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Old 03-02-2012, 08:19 AM   #23
Sil_liS
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Join Date: Oct 2010
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Quote:
Originally Posted by hidari View Post
Here is an article or two defending it:

ACTA THAT IS:

http://www.timesofmalta.com/articles...to-Acta.409017
From the article:
Quote:
It will not mandate the inspection of laptops or MP3 players by Customs officials.
From ACTA:
Quote:
ARTICLE 16: BORDER MEASURES
[...]
2. A Party may adopt or maintain procedures with respect to suspect in-transit goods or in other situations where the goods are under customs control under which:
(a) its customs authorities may act upon their own initiative to suspend the release of, or to detain, suspect goods; and
(b) where appropriate, a right holder may request its competent authorities to suspend the release of, or to detain, suspect goods.
[...]
ARTICLE 19: DETERMINATION AS TO INFRINGEMENT
Each Party shall adopt or maintain procedures by which its competent authorities may determine, within a reasonable period after the initiation of the procedures described in Article 16 (Border Measures), whether the suspect goods infringe an intellectual property right.
ARTICLE 20: REMEDIES
1. Each Party shall provide that its competent authorities have the authority to order the destruction of goods following a determination referred to in Article 19 (Determination as to Infringement) that the goods are infringing. In cases where such goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the channels of commerce in such a manner as to avoid any harm to the right holder.
[...]
ARTICLE 21: FEES
Each Party shall provide that any application fee, storage fee, or destruction fee to be assessed by its competent authorities in connection with the procedures described in this Section shall not be used to unreasonably deter recourse to these procedures.
I couldn't find where the author of the article dreamed that ACTA assures us that our laptops can't be confiscated, kept for some vague amount of time, the files deleted (?), and then returned with a fine.
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