by Mike Masnick
Tue, Sep 7th 2010 2:53am
I imagine it will come as little surprise to anyone, but over the weekend, the latest draft of ACTA leaked. You can read it in wiki format over here. While it is "cleaned up" a lot from the last version, and appears close to being done, there are still some pretty big areas of disagreement. Specifically, the EU is still holding out for ACTA to cover patents as well as copyrights and trademarks, while the US doesn't want patents included for a variety of reasons. Also, as expected, the US has dropped explicit secondary liability language, but includes plenty of other vague language about anti-circumvention and "cooperative efforts within the business community," that you should be worried about. The "cooperative efforts" is code words for "ISPs should become entertainment industry cops." It's not direct secondary liability, but there's enough wiggle room there that it won't take long for the entertainment industry and its "friends" to start pointing out that ISPs that don't kick people off the internet, or don't hand over names of people, aren't making those "cooperative efforts." Just wait and see. In the meantime, considering the amount of research that has come out this year alone suggesting that neither counterfeiting nor copyright infringement are the big problems they're made out to be, why hasn't anyone asked the participating countries to explain why ACTA is needed in the face of this new evidence?
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