ACTA, copyrights raping your rights...
16 years ago
Posts: 1310
What is the Proposed Anti-Counterfeiting Trade Agreement (ACTA)?
In 2007 a select handful of the wealthiest countries began a treaty-making process to create a new global standard for intellectual property rights enforcement, the Anti-Counterfeiting Trade Agreement (ACTA). ACTA is spearheaded by the United States, the European Commission, Japan, and Switzerland — those countries with the largest intellectual property industries. Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand. Noticeably absent from ACTA’s negotiations are leaders from developing countries who hold national policy priorities that differ from the international intellectual property industry.
After the multi-lateral treaty’s scope and priorities are negotiated by the few countries invited to participate in the early discussions, ACTA’s text will be “locked” and other countries who are later “invited” to sign-on to the pact will not be able to re-negotiate its terms. It is claimed that signing-on to the trade agreement will be "voluntary", but few countries will have the muscle to refuse an “invitation” to join, once the rules have been set by the select few conducting the negotiations.
The US is negotiating ACTA through the Office of the US Trade Representative (USTR), an office within the Bush Administration that has concluded more than 10 “free trade” agreements in recent years, all of which require both the US and the other country to increase intellectual property rights enforcement measures beyond the international legal norms in the WTO-TRIPS Agreement.
As of 11 January 2009, no draft text has been published yet to provide the public with substance of the proposed international treaty. A “Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement” was reportedly provided to select lobbyists in the intellectual property industry, but not to public interest organizations concerned with the subject matter of the proposed treaty. ( Wikileaks posted the leaked ACTA discussion paper on 22 May 2008).
http://ipjustice.org/wp/campaigns/acta/
PS: This is related to scanlations, because ACTA gives any government official the right to search your computer, and since MANGA is indeed copyrighted then that would mean they would have the right to confiscate your computer or at the VERY least, delete everything in it >_<
Member16 years ago
Posts: 7789
Thank you for choosing my phrases.
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I'll never get caught.
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16 years ago
Posts: 39
so, this puts manga on the same place as music and movies, which nobody downloads illegally since there are copyright laws. Or maybe the ACTA will be enforced even more severely than domestic copyright laws. Don't mean to be sarcastic or rude here, but dido what the guy above me said.
Member16 years ago
Posts: 2081
well i pirate like a motherfucker so this is anus. ha whatever. they cant shut piracy down. look what happened to thepiratebay. they may be in sweden or something but no shut down. yea i guess i will do anything to keep the pirates alive 🙂
16 years ago
Posts: 1310
Do you even know how it works?
is like a LEGAL virus that will be sent to your computer, it will search your computer and find any type of media files (videos, music, images) and sent the information to companies and if you try to delete the virus, this will automatically delete all of the videos/music/images you have in your computer...
can't believe me? just ask around...
I believe that is exactly what you get when you BUY movies of a certain page that I won't mention...
Any movie in your hard drive prior to the moment you decided to go legal, may be deleted without you even clicking YES
16 years ago
Posts: 3229
This is fucked up.
I'm willing to fight to make sure that this never happens. And on the off chance that it does pass, then I'll just do like Mams and use proxies, or do what I did before I got the internet and go to the college library to download.
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Member16 years ago
Posts: 113
Quote from Chaoswind
is like a LEGAL virus that will be sent to your computer, it will search your computer and find any type of media files (videos, music, images) and sent the information to companies and if you try to delete the virus, this will automatically delete all of the videos/music/images you have in your computer...
It seems to me a big mental jump to go from an anti counterfeit trade agreement to some kind of monster virus which will eat your computer if your files don't have the proper data-stamps.
In fact there are many problems with such an idea both from a political and legal view as well from a practical view-point. I'm pretty sure the creation of such a thing would be illegal (sending it to your computer without your permission certainly would) and even if it were created it could be fooled.
Personally i'm not worried in the slightest about this "legal" doomsday virus.
16 years ago
Posts: 1366
So its like DRM on steroids. People will find a way around it. Even if they have to create a whole new format for it. At most, all this is going to do is keep new bleachballs and narutards from forming, and drive the srsbz peeps even deeper down the rabbit hole.
Also, an international coalition of lawful nations intentionallycoughDRMcough releasing an destructive/invasive piece of malware is bs. Check your "facts" better Chaoswind.
Edit: Hey, I noticed I can't change font sizes. Booo!
Sarcasm just doesn't work over the internet.
16 years ago
Posts: 1005
I don't pirate music or movies, but I read scanlations. And if I like the story, I am fully willing to support the author by purchasing their work if it becomes available in English. Likewise, not all foreign movies are available subbed in English, including anime.
There's a fine line between deliberate crime and reading technically illegal scanlations because I cannot get the material any other way.
