U.S., Korea, Singapore, Denmark, Germany, Belgium And Portugal: Against ACTA Transparency

from the and-why? dept

One of the biggest issues in discussing ACTA is the rampant secrecy behind the negotiations. We’ve heard calls from many different politicians to get rid of the secrecy and be more transparent, but we hadn’t heard who was against the transparency (other than some industry lobbyists who, in theory, shouldn’t have much say in this). The only statement came from the USTR, who claimed that countries would leave the negotiating table if the text were made public — but wouldn’t say who or why.

Well, now we know who. A leaked document highlights which countries are against transparency and the list includes Belgium, Portugal, Germany, Denmark, South Korea and Singapore. Many other countries — headed by the UK — have been in support of opening up the process and being more transarent. Among those in favor of transparency are the Netherlands, Sweden, Finland, Ireland, Hungary, Poland, Estonia, Austria, Canada, Australia and New Zealand. And then there’s the US, who simply claims it’s being transparent, but apparently refuses to take a stand on transparency in the negotiations (why should it — when those negotiations themselves are secret). Apparently the real stickler for secrecy is Denmark, which perhaps isn’t that surprising. While there are many Danish people who are fighting the copyfight, Denmark’s “anti-piracy” organization has been among the most aggressive in suing pretty much anyone, and demanding all sorts of sites be shut down or blocked. Unfortunately, it sounds like they’re now the main blockers in keeping the ACTA process secret.

But, of course, for all that attempted secrecy, the documents keep leaking, and they’re definitely problematic. It seems like it’s time for the supporters of transparency to stand up to Denmark and the others and tell them that if they don’t want the process to be transparent, then they should walk away from the agreement. And, in the meantime, it’s time for the USTR to stop pretending it’s being transparent and to actually support real transparency in these negotiations.

Update: And another report points out that “Italy and France fear retaliation” from the US if they vote for transparency…

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Comments on “U.S., Korea, Singapore, Denmark, Germany, Belgium And Portugal: Against ACTA Transparency”

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42 Comments
Anonymous Coward says:

Indentured Servitude expanded to customers

Make no mistake, ACTA is on the lips of everyone within the media industry, yet there’s no coverage of it in the media because it’s actually a “Media Profits Management” bill. Do you challenge the hand that feeds you? No.

Management of creatives has always been an issue with ensuring they continue to make depressed wages being at the forefront. In the 1940s, actors and artists lived as indentured servants. This ultimately lead to unionization, multiple guilds, as well as multiple levels of legally recognized royalties and rights, all outside of the original intent of the USPTO and Thomas Jefferson’s original concept behind creation of the USPTO. ACTA exists to seek substantiate a need for management control, driven by profits. Because they’ve squeezed their employees so hard for the sake of short-term profits, they need to expand to control their consumers. Make no mistake about that.

You can bet that people in management don’t care. As long as they can find someone to pay slightly above minimum wage, they don’t care what creative talent they bring to the table.

I am lucky enough to find a group of people that pay me on my creative worth. It’s this model that they’re fighting against. As long as they can continue to depress wages, and legitimize finding new revenue sources so they can afford the house with the two swimming pools, they have no problem controlling whoever is a part of their product foodchain. There’s no stopping them.

This is the core of what ACTA is about.

Anonymous Coward says:

Re: So much for the land of the free...

“Why are we not more angry?”

Because none of you have worked for a media company. The only people who actually make money are senior management.

Middle managers are usually given shit budgets and are basically told to polish a turd into gold. But what you’re given is unbridled promotion from the network. Point is, if you’re willing to work for minimum wage for ten years, you may make middle management.

What’s the problem? All the crappy levels of additional management that haven’t been sent off into the sea like the studio system and have outlived their usefulness. Make no mistake, it still exists today!

I am so pissed that I lost one of my best editors earlier this week. They wanted to make another dollar an hour. But is it in my budget? NO. Do you think I don’t recognize talent? YES. Is it my fault that they got into that situation? NO.

I’d rehire them back in an instant, and that’s the truth, and the existing model is completely broken, and controlled only by a handful of people who don’t interface with the creatives.

