Looks like the Anti-Counterfeiting Trade Agreement (Acta) in Europe is being pushed through, I must admit I dont know anything about this or the implications if any, but i doubt it's as a bad as SOPA.
http://www.bbc.co.uk/news/tech.....y-16757142
Re: Acta being pushed through
The big bad thing about SOPA is that a non-American could be sued in an American court. That does not seem to apply here.
I"ve checked out the text, and to this non-lawyer"s eyes it seems fairly harmless.
They can destroy your computer if you are guilty, and they can take it away on suspicion, but then they have to pay compensation if you"re innocent. Rights holders can get your personal details from the ISP with a court order (which is not new in the UK at least.)
The only parts I don"t like are the clauses related to "Effective Technological Measures". Those are the copyright protection stuff put on CDs and DVDs. I"m not enough of a lawyer to parse footnote 14 on page 16 and determine whether circumvention of ETM is allowed in order to enjoy the fair-use/fair-dealing rights of consumers. For example, is it legal to watch a DVD on a Linux PC.
I"ve checked out the text, and to this non-lawyer"s eyes it seems fairly harmless.
They can destroy your computer if you are guilty, and they can take it away on suspicion, but then they have to pay compensation if you"re innocent. Rights holders can get your personal details from the ISP with a court order (which is not new in the UK at least.)
The only parts I don"t like are the clauses related to "Effective Technological Measures". Those are the copyright protection stuff put on CDs and DVDs. I"m not enough of a lawyer to parse footnote 14 on page 16 and determine whether circumvention of ETM is allowed in order to enjoy the fair-use/fair-dealing rights of consumers. For example, is it legal to watch a DVD on a Linux PC.
Re: Acta being pushed through
I don't think ACTA is harmless. Here are my concerns:
1. Threat to British Innovation: investors will be reluctant to invest in UK Internet start-ups (this talk is on SOPA, but I believe the same applies to ACTA: http://bigthink.com/ideas/42035).
2. Harmful to the British Economy: in these times of austerity, I believe ACTA will make every day things much more expensive because behind the scenes companies will be using the mechanisms within ACTA against their competitors. One example that immediately springs to mind is the cost of running the NHS. I don't think it's a far stretch to imagine many legal 'generic drugs' being re-classified as 'counterfeit drugs' under ACTA. This would result in a massive increase in the cost of running the NHS.
3. Wave of US style litigation: Any country legally bound to ACTA will have to promptly divulge the personal details of any "alleged IP rights infringer" at the request of a rights-holder. I believe if ACTA passes, we will see a wave of US companies suing UK/EU citizens. We will not, however, see UK/EU rights-holders suing alleged US infringers as ACTA will not be legally binding in the US (the US will not ratify it as it violates existing laws/constitutional safeguards). It's another non-reciprocal treaty that was formed and promoted by US companies, and that favours US companies.
4. The UK/EU will lose the ability to shape and form its own IP laws. What works in the US doesn't necessarily work in the UK/EU. Regardless, if ACTA is ratified, the "ACTA Committee" will dictate future UK/EU intellectual property laws.
I believe the mechanisms within ACTA could even be used against the Raspberry Pi project (after all, Raspberry Pi uses Linux, and Microsoft claims Linux violates a number of its patents).
I don't think it's 'harmless' at all, and I for one would like my government to conduct a thorough impact analysis before ratifying this treaty ("impact analysis" - not just an ECJ opinion).
1. Threat to British Innovation: investors will be reluctant to invest in UK Internet start-ups (this talk is on SOPA, but I believe the same applies to ACTA: http://bigthink.com/ideas/42035).
2. Harmful to the British Economy: in these times of austerity, I believe ACTA will make every day things much more expensive because behind the scenes companies will be using the mechanisms within ACTA against their competitors. One example that immediately springs to mind is the cost of running the NHS. I don't think it's a far stretch to imagine many legal 'generic drugs' being re-classified as 'counterfeit drugs' under ACTA. This would result in a massive increase in the cost of running the NHS.
3. Wave of US style litigation: Any country legally bound to ACTA will have to promptly divulge the personal details of any "alleged IP rights infringer" at the request of a rights-holder. I believe if ACTA passes, we will see a wave of US companies suing UK/EU citizens. We will not, however, see UK/EU rights-holders suing alleged US infringers as ACTA will not be legally binding in the US (the US will not ratify it as it violates existing laws/constitutional safeguards). It's another non-reciprocal treaty that was formed and promoted by US companies, and that favours US companies.
4. The UK/EU will lose the ability to shape and form its own IP laws. What works in the US doesn't necessarily work in the UK/EU. Regardless, if ACTA is ratified, the "ACTA Committee" will dictate future UK/EU intellectual property laws.
I believe the mechanisms within ACTA could even be used against the Raspberry Pi project (after all, Raspberry Pi uses Linux, and Microsoft claims Linux violates a number of its patents).
I don't think it's 'harmless' at all, and I for one would like my government to conduct a thorough impact analysis before ratifying this treaty ("impact analysis" - not just an ECJ opinion).
