Legal Issues

by Mike Masnick


Filed Under:
acta, copyright, ron wyden, us laws



Senator Wyden Asks Congressional Research Service To Determine If ACTA Impacts US Law

from the good-for-him dept

While we've seen a lot of political pressure in Europe and Mexico where elected officials are quite concerned about ACTA, for the most part, US politicians have been blissfully touting the bogus line that "ACTA is about protecting our most important industries," without bothering to pay attention to the details. However, late Friday, Senator Ron Wyden stepped up and expressed his concerns about ACTA, and has asked the Congressional Research Service to review the document to ensure that it does not, in fact, create legal problems in the US:
For nearly two and a half years, the United States has been in negotiations over an international agreement about how intellectual property rights will be enforced. This agreement, the Anti-Counterfeiting Trade Agreement (ACTA), is nearly finalized and is an "executive agreement" that does not currently appear to require Congress' ratification because it is not intended to impact U.S. law. However, some experts outide of government are raising concerns that the ACTA text is contrary to U.S. law and its application or would present a barrier to changes in U.S. law in the area of reform to damages for patents, or access to orphaned copyrighted works.

I ask that the American Law Division review the current text of ACTA, which is enclosed and available at www.ustr.gov, in order to provide Congress a written, independent determination of whether the commitments put forward in the agreement diverge from our domestic law or would impeded legislative efforts that are currently underway. I ask the Division pay particular attention to the provisions relating to injunctions, damages, and intermediary liability.
It's good that he doesn't just focus on specific changes to US law, but on how ACTA might impede important reforms to US law on patent and copyright issues in the future. I do wonder, of course, what would happen if the research does show problems with ACTA...

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  1. icon
    Sean T Henry (profile), 11 Oct 2010 @ 11:24am

    Re: Re: Re: Re: Re: Re: w00t

    I some what agree with you on the issue of estate tax. First it in not double taxation it extends to triple taxation. Company gets taxed on what it sells you get taxed for your income on selling the items then the estate tax gets your family when receiving your taxed money then they also get taxed when using it to purchase items.

    I do think that an estate tax is some what necessary I was pushing for adjusting the estate tax in Kentucky with the the help of Kentuckians for the Commonwealth. We still have the law on the books but the rate is based on a federal number that is now 0. What they were pushing would have only effected about 100 families in KY a year and only applied the estate tax to individuals whom were to receive over $5,000,000 in assets. That would have helped makeup for some of the states money troubles that usually result in a cut to funding of schools.

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