Latest ACTA Text Seems To Conflict With Hard Fought New Language On Damages In Patent Reform Bill

from the but-it-won't-change-the-law... dept

Remember how the USTR and various lobbyists keep insisting that ACTA won’t change US law? Or even limit its flexibility in changing the law? Well, if you take the latest leak and the fact that the USTR is now admitting that it’s hoping ACTA will cover patents, and then look at the newly released patent reform bill, you’ll discover that, on the issue of damages, it certainly looks like the two are in conflict. This is pretty important, since the “damages” part of patent reform was the key stumbling block last year, with a lot of back and forth going into the development of the language. For the USTR to then come along and potentially screw that up with poorly thought out language in ACTA could be a big problem…

Filed Under: , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Latest ACTA Text Seems To Conflict With Hard Fought New Language On Damages In Patent Reform Bill”

Subscribe: RSS Leave a comment
Flakey says:

Acta the stinker

The more that comes to light about the ACTA plans, the more I understand why they don’t want transparency. Plain out, it’s a stinker that no reasonable country, nor it’s citizenry would really want.

This in a nutshell is becoming the apparent reason for all the secrecy. It’s not a national security issue, it’s a back room deal that reeks to high heaven. The planners of this treaty are trying hard to hide the dead skunk in the room with the comment of “what smell”.


they tried teh ACTA law calle dbill c61 and IT FAILED BADLY

that was and is about probably the most accurate way to look at what acta MAY in fact do

the extremely vague phrase
“technological protection measure” NOW belongs 100% to the manufacturer. YOU can’t thus modify , rmeove or tamper with the following as i argued:
Car door locks and doors
House locks and doors
if you lose a key for any padlock or other item you would be required to contact the manufacturer

NOT just a computer bill as its so vague the entire country said a resounding SCREW THIS BILL

and then came the govts claim that each download would ONLY be a 500$ fine not even understanding that every dvdrip aka xvid that is made form a dvdr whether in our out of copyright would break this law and GET YOU a 20000 $ fine

DONT pay your fine you can get time
max is one day per ten dollars
7 years for a tv ep? a music tune or a movie

ill get in argument with you and in heat a moment kill you and plead to a manslaughter charge and its max time is 7 years
thats right murderers getting same time as music down loaders leads us to this charter violation

look it up its a great example of how OUR rights are truly being trampled on by the hollywood economic terrorists

peasant says:

WTF ...

I feel like .. well, we have a monarchy, or Oligarchy. We have NO say in the laws that are imposed on us. We have been ROBBED by the royal families. We have seen democracy FAIL! Yet the talking heads on the news say “Everythings getting better” and not to question authority. In the face of an overwhelming 98% of citizens screaming NO we dont want to bail the banks out! then the king signs an “executive order”/Royal Decree and we’re told to shut up and fork over a few TRILLION dollars. Now… they want to put even MORE monopoly power into the hands of the top .01%. When did this happen? seriously?

This is not the country I grew up in. I promise you… this will become another game changing treaty, and you will never ONCE hear about it on the nightly news. ACTA further erodes the dwindling freedom of free markets. We.. the people, are goose stepping towards some sort of global totalitarianism.. Thats not tin foil hat theory, thats just whats going on… wow… This is just unacceptable.


its was badly types sorry this keyboard gets to me fo rhaving to POUND hte keys

and yet they tried to put out language like that , that was setup and very vague
anbd suddenly that same media that is pro IP , also came ot the rescue posting articles on how bad it was.

BUT ill say it. IT wasn’t until a few of us started pointing out to regular joes that that vagueness would criminalize literally the entire country that it get attention and this is where i and mister geist parted company as at that time he liked for some odd reason the phrase TPM , when at a year earlier we already went through the hoops and everyone said it was nothing more hten hard ware based DRM and that cracking the hardware via by pass once done negated and was doable so why bother.

and im all over th enet and tired some times just do yoru own editing im sure you get the hint of how bad it was and how angry such shit makes me feel.

that IP side has lawyers they have smart people they KNEW this was bad and tried to see if they could slide it past a smart populace thats very wired into reality.

YOU wont see acta changes laws in canada ever due to the political climate having splintered parties we now have.

it won’t happen unless the liberals and conservatives merge and hte hat on between them is growing, but they both favor these laws and its actually harming both and they dont get it. The longer we last the harder it is for them to do this crap. CAUSE it starts to show proof of all the things that negate there reasoning.

what again does 50 year copyright do for you citizen and think they want 80 years now all a sudden and no one but the lobby wants it. AND the last mpaa supporter who ran as a mpaa supporter in Canada’s largest city LOST HER SEAT.

Anyone saying prior to running they support the mpaa or riaa beware. We should be asking each candidate.

Hephaestus (profile) says:

Re: Re:

Actually I hope the worst happens with ACTA. Remember the saying “be carefull of what you wish for, for you may surely get it” it holds true here. The media distribution industry is a small fraction of the total economy. I have no numbers but its somewhere below 1% of the total economy when all businesses are figured in with efficiencies are applied.

You have a chart with decreasing profits for the media distribution industries. You have a chart for the collection agencies that is soon going to max out, and has in some cicumstances maxed out on profits. They will be squeezed from the technological side, contractually, and by the systems they have and are setting up to maintain profits.

Its a classic case of being painted into a corner. Whats funny is they are the painter.

Anonymous Coward says:

How helpful of the good folks at KEI to muse about a trade agreement that is being negotiated and a recently submitted bill that is still before a Senate Committee and a long way off from being passed, if ever, by both it and the House and signed by the President.

Last time I looked nobody at KEI had more that a passing familiarity with Title 35, much less associated case law articulating its metes and bounds.

Reminds me somewhat of a TV show long ago know as “Amateur Hour”.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...