Politics

by Mike Masnick


Filed Under:
canada, eu



EU Keeps Pushing Canada To Make Massive Changes To IP Law, With No Concern For User Rights

from the if-not-acta,-then-ceta dept

While everyone's been focusing on ACTA, there are other (falsely named) "trade agreements" that are being discussed as well. Last year, we mentioned one that has mostly flown under the radar, involving the EU pressuring Canada to change its copyright laws, for the "Canada - EU Comprehensive Economic Trade Agreement" (CETA). Canada has come under some criticism for having copyright laws that the entertainment industry doesn't feel are "strong enough," and it looks like CETA is yet another attempt to change that.

Michael Geist reports on a recent leak of parts of CETA, and it's pretty extreme. As Geist notes:
The breadth of the demands are stunning -- the EU is demanding nothing less than a complete overhaul of Canadian IP laws including copyright, trademark, databases, patent, geographic indications, and even plant variety rights.
Jamie Love also has a nice analysis of the leaked documents, where he notes some of the rather telling language choices -- especially compared to the existing TRIPS agreement that concerns intellectual property. For example, in TRIPS, there's talk of balance and user rights, such as this statement in the objectives:
Objectives
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
As for CETA? The objectives are noticeably one-sided:
Objectives
The objectives of this chapter are to:
(a) facilitate the production and commercialization of innovative and creative products between the Parties; and
(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.
Yes, this is what is happening to intellectual property law these days. Now that the industry folks have basically taken over the process, they're pretty much throwing any semblance of the supposed "bargain" between creators and society out the window, and doing their best to turn intellectual property law into a purely one-sided deal, for the benefit of producers only.

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  • identicon
    Anonymous Coward, 30 Mar 2010 @ 2:15am

    Terminology FAIL

    "Yes, this is what is happening to intellectual property law these days."

    Why are you using the term "intellectual property law"?

    That's just marketing by monopolists to make people equate a regulatory privilege with physical ownership. By using it you're only perpetuating the misguided notion that copying is the same as theft.

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

  • icon
    Dementia (profile), 30 Mar 2010 @ 3:54am

    Certainly it's alarming, but this is surprising why??

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

  • icon
    Ima Fish (profile), 30 Mar 2010 @ 4:18am

    I've said it before, copyrights and patents are government granted monopolies. When governments are forced to expand these monopolies based upon unelected foreign pressures, the entire purpose of granting the monopolies becomes perverted. It's no longer about giving an incentive to create, it's about protecting the cashcows of international corporations.

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

  • icon
    Seshan (profile), 30 Mar 2010 @ 4:30am

    When I read articles like this it makes me frustrated at what these greedy bastards are trying to do.

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

  • identicon
    Anonymous Coward, 30 Mar 2010 @ 5:38am

    Language matters. As has been observed multiple times over the years in Techdirt, using the word "Property" reinforces the fallacy that drives the wrong-headed thinking about the incentives of those who create. I still like the term Steve R. used 2 years ago -- "Intellectual Monopoly". It is much more accurate, and it also does not lend itself to the deceptive conflation of "infringement" with "theft".

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

  • identicon
    NullOp, 30 Mar 2010 @ 6:16am

    CETA

    I really don't know who is greedier, the entertainment industry or Wall Street...

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

    • icon
      Richard (profile), 30 Mar 2010 @ 6:21am

      Re: CETA

      Wall street is greedier they want the biggest bucks possible - and they are prepared to slog for them, the entertainment industry is lazier they still want big bucks - but they want to avoid actual work...

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

  • icon
    mike allen (profile), 30 Mar 2010 @ 7:54am

    I still fail to see

    How all this s***t is going to help artists write better sonngs music or movie scripts or tv shows.
    copyright is anti inovation. I hope Canada tell the EU where to stick their agreement.

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

  • identicon
    NAMELESS.ONE, 30 Mar 2010 @ 8:26am

    From canada with love

    FUCK OFF

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

  • icon
    Joel (profile), 30 Mar 2010 @ 9:43am

    I want to see who this is helping..

    Can the starving artists who would have made some money please stand up or raise their hands??

    Incredible, can someone please explain to these people that they need to stop being greedy!! They are losing much more than they are gaining stop investing money in something so futile; even if CETA is adopted someone will find a way around it!!!!!

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

  • identicon
    NAMELESS.ONE, 30 Mar 2010 @ 9:53am

    ya its called hte handbomb

    i goto buddies offline and we trade
    see hollywood now you have no DPI ability

    haha and with lil wireless popups for short periods even if they make it illegal it will just have them running around far worse then after the drug dealers who btw they aren't catching very well either

    Ya prohibition never worked and unless you free knowledge and culture people will just go do an end run around you.

    BY there own stats there's like 6-8 million pirates in Canada
    YOUR telling 6-8 million people to get bent?

    NOT GONNA happen in the political climate the first party that shows us they are truly for us will get a MASSIVE NUMBER OF SEATS

    hear that you twit politicians in canada?

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

  • icon
    Nastybutler77 (profile), 30 Mar 2010 @ 10:26am

    What, exactly, does Canada get in return for this? It better be spectacular to compensate them for what they'd be giving up.

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

  • identicon
    NAMELESS.ONE, 30 Mar 2010 @ 12:33pm

    they get nothing and love it

    sck on eggs the EU says do it or else we will NOT buy your OIL , trees and other resources we desperately need

    says the 5$ a litre UK man, while canada pays 90 cents

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


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