Is The US Caving On ACTA? Or Is It Just A Trick?
from the could-it-be? dept
While we all wait patiently for the latest ACTA draft to leak (and, really, it makes no sense that it’s not being released officially, since it will be leaked shortly anyway), there are reports spreading that the US has caved on some of the more controversial copyright sections it had supported, including both DMCA-like anti-circumvention and secondary liability for copyright infringement (i.e., a potential forcing of three strikes laws). Unfortunately, others are suggesting that this is not necessarily the case, as the US may have agreed to remove some language, but that the changes may not be as much of a capitulation as the earlier reports stated. That is, the US may have changed the language around to look like they were ditching secondary liability, but left in language that will still probably lead to the same thing:
So one real possibility here is that the U.S. agrees to strip out section 3’s notice and take down requirement only to later interpret such a requirement to the be only logical way to meet what is left in section 1 and 3 quarter. All members will be expected to, and through the Special 301 process, sanctioned if they don’t, adopt notice and take down -like requirements.
Filed Under: acta, secondary liability
Comments on “Is The US Caving On ACTA? Or Is It Just A Trick?”
Sleight of Hand
Ahh, the whole now you see it , now you don’t trick from our government.
Aren't we a little early...
for trick or treat? To bad that with the government it is almost always ‘Trick’
Re: Aren't we a little early...
They almost always ‘trick’ us but remember they ALWAYS treat us with the bill.
Re: Re: Aren't we a little early...
“treat us with the bill”? yeah right, more like torture us until we find a way to bypass it.
Naturally, ACTA will just go away once Glenn Beck takes back America and the GOP is back in charge.
We know that the Republicans care about keeping the Internet “free”.
Dopey Americans, watch what the next two years will bring when you “Save America” by electing Republicans.
There is no caving, there is only weaseling.
ACTA ... Yeah what ever ....
In the US it won’t stand upto either first amendment challenges, wire tap laws, or the fact that people are getting fed up with a never ending series of stupid govenment laws based on corporations wants and needs.
In the EU you have entire nations that rebel at government intrusions, EU law, and just plain annoyance at how government is acting in concert with businesses.
In the rest of the world India, China, SK, etc no one care enough to do anything. China 95% infringement (music, video, software), SK 92% infringement (music, video, software), India 97% infringement (music, video, software).
Yeah we know Obama will sign it, he is a crony of the unions, content, and california. But what good will it do?
Re: ACTA ... Yeah what ever ....
You say that now, but we already have most of these things in place from the DMCA.
We need judges to interpret this as unconstitutional.
How are we going to fight it if a few judges don’t yet understand the severity of the document?
Re: Re: ACTA ... Yeah what ever ....
We actually don’t need the courts to do anything, only for business purposes if people want and industry, as for the people, they don’t need any protection at all.
Here are some thoughts.
Photosynth from Microsoft showed people the way to reconstruct 3D objects from thousands of images, but actually can be used to reconstruct anything from video to audio from small snippets that are all fair use today, will those people forbid 1 frame from being posted on flickr or one second sound being upload somewhere this bypass all know filters today and there is no legal frame in place to stop it. Can anybody see them trying to criminalize pieces of data store anywhere? People could trade file mappings that would show how to reconstruct some piece of data from readily available data on the internet, is just nobody thought of doing it yet but give it time.
Privacy and cameras, people forget that cameras can be fouled simple by applying paint to your face, will authorities forbid make-up? I can see a lot of angry women.
That one can make a good protest, can you see a day where a lot of people paint patterns in their faces to confuse facial recognition software?
It will be better if they name it 2 strikes plus 1. Then we’ll feel as if we are getting a bonus.