by Mike Masnick

Filed Under:
acta, secondary liability

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.

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  • identicon
    GrinningFool, 27 Aug 2010 @ 6:34pm

    Sleight of Hand

    Ahh, the whole now you see it , now you don't trick from our government.

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

  • icon
    BearGriz72 (profile), 28 Aug 2010 @ 2:19am

    Aren't we a little early...

    for trick or treat? To bad that with the government it is almost always 'Trick'

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

  • icon
    PopeRatzo (profile), 28 Aug 2010 @ 4:31pm

    Of course

    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.

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

  • identicon
    Anonymous Coward, 28 Aug 2010 @ 6:43pm

    There is no caving, there is only weaseling.

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

  • icon
    Hephaestus (profile), 28 Aug 2010 @ 9:02pm

    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?

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

    • icon
      Jay (profile), 29 Aug 2010 @ 7:22am

      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?

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

      • identicon
        Anonymous Coward, 29 Aug 2010 @ 2:49pm

        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?

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

  • identicon
    Pixelation, 29 Aug 2010 @ 9:05am

    It will be better if they name it 2 strikes plus 1. Then we'll feel as if we are getting a bonus.
    ACTA whack-a-mole.

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

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