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S0litaire
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Re: Acta being pushed through
Most of the new "IP" laws have been written where they "Assume Guilt"
So the defendant has to "Prove their innocence" rather than the plaintiff "Proving Guilt"
Which is the reverse of most of the Legal systems in the western world (except France which has a "presumption of guilt" legal system !?!!? I think ?!?!?!)
This puts the defendant in a VERY compromised position, since they have to have the finances to mount a defence and go up against Multi-National Corporations (that pay their Lawyers in a week, what most of us make in a year!)
As well as proving their innocence (which is a lot harder that proving guilt).
So the defendant has to "Prove their innocence" rather than the plaintiff "Proving Guilt"
Which is the reverse of most of the Legal systems in the western world (except France which has a "presumption of guilt" legal system !?!!? I think ?!?!?!)
This puts the defendant in a VERY compromised position, since they have to have the finances to mount a defence and go up against Multi-National Corporations (that pay their Lawyers in a week, what most of us make in a year!)
As well as proving their innocence (which is a lot harder that proving guilt).
--
Laters
Bill "Solitaire" C
Anáil nathrach, ortha bhas betha, do cheol déanta
Laters
Bill "Solitaire" C
Anáil nathrach, ortha bhas betha, do cheol déanta
Re: Acta being pushed through
The good news is that if *any* EU country rejects the treaty, it is moot as far as the *entire* EU is concerned. It looks like several EU countries are finding a bad taste in their mouths with this, and the EU Parliament - who would also need to approve it before ratification could begin - is also at least somewhat skeptical of it.
So as EU citizens, we have the opportunity to write to our MPs *and* MEPs about this. A real letter, in your own words, with a real postage stamp - that gets the best results. That is what democracy is all about.
So as EU citizens, we have the opportunity to write to our MPs *and* MEPs about this. A real letter, in your own words, with a real postage stamp - that gets the best results. That is what democracy is all about.
The key to knowledge is not to rely on people to teach you it.
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S0litaire
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Re: Acta being pushed through
rurwin said:
The only parts I don"t like are the clauses related to "Effective Technological Measures". Those are the copyright protection stuff put on CDs and DVDs. I"m not enough of a lawyer to parse footnote 14 on page 16 and determine whether circumvention of ETM is allowed in order to enjoy the fair-use/fair-dealing rights of consumers. For example, is it legal to watch a DVD on a Linux PC.
In the UK their has NEVER been a "fair use" clause in regards to copyright (technically making a backup of your disks is breaking the law, unless a "backup" provision is specified in the EULA. then it's never actioned against.)
It's still illegal to break the DCSS/DRM on a DVD/Blu-Ray for playback on a Linux machine, unless you buy the licence to do so.
You CAN buy legal Linux DVD playback software, but not Blu-Ray software at the current time.
The only parts I don"t like are the clauses related to "Effective Technological Measures". Those are the copyright protection stuff put on CDs and DVDs. I"m not enough of a lawyer to parse footnote 14 on page 16 and determine whether circumvention of ETM is allowed in order to enjoy the fair-use/fair-dealing rights of consumers. For example, is it legal to watch a DVD on a Linux PC.
In the UK their has NEVER been a "fair use" clause in regards to copyright (technically making a backup of your disks is breaking the law, unless a "backup" provision is specified in the EULA. then it's never actioned against.)
It's still illegal to break the DCSS/DRM on a DVD/Blu-Ray for playback on a Linux machine, unless you buy the licence to do so.
You CAN buy legal Linux DVD playback software, but not Blu-Ray software at the current time.
--
Laters
Bill "Solitaire" C
Anáil nathrach, ortha bhas betha, do cheol déanta
Laters
Bill "Solitaire" C
Anáil nathrach, ortha bhas betha, do cheol déanta
Re: Acta being pushed through
In Canada the government is working on Bill C-30
http://en.wikipedia.org/wiki/P.....o_the_bill
Perhaps a well intentioned law but as stated on the wikipedia site
"The bill would grant authorities new powers to monitor and track the digital activities of Canadians in real-time, require service providers to log information about their customers and turn it over if requested, and make back doorentrances mandatory allowing remote access of individuals' electronics, each without needing a warrant"
http://en.wikipedia.org/wiki/P.....o_the_bill
Perhaps a well intentioned law but as stated on the wikipedia site
"The bill would grant authorities new powers to monitor and track the digital activities of Canadians in real-time, require service providers to log information about their customers and turn it over if requested, and make back doorentrances mandatory allowing remote access of individuals' electronics, each without needing a warrant"
Re: Acta being pushed through
I hate to break the news to you but people in the UK can already get sued and shipped here to the US if they break a US law. The law is supposed to work both ways but so far I have only seen people from the UK the tried here and not the other way around. One was that guy who hosted all that television content (well his trial is still pending, but a judge in the UK decided that he was elegable to be extrodited.) The other guy was a UK business man who sold some batteries to a person who appeared to be in the USA and later his batteries were fround in Iran, therefore he violated (I think) US trade embargos (could have been another law I dont recall) with Iran. He was sucessfuly tried and fined for something he earned very little proffit on (way to screw a small business owner.)