Tuesday 23 February 2010

ACTA - ISP gates & criminal threats

Some information has been leaked about the secret ACTA negotiations taking place between many governments about intellectual rights.

Here it is [PDF]

My understanding is that this Article 2.17 on Enforcement:

1 Introduces civil AND criminal enforcement for action against trademark, copyright, rights on internet.

2 Creates remedies for 3rd party liability for copyright infringement (i.e. ISPs can be liable, internet no longer free & open...)

3 For on-line industry, measures against copyright infringement:

a) some limitation on scope of civil liability for an ISP when
i) automatic technical process (Google news?)
ii) users action not due to ISP selection of material (no QOS?)
iii) links to locations in case of i) & ii) if ISP does not have knowledge of infringement

but

b) ISP must meet these requirements
i) ISP must ADOPT & IMPLEMENT POLICY against unauthorised STORAGE (no open clouds?) or TRANSMISSION (blocked web sites?) of copyright material
ii) Remove or disable access to material if given notice of ALLEGED infringement if subscriber does not provide evidence of mistake or misidentification (Guilty assumption?)

4 Implement WPO legal & effective remedies against DRM circumvention, with civil remedies, or criminal if:
i) unauthorised
ii) on products sold to circumvent (no Movie copies for your iPod?)

5) Each legal & effective remedy against DRM circumvention is a separate civil or criminal act.

6 ) Implement legal & effective remedies (maybe criminal?) against DRM circumvention for rights management information (e.g. BBC program guides?)
i) removing right management information (No viewing satellite HDTV without approved equipment?)
ii) distribute media that has information removed...

ACTION FOLKS

Now we need to do something about this:

- ISPs should not act as policemen of the internet, the internet will no longer be free and open

- Rights holders can use ISPs to ID people ALLEGEDLY infringing rights, rather than dealing directly with individuals

- No breaking of DRM, even for personal, backup or shifting media to different equipment (e.g. copy a movie to your iPod)

ACTA is a trade agreement which can be imposed on us without parliament debate or our input!

IT MUST BE OPENED UP FOR DEBATE, WE MUST HAVE OUR VIEWS KNOWN, AND PARLIAMENT MUST DEBATE AND DECIDE THIS, NO MORE SECRET ACTA NEGOTIATIONS.


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