[ga] M. Geist: ACTA Negotiations, Day Two: What's On Tap

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  As a matter of some importance to us all the following
I hope will be helpful and reasonably informative to the extent
that ACTA information will be released.

=================================

QUOTE:
Member of Parliament, Sweden
Prof Geist,
Thank you for keeping us updated throughout the process! Without you
as a source of information, I would not have a clue about current ACTA
developments.
END OF QUOTE

Read on his site for all the good links:

http://www.michaelgeist.ca/content/view/4511/125/


ACTA Negotiations, Day Two: What's On Tap

Wednesday November 04, 2009

As ACTA negotiators head into day two of the Seoul, Korea meetings,
the global response to the Internet provisions in the chapter (the
issue from day one) has been remarkable.  Articles and postings from
around the world (Germany, Italy, Sweden, UK, New Zealand, the
Netherlands, U.S.,  Germany, Italy, Hungary, the Netherlands),
coverage from some of the most popular websites (Gizmodo,
ReadWriteWeb, TorrentFreak, BoingBoing, Slashdot), as well as expert
commentary (EFF, Electronic Frontier Australia) has been swift and
universally concerned with ACTA.

According to the official agenda, in a few hours talks will continue
on the Internet provisions and then move into the criminal provisions
chapter.  I discussed details of the Internet chapter yesterday, in a
post that highlights the creation of a Global DMCA that would severely
limit the ability for signatories to use the flexibility found in the
WIPO Internet treaties.  Moreover, the provisions would pave the way
for a globalized three-strikes and you're out system, as ISP safe
harbours would be premised on policies to terminate subscribers in
appropriate circumstances.

It is worth highlighting the ongoing criminal provisions as well.  As
previously leaked, the U.S. and Japan supplied the initial text for
this chapter.  Their proposal included:

     * extend criminal enforcement to both (1) cases of a commercial
nature; and (2) cases involving significant willful copyright and
trademark infringement even where there is no direct or indirect
motivation of financial gain.  In other words, non-commercial
infringement could lead to criminal penalties
     * each country would be required to establish a laundry list of
penalties - including imprisonment - sufficient to deter future acts
of infringement. The specific proposed language was "include sentences
of imprisonment as well as monetary fines sufficiently high to provide
a deterrent to future acts of infringement, consistent with a policy
of removing the monetary incentive of the infringer."
     * trafficking in fake packaging for movies or music would become
a criminal act. The fake packaging provision provided:

Each Party shall provide for criminal procedures and penalties to be
applied, even absent willful trademark counterfeiting or copyright or
related rights piracy, at least in cases of knowing trafficking in:
(a)    counterfeit labels affixed to, enclosing, or accompanying, or
designed to be affixed to, enclose, or accompany the following:
(i)    a phonogram,
(ii)     a copy of a computer program or other literary work,
(iii)    a copy of a motion picture or other audiovisual work,
(iv)    documentation or packaging for such items; and
(b)     counterfeit documentation or packaging for items of the type
described in subparagraph (a); and
(c)    illicit labels affixed to, enclosing, or accompanying, or
designed to be affixed to, enclose, or accompany items of the type
described in subparagraph (a).

     * Criminalization of unauthorized camcording:

Each Party shall provide for criminal procedures and penalties to be
applied against any person who, without authorization of the holder of
copyright or related rights in a motion picture or other audiovisual
work, knowingly uses an audiovisual recording device to transmit or
make a copy of or transmits to the public the motion picture or other
audiovisual work, or any part thereof, from a performance of the
motion picture or other audiovisual work in a motion picture
exhibition facility open to the public.

On top of these provisions, there are full chapters on civil
enforcement (including mandatory statutory damages) and border
measures (including blocking shipments and new search powers).  This
is why I concluded yesterday that there is no bigger IP issue today
than the Anti-Counterfeiting Trade Agreement being negotiated behind
closed doors this week in Korea.

Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail jwkckid1@xxxxxxxxxxxxx
Phone: 214-244-4827