The internet is a great tool to alert politicians to all the dangers of this treaty, just as the internet was a tool to mobilize people against the SOPA and PIPA bills in the US. For any lobby to be effective, however, it must be fact based. Misinformed criticism helps those supporting ACTA.
The dangers and threats of the ACTA treaty are shared by free-speech advocates and access to medicine groups alike. ACTA is seeking to deal with a number of widely differing issues, and hence does not do a good job at any of them. Additionally, there are serious concerns about the collateral damage that ACTA would cause.
Regrettably, concerns by businesses, NGO’s and politicians have not led to a better result. This is partly due to the intransparant way in which ACTA has been established and negotiated. As a democratically elected representative, I believe it is not the role of government to protect outdated business models, and I do believe it is our job to ensure democratic oversight.
Besides zooming in on the details of what ACTA will and will not do, taking a step back and looking at the broader picture is also important. As someone who advocates copyright reform, notably the harmonization of copyright laws in Europe, I do not believe stricter enforcement of outdated systems is helpful or relevant. Enforcement is not even possible in many cases, and not without violating people’s fundamental rights.
Yet there is a big push towards enforcing outdated legal structures of copyright by the entertainment industry. ACTA will lock any signatory country into a system of copyright enforcement, leaving the democratic process disadvantaged to enact necessary reform of our laws to suit the digital age.
The fast development of the information society and all the innovations we have seen in the last 15 or so years have changed the way we live. People can enforce their fundamental rights of access to information, and free speech with the help of the internet. Human rights violations are documented and shared across the world, and the way we access and share information and culture such as news, music and films has changed forever. Most copyright rules were developed for the printing press and codified internationally before radio had even been invented.
Some of the most important EU laws regulating the internet were established before social media and peer-to-peer sharing took off. The E-commerce Directive of 2000 and the Copyright Directive of 2001 were enacted without foresight of the new services which were developed over the last 10 years. Time and time again, it has been proven that the Directives and their national implementations do not suit the digital age that followed directly afterwards. The fragmentation of European copyright puts the EU, which is widely known for its wealth in culture, at a competitive disadvantage in comparison to the United States.
Copyright and E-Commerce need to suit the needs of the advanced information society we now live in. To enable a flourishing Digital Single Market in Europe, we need to analyse case-law of the last 12 years regarding the internet, hear from creators, innovators and consumers. If we want to serve consumers, artists and businesses well, we need to find a new balance in copyright. Every aspect of copyright needs to be discussed: the exclusive rights, limitations and exceptions, collective management, enforcement, etc. Only then should we discuss how to enforce the new found balance on the international arena, such as with ACTA.
ACTA must not be passed. Let’s focus on reform to allow for the opportunities of the internet to bloom, instead of allowing outdated business models to limit the free market, and to criminalize audiences. Additionally, health threats as a result of counterfeit medicine deserve a better solution than ACTA. Join me in voicing your concern with this treaty, so we can establish flexible copyright rules which are fit for the 21st century.
About The Author
Marietje Schaake is a Member of European Parliament (D66/ALDE Group). She is a member of the Committee on Foreign Affairs (AFET), as well as the Committee on Culture, Media and Education (CULT).
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Source: We Need Copyright Reform, Not ACTA!
Michael Geist sez, "I've posted a video version of a recent talk on SOPA activism and what it means for the next generation of global copyright agreements such as the Anti-Counterfeiting Trade Agreement and the Trans Pacific Partnership. The talk is about an hour as it also assesses the global strategies employed by the U.S. and copyright lobby groups of shifting away from WIPO toward closed negotiations (like ACTA) and domestic copyright pressure (like the Canada's Bill C-11, which is a combination of DMCA + potentially SOPA)."
Beyond SOPA: ACTA, WIPO, and the Global Copyfight (Thanks, Michael!)
Think about the art of writing for a minute. Think about creative, or biographical, or whatever kind of writing. Before blogging, how many people wrote any more than it took to fill the space of postcard? If it wasn't their profession, I'd say very few. Now, it seems like everyone has had a blog at one time or another. And now "micro-blogging" is in style thanks to Twitter. Not as many words you say? Right, but it's a different skill that people are learning. Very concise wording. Do people want to post boring tweets? Of course not. People spend quite a few minutes of their day trying to write interesting, humorous, or informative Tweets and Facebook updates. Small bits of creativity for sure, but add them up on a weekly basis, and it's quite a bit. I think of all the craftspersons who have learned from each other on-line. Popular knitting blogs for instance have taken that old past-time of grandma's and made it mainstream. Before Etsy and the like, where would a person sell the scarves and hats that they made besides the occasional craft fair? I mean, a family only needs so many scarves, and then the knitting needles were put away. Communities on the web not only serve as a place to share work and ideas, but that also serve as shops to sell your product worldwide, creating a reason to make more, and to try new, crazy ideas. Kind of incredible.
