crime party and can't be seen breaking the law.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  22. Re:What were you expecting? by jones_supa · · Score: 5, Funny

    You "take" only in the sense that you take a photograph, and you "should be paying" in the same way any group of thugs says "I'll hit you if you don't pay me for doing this".

    What if your girlfriend made a 3D printed dildo replica of your penis, and every time she used it, she would say "no one loses anything if I just make a copy".

  23. Re:What were you expecting? by ganjadude · · Score: 2, Funny

    well if it was YOUR girlfriend that may be correct OHHHHH!!!!

    thank you, thank you, ill be here all night, dont forget to tip the waitress

    --
    have you seen my sig? there are many others like it but none that are the same
  24. Re:Why not houses? by ShaunC · · Score: 2

    They can already take your house, they don't need a new treaty for that.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  25. Re:What were you expecting? by LainTouko · · Score: 4, Interesting

    I would be flattered.

  26. When will they finally learn? by kheldan · · Score: 2

    You can't stop the signal, Mal.

    Those iconic words from Serenity have always embodied the obvious reality that corporations are apparently deeply in denial over: People will find a way, and they're not going to stop. The tighter corporations and governments squeeze, the more slips through their grasp. They're wasting time and money trying to stamp out a problem that really isn't a problem, making everything cost more for everyone, which just incentivizes filesharers even more. This 'agreement' isn't going to change anything, other than hurting individuals who really aren't harming anyone or anything, ruining their lives because they wanted to hear a song or see a TV show. The organized criminals and terrorist groups who are mass-producing pirated movies and other content to fund their activities won't be any more affected by this than they're prevented from having firearms in places where it's been made illegal for people to own firearms, they'll go right on with their operations without so much as blinking. Memo to media corporations: The more draconic you make things for everyone, the more everyone is going to hate you and not want to pay for your content. It's time for you to retire your 19th Century business model and get into the 21st Century with the rest of us: Stop screwing us over for your content, stop destroying people's lives with gigantic judgements against individuals, accept the fact that some filesharing is going to happen and move on already.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!