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Old 11-05-2015, 05:39 AM   #2
HarryT
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Quote:
Originally Posted by rjcroy View Post
My superficial reading leads to think it exports US style copyright and DMCA law to other TPP signing countries.
I'm not sure that I agree with you there. The appropriate section would appear to be "18.68: Technological Protection Measures (TPMs)" and you'll note that, after saying:

Quote:
In order to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorised acts in respect of their works, performances, and phonograms, each Party shall provide that any person that:

(a) knowingly, or having reasonable grounds to know, circumvents without authority any effective technological measure that controls access to a protected work, performance, or phonogram...
...
... is liable and subject to the remedies provided for in Article 18.74 (Civil and
Administrative Procedures and Remedies)
it goes on to say:

Quote:
Each Party shall provide for criminal procedures and penalties to be applied if any person is found to have engaged wilfully and for the purposes of commercial advantage or financial gain in any of the above activities.
ie it's only a criminal act if you do it for money. Otherwise it's civil, just as it probably is at the moment in your existing copyright law. This is unlike the DCMA, which makes it a criminal act in the US.

I also note the important point that (section 18.10, para 2):

Quote:
a Party shall not be required to restore protection to subject matter that on the date of entry into force of this Agreement for that Party has fallen into the public domain in its territory.
Which specific part of it do you think will introduce "US style copyright and DMCA law"?

Last edited by HarryT; 11-05-2015 at 05:47 AM.
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