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
    MLS, 13 Oct 2010 @ 2:28pm

    A specific example applying the pertinent ACTA injunction provision to a specific US statute you believe would be in conflict would be helpful to understand your point.

    As best I can tell at this juncture from your comments is that you have some concerns associated with sovereign immunity. BTW, in dealing with sovereign immunity it is useful for readers to understand that both the USG and the individual states enjoy varying degrees of such immunity under US law.

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