My contention is that these days we live in right now will be looked back on with longing, especially with various governments trying to push through laws to control the internet. If that happens, these will be the good old days, so don't take them for granted. Look around and enjoy. I think this is an incredible time to make things, and I hope it stays around for a while.
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"an overnight fedex letter from Paramount expressing the extent to which they are ‘humbled’ and ‘surprised’ by the extent of the public reaction to SOPA/PIPA and asking to come to campus to talk to faculty and students about “content theft, its challenges, and possible ways to address it."
Tusk's backtracking could spell the end of ACTA for the entire European Union. If Poland or any other EU member state, or the European Parliament itself, fails to ratify the document, it becomes null and void across the union. As it stands, there are already five member countries that have not even signed ACTA. "I share the opinions of those who from the beginning said that consultations were not complete," Tusk said, according to a report in Wirtualna Polska. The 54-year-old prime minister added that a Polish rejection of ACTA is now on the table, and admitted that he had previously approached the agreement from a "20th century" perspective, due to his age.
With the immediate threat from SOPA/PIPA on hold, people have started to turn their attention to the long-running saga of ACTA. While it was being negotiated behind closed doors, few people knew about it, and protests against it were muted. Now that it has finally emerged into the open and begins its last dash towards the finishing line of ratification, the pace of anti-ACTA activism is beginning to pick up quickly. That's especially true in Europe, where everything hinges on the result of the European Parliament's vote on the treaty later this year. If it rejects it, ACTA is dead.
First we had the dramatic resignation of the European Parliament's "rapporteur" on ACTA, then the public apology of the Slovenian Ambassador to Japan for signing ACTA last week in Japan. Individual members of the European Parliament are also coming out against ACTA, notably the Dutch MEP Marietje Schaake, who has prepared an excellent briefing document on the subject, together with several Bulgarian MEPs. But without doubt, the main focus of anti-ACTA actions so far has been in Poland.
As Techdirt has reported, the first demonstration against ACTA took place in Warsaw, and some Polish politicians donned Guy Fawkes/Anonymous masks in parliament to express their displeasure at the Polish government's signing of the treaty. Even the Polish prime minister is trying to back-pedal. Meanwhile, the Polish "No to ACTA" Facebook page has gathered nearly half a million supporters.
Clearly, something very interesting is happening at all levels of Polish society as a result of ACTA, and someone else has noticed this too. According to a translation of a report on the Polish web site gazeta.pl: "--It was around 11.00 in the morning when an employee from the US Embassy called. She was curious about the voting [on ACTA]. He has counted the votes and she thought some of the deputies were missing. Eight deputies were for, three against, four have held up. Something's wrong here, because some votes seem to be missing." -- said Mieczysław Golba from Solidarna Polska. As another Polish politician explained: "-- If the US embassy was just interested in the voting itself, it's okay with us. But questioning about party discipline is scandalous"-- says Sławomir Neumann from PO. -- "Americans should calm down a little, as such behaviour is an interference into the internal affairs of the Polish parliament. We can treat Americans as friends, but there are some borders that one shouldn't cross.We are partners, but not a parliament dependent on the Congress or the president's Obama administration." Assuming this really was someone from the US embassy checking up on the whether Polish politicians were following the party line on ACTA -- there's been no independent corroboration yet -- it does seem pretty extraordinary. Judging by the generally outraged tone of the 1100+ comments on this piece, the Poles themselves don't seem very happy either. I think we can expect to hear much more about Poland's resistance to ACTA in the coming weeks.
"--It was around 11.00 in the morning when an employee from the US Embassy called. She was curious about the voting [on ACTA]. He has counted the votes and she thought some of the deputies were missing. Eight deputies were for, three against, four have held up. Something's wrong here, because some votes seem to be missing." -- said Mieczysław Golba from Solidarna Polska.
"-- If the US embassy was just interested in the voting itself, it's okay with us. But questioning about party discipline is scandalous"-- says Sławomir Neumann from PO. -- "Americans should calm down a little, as such behaviour is an interference into the internal affairs of the Polish parliament. We can treat Americans as friends, but there are some borders that one shouldn't cross.We are partners, but not a parliament dependent on the Congress or the president's Obama administration."
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Anger at last month's decision by the European Union and 22 of its member states to sign the Anti-Counterfeiting Trade Agreement (ACTA) has led to widespread protests, hacked Web sites, and legislators backing away from the treaty.
