Politics

by Mike Masnick


Filed Under:
acta, copyrights, patents



Where ACTA Disagrees With US Law

from the but-they-promised... dept

With Senator Wyden asking the Congressional Research Service to investigate how ACTA might conflict with US law (or restrict the ability to reform the law), KEI has put together a list of specific areas where ACTA's text is inconsistent with US law. Remember, negotiators have repeatedly insisted that nothing in ACTA will (or even can) change US law. ACTA defenders have stressed the point, repeatedly, that nothing in ACTA can legally change US law. But what no one explains is what happens when the law and the agreement are in disagreement. That's because no one wants to deal with the inevitable: when such situations come about, US lobbyists will scream about how we're "not meeting our international obligations," and will put plenty of pressure on the US until we get into "compliance." So, I'm wondering if those who insist ACTA won't change US laws will agree now to speak out against anyone who cites ACTA down the road in asking for US law to change?

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  1. identicon
    Anonymous Coward, 13 Oct 2010 @ 8:55am

    Re: Re: Re: Re: Re: Re:

    Re the four fair use factors, their consideration and application is mandatory ("shall"), and not discretionary.

    Perhaps you have this confused with the fact that the fair use provision does authorize a trial judge to consider additional factors.

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