India Gearing Up To Fight ACTA; Seeking Other, Like-Minded, Countries
from the good-for-india dept
Meanwhile, others elsewhere are seeing problems as well. Ray Dowd, a copyright litigator who writes an excellent blog on copyright issues, is getting himself up to speed on ACTA and seems horrified by what he's reading. He admits that he expected that the scare stories online that he'd been reading would prove to be exaggerations, but he now thinks that people aren't concerned enough about ACTA:
So when I finally got around to reading the text of ACTA, I thought that I would find the concerns I'd seen floating around the internet to be a little overblown.He notes that he's all for a true anti-counterfeiting agreement, but he's surprised that the government is using this to shoehorn in all sorts of things that have nothing to do with copyright:
In fact, I think that the concerns of the EFF are understated. I am not so concerned about confidential negotiations to give trade representatives some time to brainstorm. But the text appears to be so one-sided as to appear to have been spoonfed by certain aggressive Hollywood rights-holders who don't think anyone can make fun of Mickey Mouse and that anyone crossing a border should be frisked for a fake Louis Vuitton handbag.
I am surprised that ISP's and technology users seem to have had so little input into the process.
What is counterfeiting? In my humble estimation, it is knowingly making large quantities of exact copies of a trademarked, patented, or copyrighted good with the intention of selling such large quantities to defraud consumers and the rights holders.His conclusion sums up what many of us have been saying for quite some time:
Thus, any anti-counterfeiting treaty would have the elements:
1. exact copies or copies intended to be so similar that a consumer could not tell the difference;
2. protected goods;
3. large quantities (500?) (2,000?);
4. intent to defraud consumers and rights holders.
Some kid copying stuff to his Ipod is not counterfeiting. Even 2,000 songs.
So anyone labeling a treaty "anti-counterfeiting" and that does not have the foregoing elements is trying to pull a scam on me.
ACTA appears to be an attempt to tie Congress's hands in terms of domestic copyright legislation, rather than a legitmate attempt to pursue counterfeiting.But, of course, according to various folks at the USTR and the Copyright Office, now that ACTA's been released, it's proven that all the "fears" from online sources were misguided. Right?