The anti-ACTA protests that saw Polish politicians don Guy Fawkes masks in parliament have borne fruit. After experiencing a considerable backlash in Poland, Prime Minister Donald Tusk has suspended ratification of the controversial agreement, acknowledging that the consultation surrounding it was inadequate and that he approached it from a "20th century perspective."
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Numerous Wikileaks cables have highlighted the pressure that the US has brought to bear on several foreign governments behind closed doors in an attempt to get the latter to pass maximalist copyright laws. But it's worth noting that plenty of arm twisting takes place openly. Here, for example, is a letter (pdf) from the American Chamber of Commerce in Estonia addressed to the Minister of Justice, and the Minister of Economic Affairs and Communications of that country: We find that the level of intellectual property protection in Estonia needs to be improved, both on the legislative and practical fronts. Estonian government should also focus more on investigating the commercial IPR infringements committed through the Internet, and not only breaches of law in relation with cyber terrorism. In addition, the government must follow the EU and national level debates that might have an impact on IPR legislative framework. In other words, Estonia really ought fall into line like the other countries. Because if it doesn't: Insufficient IPR protection has a negative effect on the entire economic situation in Estonia. As long as the IPR holders cannot be sure that their rights are protected, the international groups are hesitant in having their R&D units in Estonia and it is likely that R&D projects are run in countries with more comprehensive IPR protection. Insufficient IPR protection can also be an obstacle for starting new production units in Estonia as the IPR holders feel that the risk of IPR infringement is too high in Estonia and therefore it is better to produce their products in countries where the IPR-s are better protected. Although the letter touches on trademarks and other areas, its central concern is copyright infringement, especially on the Internet. Its list of demands -- sorry, suggestions -- is depressingly familiar: stronger protection; more criminal prosecutions; intermediary liability for ISPs and website owners; and an "effective mechanism of damage compensation, without having to go through lengthy, complicated or costly procedures for achieving redress through the courts."
We find that the level of intellectual property protection in Estonia needs to be improved, both on the legislative and practical fronts. Estonian government should also focus more on investigating the commercial IPR infringements committed through the Internet, and not only breaches of law in relation with cyber terrorism. In addition, the government must follow the EU and national level debates that might have an impact on IPR legislative framework.
Insufficient IPR protection has a negative effect on the entire economic situation in Estonia. As long as the IPR holders cannot be sure that their rights are protected, the international groups are hesitant in having their R&D units in Estonia and it is likely that R&D projects are run in countries with more comprehensive IPR protection. Insufficient IPR protection can also be an obstacle for starting new production units in Estonia as the IPR holders feel that the risk of IPR infringement is too high in Estonia and therefore it is better to produce their products in countries where the IPR-s are better protected.
However, as an excellent post on the Estonian Public Broadcasting site explains, the letter's underlying assumptions about lack of enforcement are simply wrong: They claim, for instance, that there is poor intellectual property rights (IPR) enforcement in Estonia. However, Estonia’s IPR laws and enforcement, at least in the commercial space, are quite adequate. Operations, including websites, that exist for commercial exploitation of unlicensed rights, are already illegal and get shut down. The operators can be imprisoned for up to three years. The article goes on to point out one of the likely casualties of any harsher approach to copyright enforcement in Estonia: if suing for non-commercial infringement is allowed, sooner or later, the pubs, restaurants and hotels offering free WiFi will be receiving legal threats and fines because someone downloaded something via their connection. It will be simpler for businesses to close their free internet access points, rather than face the legal harassment and risk of huge crippling fines that could result from one of their clients downloading something illegally. When that happens, the Open Internet, an item of national pride in Estonia, will effectively be dead. That's an important point: copyright legislation does not exist in isolation, but can have serious knock-on effects on the digital life of a country -- in this case, jeopardizing Estonia's place in the vanguard of open wireless Internet coverage. Let's hope the Estonian ministers bear that in mind when their visitors from the US Embassy come calling.
They claim, for instance, that there is poor intellectual property rights (IPR) enforcement in Estonia. However, Estonia’s IPR laws and enforcement, at least in the commercial space, are quite adequate. Operations, including websites, that exist for commercial exploitation of unlicensed rights, are already illegal and get shut down. The operators can be imprisoned for up to three years.
if suing for non-commercial infringement is allowed, sooner or later, the pubs, restaurants and hotels offering free WiFi will be receiving legal threats and fines because someone downloaded something via their connection. It will be simpler for businesses to close their free internet access points, rather than face the legal harassment and risk of huge crippling fines that could result from one of their clients downloading something illegally. When that happens, the Open Internet, an item of national pride in Estonia, will effectively be dead.
