by Mike Masnick

Filed Under:
acta, damages, patent reform, patents

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...

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  • identicon
    Flakey, 8 Mar 2010 @ 7:02pm

    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".

    reply to this | link to this | view in chronology ]

  • identicon
    NAMELESS.ONE, 8 Mar 2010 @ 7:18pm

    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

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 8 Mar 2010 @ 8:15pm

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

      Why do I get the feeling you're some sort of strawperson set up to make the patent/copyright/acta supporters look better?

      reply to this | link to this | view in chronology ]

  • identicon
    Allen, 8 Mar 2010 @ 8:42pm

    "and potentially screw that up with poorly thought out language in ACTA"

    I would think that the language was very well thought out with intent to force the outcome you fear.

    But maybe I'm just being cynical or paranoid or something...

    reply to this | link to this | view in chronology ]

  • identicon
    peasant, 8 Mar 2010 @ 10:26pm

    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.

    reply to this | link to this | view in chronology ]

    • icon
      Chargone (profile), 9 Mar 2010 @ 6:48am

      Re: WTF ...

      actually, the USA regularly gets screwed over by this more than a lot of actual monarchies seem to. (to be fair, they're constitutional monarchies with a parliamentary democracy, but still)

      but yeah, the USA is a bureaucratic republic. possibly a bureaucratic oligarchy, too.

      it's certainly not really a democracy.

      reply to this | link to this | view in chronology ]

  • identicon
    NAMELESS.ONE, 8 Mar 2010 @ 11:20pm

    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 groklaw.net 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.

    reply to this | link to this | view in chronology ]

  • icon
    packrat (profile), 9 Mar 2010 @ 4:35am


    that actra thing is a LOT worse than you think. Scrappers can steal, legalize and shut down content providers..

    all copyright gov't info can be DMCA'd and shutdown

    patent wars wil (big momma) S'MOTHER competation

    Money is the only thing better protected, and the penilities are equal to murder.

    reply to this | link to this | view in chronology ]

  • icon
    crade (profile), 9 Mar 2010 @ 10:03am

    Not only will it not require a change in U.S. law, it won't require a change in *any* of the countries laws that are involved! Therefore, I predict it will be completely blank.

    reply to this | link to this | view in chronology ]

    • icon
      Hephaestus (profile), 9 Mar 2010 @ 6:17pm


      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.

      reply to this | link to this | view in chronology ]

  • icon
    TtfnJohn (profile), 9 Mar 2010 @ 8:48pm

    They could end up redefining a phrase...

    too clever by half which, in part, means someone some so enamoured of their cleverness that they end up fooling no one but themselves.



    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Mar 2010 @ 9:11pm

    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".

    reply to this | link to this | view in chronology ]

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