Anonymous Coward says:

Re: Why?

“Cuz they don’t want people to know of course! Duh. Would you?”

Lets do something about that.

———————————————–

Dear Mr Botnet Owner

Currently you are pretty much free to spam the planet. After ACTA is passed your botnets will come under much greater scrutiny. ISPs will be forced to monitor everything that goes on their networks so as to not face secondary liability. They would also eventually face criminal charges. This monitoring will make it much harder for you as a botnet owner to survive and thrive. So it is in your best interest to e-mail the full text of the leaked document to everyone you can.

Signed

ThinkingOutsideTheBox

———————————————–
What you as a botnet owner should e-mail people
———————————————–

Dear Citizen of a soon to be more oppresive government

ACTA is the Anti-Counterfeiting Trade Agreement

1) ACTA is being negotiated in secret on behalf
of the Media distribution companies (Newpapers,
Record Labels, TV Studios, and Movie Studios),
and Pharmacutical companies.
2) You can be kicked off the internet based on
accusations and with no due process.
3) Your ISP will be forced to monitor all your
communications without a warrant.
4) Your website can be taken down based on an
accusation of infringement without any proof.
5) Making back up copies of your DVDs will be
a criminal offense and you can face jail time.
6) If you are accused of copyright infringement
3 times you can be disconnected from the
internet.
7) The secondary liability will require
everything you post online to be checked by a
lawyer.
8) There will be no way to protest or appeal
any of laws ACTA will cause to be implemented.

Read the Following Leaked Document and tell
your friends and family. Contact you local
politician and demand that ACTA to be
opened up for public comment. Google
for “Anti Counterfiet Trade Agreement” and
“ACTA”.