That’s right. I pay you three times for The Simpsons. First, I get it broadcast over the air. That’s me paying you for it, because the airwaves are mine — not yours. You’re simply allowed to lease them from the public. You’re getting a piece of that spectrum from me. In return, I expect you to deliver me valuable content through it. Well done with The Simpsons. But you know, it’s easy to miss things broadcast live over the air. Also, my signal is pretty bad. So I pay a second time, to DirecTV, to get exactly the same content you send over the air to me through satellite TV. I get a better picture. I get the ability to DVR episodes to watch later. And I pay something like $125 per month for my subscription, some of which goes into your pocket. That brings me to my third way of paying: Hulu Plus. I don’t DVR everything. Somehow, I missed The Simpsons when it started up again this fall. But Hulu Plus has turned into a lifesaver in these cases. It has let me catch-up on programs. It’s been well worth the $7 per month I pay for it, some of which, again, goes directly into your pocket.
And now to tonight. My son fired up Hulu Plus, so we could watch The Simpsons, as we have in the past. But no luck — he got a “web only” message. Turns out, I discovered after doing a little searching with your least favorite search engine, last year you started limited next-day episodes..... Despite paying for Hulu Plus, I cannot watch The Simpson on any device like my Roku player that is designed to play The Simpsons direct to my TV. I gather this is because you don’t want me to buy Hulu Plus and stop paying for DirecTV, right? I get that. But it’s not like I have the same option to watch archived episodes on DirecTV, If they’re offered on demand, they are impossible to find.
However, after lengthy talks between WB and Redbox this month, the companies couldn't come to an agreement over the new demands from the studio. Instead, Redbox has opted to turn to "alternate means" to purchase the films on DVD and Blu-ray it makes available to rent for as low as $1.20 a night through its more than 28,000 kiosks -- and offer them the same day they hit store shelves to buy, according to Redbox senior VP of marketing Gary Cohen.
It doesn't affect me because I look at the internet as the new radio. I look at the radio as gone. [...] Piracy is the new radio. That's how music gets around. [...] That's the radio. If you really want to hear it, let's make it available, let them hear it, let them hear the 95 percent of it.
Steve Jobs was a pioneer of digital music, his legacy was tremendous. [...] But when he went home, he listened to vinyl.
Instead of fighting back with lawyers, den Breejen and the gallery have approached Parks himself to try to negotiate some kind of out-of-court agreement. Parks was already credited in the exhibition’s press release and in a booklet den Breejen distributed at the gallery, but soon he could be considered a collaborator — entitling him to a percentage of the proceeds. (Van Dyke’s manager did not respond to a request for comment.) Until the two sides settle their differences, the gallery has put on hold at least two sales inquiries
The transparency surrounding TPP must increase. If the public feels that the provisions included in TPP jeopardize the openness of the Internet, it will strongly oppose the adoption of TPP. To prevent this from happening, the negotiations concerning the IP chapter must become more transparent. Drafts must be made available online for public comment. The fact that in the past some trade negotiations have had little transparency is irrelevant. The SOPA experience demonstrates that a new era of public engagement in IP policy has begun
Internet users care deeply about its vitality. The overwhelming public opposition to SOPA and PIPA generated by just one day of online protests indicates that the members of the public will take strong and immediate political action to protect this medium which has become a central part of their lives at home, school, and work. IP, at least to the extent it intersects with the Internet, is no longer an issue of only narrow technical interest.
IP rules can have a significant impact on legitimate websites. The Internet democratizes commerce and communications. Platforms such as eBay or YouTube allow individuals and businesses of all sizes to reach large audiences and markets. But IP rules that place too heavy a legal burden on the platforms for user activities, as do SOPA and PIPA, will constrain the growth of this Twenty-First Century medium of trade and discourse. IP rules can affect international trade. The Internet does not recognize national boundaries. IP rules in one country can affect the operation of websites in another country. SOPA and PIPA would not only impose liability in the United States on non-U.S. websites that may be legal in their host countries; they also would interfere with the operation of these websites in their host countries. Provisions like SOPA and PIPA would allow countries – and indeed, individual companies – to erect trade barriers without following multilaterally agreed procedures with notice and due process.
Additionally, Yonjo Quiroa, 28, of Comstock Park, Mich., was arrested Wednesday by special agents with HSI. He is charged with one count of criminal infringement of a copyright related to his operation of websites that illegally streamed live sporting event telecasts and pay-per-view events over the Internet. Quiroa operated nine of the 16 streaming websites that were seized, and he operated them from his home in Michigan until yesterday's arrest. The website seizures during Operation Fake Sweep represent the 10th phase of Operation In Our Sites, a sustained law enforcement initiative targeting counterfeiting and piracy on the Internet. The 307 websites are in the process of being seized by law enforcement, and will soon be in the custody of the federal government. Visitors to these websites will then find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.