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Old 02-23-2010, 04:00 AM   #1
llreader
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Exclamation DMCA to go global (if ACTA approved)

EDIT: zerospinboson started a thread on this already.

Once again, seen on Ars Technica (they should give me a free subscription or something), a leaked version of the Anti-Counterfeiting Trade Agreement (ACTA).

Quote:
Titled "Enforcement procedures in the digital environment," the brief document quickly hits the high points: Internet filtering (not allowed to be a requirement), "three strikes" policies (encouraged but not mandatory), takedown procedures (required), and ISP safe harbors (also required).
The ISP safe harbor bit requires that they implement some policies to police content on their networks.

The real kicker is that they want laws against bypassing DRM to be implemented everywhere as part of this agreement. This would include the sale of circumvention devices. Hellooooo Canada! .

Quote:
In places like Europe, there's also huge concern about how these American-pushed policies would interact with existing privacy law. Just today, European Data Protection Supervisor Peter Hustinx issued an extraordinary opinion (PDF) in which he "regrets that he was not consulted by the European Commission on the content" of ACTA.

He goes on to say that Internet disconnections are "disproportionate" and "highly invasive in the individuals' private sphere. They entail the generalised monitoring of Internet users' activities, including perfectly lawful ones. They affect millions of law-abiding Internet users, including many children and adolescents. They are carried out by private parties, not by law enforcement authorities."
So, we living in Europe may not get reamed just yet. Gosh, that sounds swell. We will have to wait a few years to join the Great Corporate Collective.

Last edited by llreader; 02-23-2010 at 05:27 AM. Reason: Little formatting
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Old 02-23-2010, 04:22 AM   #2
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How can US law affect me anyway ?
As a French citizen, i'm only submitted to US laws when i visit there, or buy stuff from there.

Oh, ok, i had missed something there.
Mmm, I don't care much if getting rid or drm becomes illegal, i'll keep reading my dvd's with Linux, or use inept. And if somehow they manage to make that technically impossible, i'll stop buying books and dvd's if i can't read them.

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Old 02-23-2010, 05:12 AM   #3
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Hi Eowyn,

It wouldn't be US law, it would be French law. ACTA is a trade agreement, like the free trade agreements, that imposes legal obligations on the signatory countries to comply with certain basic rules (someone will correct me here if I am wrong, but I think that is the basic way it works).

So, with the World Trade Organization agreements, there are certain things, like government price supports for industry and tariffs, that are not allowed. With this agreement, circumventing DRM would not be allowed.

Quote:
Originally Posted by EowynCarter View Post
How can US law affect me anyway ?
As a French citizen, i'm only submitted to US laws when i visit there, or buy stuff from there.

Oh, ok, i had missed something there.
Mmm, I don't care much if getting rid or drm becomes illegal, i'll keep reading my dvd's with Linux, or use inept. And if somehow they manage to make that technically impossible, i'll stop buying books and dvd's if i can't read them.
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Old 02-23-2010, 05:19 AM   #4
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Actually, this was already reported here. But I agree that it's bad. Especially because they've never actually been able to prove that pirating matters, or that it discourages innovation. Which makes me wonder why the entire world has to be turned into a police state in order to defend the rights of a few corporations. IPRs exist to promote innovation, but I sincerely doubt that, once Gucci, Armani and Sony have stamped out all piracy, they will suddenly start churning out more and better products. The key to improvement, oddly, seems to be the existence of competition, rather than a lack of piracy. And the fewer big corporations rule any given industry, the less innovation occurs.

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Old 02-23-2010, 05:24 AM   #5
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Quote:
Originally Posted by zerospinboson View Post
Actually, this was already reported here. But I agree that it's bad. Especially because they've never actually been able to prove that pirating matters, or that it discourages innovation. Which makes me wonder why the entire world has to be turned into a police state in order to defend the rights of a few corporations. IPRs exist to promote innovation, but I sincerely doubt that, once Gucci, Armani and Sony have stamped out all piracy, they will suddenly start churning out more and better products. The key to improvement, oddly, seems to be the existence of competition, rather than a lack of piracy. And the fewer big corporations rule any given industry, the less innovation occurs.
Thanks! I'll put a link in the OP.
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Old 02-23-2010, 10:58 AM   #6
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Actually, well, there's nothing that wrong with takedown and notify as a principle. However, there needs to be teeth involved in wrongful takedowns - it's often perjury, and there needs to be the appropriate penalties.

(i.e. takedowns unauthorised by the IP holder == automatic large fine. Yes, this does mean Human oversight is required rather than 'bot)

The rest of it I have issues with.
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