———————————————–
Full text of leaked document
———————————————–

ACTA (Anti Counterfiet Trade Agreement) internet section

Article 2.17: Enforcement procedures in the digital environment
1. Each Party shall ensure that enforcement procedures, to the extent set forth in the civil and
criminal enforcement sections of this Agreement, are available under its law so as to permit
effective action against an act of, trademark, copyright or related rights infringement which
takes place by means of the Internet, including expeditious remedies to prevent infringement
and remedies which constitute a deterrent to further infringement.
2. Without prejudice to the rights, limitations, exceptions or defenses to copyright or related
rights infringement available under its law, including with respect to the issue of exhaustion
of rights, each Party confirms that civil remedies, as well as limitations, exceptions, or
defenses with respect to the application of such remedies, are available in its legal system in
cases of third party liability1 for copyright and related rights infringement.2
3. Each Party recognize that some persons3 use the services of third parties, including online
service providers,4 for engaging in copyright or related rights infringement. Each Party also
recognizes that legal uncertainty with respect to application of intellectual property rights,
limitations, exceptions, and defenses in the digital environment may present barriers to the
economic growth of, and opportunities in, electronic commerce. Accordingly, in order to
facilitate the continued development of an industry engaged in providing information
services online while also ensuring that measures take adequate and effective action against
copyright or related rights infringement are available and reasonable, each Party shall:
(a) provide limitations5 on the scope of civil remedies available against an online
service provider for infringing activities that occur by:
(I) automatic technical processes and
(II) the actions of the provider’s users that are not directed or initiated by
that provider when the provider does not select the material, and
(III) the provider referring or linking users to an online location
when, in cases of subparagraphs (II) and (III), the provider does not have actual
knowledge of the infringement and is not aware of the facts or circumstances from
which infringing activity is apparent; and
(b) condition the applicantion of the provisions of subparagraph (a) on meeting
the following requirements:
(I) an online service provider adopting and reasonably implementing a
1 For greater certainty, the Parties understand that third party liability means liability for any person who authorizes
for a direct financial benefit, induces through or by conduct directed to promoting infringement, or knowingly and
materially aids, any act of copyright or related rights infringement by another. Further, the parties also understand
that the application of third party liability may include consideration of exceptions or limitations to exclusive rights
that are confined to certain special cases that do not conflict with a normal exploitation of the work, performance or
phonogram, and do not unreasonably prejudice the legitimate interests of the right holder, including fair use, fair
dealing, or their equivalents.
2 Negotiator’s Note: This provision is intended to be moved and located in the civil enforcement section.
3 For purposes of this Article, person means a natural person or an enterprise.
4 For purposes of this Article, online service provider and provider mean a provider of online services or network
access, or the operators of facilities therefor, and includes an entity offering the transmission, routing, or providing
of connections for digital online communications, between or among points specified by a user, of material of the
user’s choosing, without modification of the content of the material as sent or received.
5 For greater certainty, the Parties understand that the failure of an online service provider’s conduct to qualify for a
limitation of liability under its measures implementing this provision shall not bear adversely on the consideration of
a defense of the service provider that the service provider’s conduct is not infringing or any other defense.
policy6 to address the unauthorized storage or transmission of materials protected by
copyright or related rights except that no Party may condition the limitations in
subparagraph (a) on the online service provider’s monitoring its services or affirmatively
seeking facts indicating that infringing activity is occurring; and
(II) an online service provider expeditiously removing or disabling access
to material or activity, upon receipt of legally sufficient notice of alleged infringement, and
in the absence of a legally sufficient response from the relevant subscriber of the online
service provider indicating that the notice was the result of a mistake or misidentification.
except that the provisions of (II) shall not be applied to the extent that the online service
provider is acting solely as a conduit for transmissions through its system or network.
4. In implementing Article 11 of the WIPO Copyright Treaty and Article 18 of the WIPO
Performances and Phonograms Treaty regarding adequate legal protection and effective legal
remedies against the circumvention of effective technological measures that are used by authors,
performers or producers of phonograms in connection with the exercise of their rights and that
restrict unauthorized acts in respect of their works, performances, and phonograms, each Party shall
provide civil remedies, as well as criminal penalties in appropriate cases of willful conduct that
apply to:
(a) the unauthorized circumvention of an effective technological measure7 that controls
access to a protected work, performance, or phonogram; and
(b) the manufacture, importation, or circulation of a technology, service, device, product,
component, or part thereof, that is: marketed or primarily designed or produced for the
purpose of circumventing an effective technological measure; or that has only a limited
commercially significant purpose or use other than circumventing an effective technological
measure.
5. Each Party shall provide that a violation of a measure implementing paragraph (4) is a
separate civil or criminal offense, independent of any infringement of copyright or related rights.8
Further, each Party may adopt exceptions and limitations to measures implementing subparagraph
(4) so long as they do not significantly impair the adequacy of legal protection of those measures or
the effectiveness of legal remedies for violations of those measures.9
6. In implementing Article 12 of the WIPO Copyright Treaty and Article 19 of the WIPO
Performances and Phonograms Treaty on providing adequate and effective legal remedies to
protect rights management information, each Party shall provide for civil remedies, as well as
criminal penalties in appropriate cases of willful conduct, that apply to any person performing any
of the following acts knowing that it will induce, enable, facilitate, or conceal an infringement of
any copyright or related right:
6 An example of such a policy is providing for the termination in appropriate circumstances of subscriptions and
accounts in the service provider’s system or network of repeat infringers.
7 For the purposes of this Article, effective technological measure means any technology, device, or component that,
in the normal course of its operation, controls access to a protected work, performance, phonogram, or protects any
copyright or any rights related to copyright.
8 The obligations in paragraphs (4) and (5) are without prejudice to the rights, limitations, exceptions, or defenses to
copyright or related rights infringement. Further, in implementing paragraph (4), no Party may require that the
design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or
computing product provide for a response to any particular technological measure, so long as the product does not
otherwise violate any measures implementing paragraph (4).
9 Negotiator’s Note: This provision is subject to broader government action/sovereign immunity provision elsewhere
in the Agreement.
(a) to remove or alter any rights management information10 without authority; and
(b) to distribute, import for distribution, broadcast, communicate, or make available to the
public, copies of the works, performances, or phonograms, knowing that rights management
information has been removed or altered without authority.
7. Each Party may adopt appropriate limitations or exceptions to the requirements of
subparagraphs (a) and (b) of paragraph (6).
10 For the purposes of this Article, rights management information means:
(a) information that identifies a work, performance, or phonogram; the author of the work, the performer of the
performance, or the producer of the phonogram; or the owner of any right in the work, performance, or phonogram;
(b) information about the terms and conditions of the use of the work, performance, or phonogram; or
(c) any numbers or codes that represent such information.
When any of these items is attached to a copy of the work, performance, or phonogram or appears in connection with
the communication or making available of a work, performance, or phonogram to the public.

TDR says:

Re: Re: Re: Ah zhe Belgium/Christian Idiots

And your response is no less bigoted. Generalizations are always wrong. Unless you’re omnipotent and all-knowing, you have no right to say what an entire group of people is like based on your interactions with only a minuscule percentage of them. Now either apologize or please leave.

Anonymous Coward says:

Re: Re: Re: Ah zhe Belgium/Christian Idiots

I consider myself a Catholic Man, but when you work for a supposed Christian organization and someone says that the company is going under because the investor had to silence too many lawsuits due to priests fucking children, well…

Makes you wonder about them Catholics, no?

TDR says:

Re: Re: Re:3 Ah zhe Belgium/Christian Idiots

And so you blindly believe the speaker without any additional confirmation or research? And you call yourself informed…

Oh and btw, Catholics aren’t the entirety of the Christian faith. Just thought you should know. Besides, Africa isn’t the whole world either, and accusation is not equal to guilt. I’m sure many cases are/were wrongfully brought for many reasons. But with an anti-Christian agenda such as you’ve shown yourself to have, it would be hard for you to consider such possibilities.

And one other thing: judge the followers by the faith, not the faith by the followers. Unless it’s really the faith you fear, and not the followers. Then it’s the fear that needs to be addressed first.

Anonymous Coward says:

Re: Secrecy is our friend on this

Well, the US as a country could enmasse decide to not observe the laws enacted behind secret doors.

This would be the equivalent of a “motion of no confidence” on leadership that enacts it. If President Obama wants to be remembered this way, well, so be it.

If it wasn’t observed by Congress, I say it didn’t happen at all.

It’s just like how the we declare wars with a (laugh out loud) majority of congress.

Fucking BUSH-IT.

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P.devadanam (user link) says:

ministries support us

Dearly Brother in Christ,

Greeting to you in the name of our lord and savior Jesus Christ.

Hope that you , your family members would in good health, I and my family are keeping for your long charity in our prayers,

I have received your famous address from a Brother in India. I am introducing myself as a Pastor Devadanam Perika a Gospel Worker. I am having wife and three children. My wife is also cooperating with me in the lord?s service. I am doing the Lords service in Challapalli and its surroundings areas are some denominations preachers here that are having solid temples in this area. They are always suppressing the Truth in this area. But I am gravely attaching through the scriptures them in this area. I am getting so many troubles by them. Any how I could not leave the Lord?s work because I was established from the beginning in the truth (John 17:17)

Kindly pray for all my troubles. I am indigent and am not support from any side. Please keep this one also in your prayers. Poor widows and orphans are also in this area. Please pray for them (James 1:27).

So many poor people are here and they hand no proper house for living in this area. Some time they are starving. I am feeling very much for this event. I and my wife are visiting all of their houses and conducting prayers, for them (Proverbs 22:9, 19:17).

Some time I and my wife going by walk many villages to preach the word of god because at least I have no bicycle if you possible kindly provide a bicycle to go to place to place to preach the word of God.

In this connection I would like to inform you that they are not having sufficient clothing. It is very tragedy. As myself is also poor, entirely depending upon the offerings, I am unable to help them.

I therefore kindly request you to pray for them at your prayers. If possible to you please send some used clothes for these area people. Also request you to convey this need to your known brothers and sisters and try to help them without fail. I am sending my work photos.

Thanking you,

Yours brother in Christ

Pastor P devadanam
Good Samaritan baptist Ministries

1st Ward, Challapalli,

Challapalli ? 521126. south india

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