But mams summed up my 'just in case' method 🤣
Seriously, they haven't managed to prevent internet piracy much yet. Is this really going to change anything, or just make pirating even harder to detect?
16 years ago
Posts: 1310
Quote from silent killer
So its like DRM on steroids. People will find a way around it. Even if they have to create a whole new format for it. At most, all this is going to do is keep new bleachballs and narutards from forming, and drive the srsbz peeps even deeper down the rabbit hole.
Also, an international coalition of lawful nations intentionallycoughDRMcough releasing an destructive/invasive piece of malware is bs. Check your "facts" better Chaoswind.Edit: Hey, I noticed I can't change font sizes. Booo!
Well we have DRM (you agree to it, but that is exactly what it does) when Copyright laws are not strong... what do you think we would get after Acta passes?
and is not like it will be send to your computer without you knowing, it will be in very tiny letters in the Policy that no one takes the time to read 😛 when you download legal stuff (like DRM is now)
Really I never said it was a fact, but we have DRM now, so is not THAT far fetched... is it?
Quote from Terpsichore
I don't pirate music or movies, but I read scanlations. And if I like the story, I am fully willing to support the author by purchasing their work if it becomes available in English. Likewise, not all foreign movies are available subbed in English, including anime.
There's a fine line between deliberate crime and reading technically illegal scanlations because I cannot get the material any other way.
But mams summed up my 'just in case' method 🤣
Seriously, they haven't managed to prevent internet piracy much yet. Is this really going to change anything, or just make pirating even harder to detect?
It means that if you are found practicing Piracy the FINES you would get won't even be funny, even if the only thing you do is download songs or read scanlation.
and the fines are going to be enough to discourage some uploaders, with in turn, will make the search of certain stuff almost impossible (won't be like asking google anymore 🙁 )
Member16 years ago
Posts: 1308
I voted for the last one, how will we know the way they are going to inject the virus in? Stealthily?
Honestly speaking if they have enough time to develop a legal virus for that, how come they dont develop one for child porn? That would be more essential than this, isnt it?
16 years ago
Posts: 2050
Quote from BimboSilly
I voted for the last one, how will we know the way they are going to inject the virus in? Stealthily?
Honestly speaking if they have enough time to develop a legal virus for that, how come they dont develop one for child porn? That would be more essential than this, isnt it?
Totally second that
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16 years ago
Posts: 1899
Quote from BimboSilly
I voted for the last one, how will we know the way they are going to inject the virus in? Stealthily?
Honestly speaking if they have enough time to develop a legal virus for that, how come they dont develop one for child porn? That would be more essential than this, isnt it?
While I very much agree with the sentiment, and believe this whole thing is a gross overreaction, I do believe I have to point out the reasoning (curse me.)
Basically it comes down to the lobby. People make money off of intellectual property. Preventing child porn, is financially taxing without any sort of monetary benefits, although it does have plenty of moral ones.
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16 years ago
Posts: 67
Looking at wiki...[url]http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement[/url]
These parts bothers me.
ISP cooperation
The leaked document includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant, making it easier for the record industry to sue music file sharers and for officials to shut down non-commercial BitTorrent websites such as The Pirate Bay.
Border searches
Potential border searches are covered by the "Border Measures" proposal of ACTA. As of February 2009, reports show significant disagreement between countries on this topic: "Some countries are seeking the minimum rules, the removal of certain clauses, and a specific provision to put to rest fears of iPod searching customs officials by excluding personal baggage that contains goods of a non-commercial nature. The U.S. is pushing for broad provisions that cover import, export, and in-transit shipments."
Newspaper reports indicate that the proposed agreement would empower security officials at airports and other international borders to conduct random ex officio searches of laptops, MP3 players, and cellular phones for illegally downloaded or "ripped" music and movies. Travellers with infringing content would be subject to a fine and may have their devices confiscated or destroyed.
Some countries already conduct border searches of electronic devices without probable cause. In July 2008, the United States Department of Homeland Security disclosed that its border search policies allow U.S. Customs and Border Protection agents to conduct random searches of electronic devices for "information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws." Senator Russell Feingold called the policies "truly alarming" and proposed to introduce legislation to require reasonable suspicion of illegality and to prohibit racial profiling. The Ninth Circuit Court of Appeals has previously upheld the constitutionality of laptop searches without reasonable suspicion at border crossings.
Legal scope
It has been argued that the main thrust of ACTA is to provide safe harbor for service providers so that they may not hesitate to provide information about infringers; this may be used, for instance, to quickly identify and stop infringers once their identities are confirmed by their providers. Similarly, it provides for criminalization of copyright infringement, granting law enforcement the powers to perform criminal investigation, arrests and pursue criminal citations or prosecution of suspects who may have infringed on copyright. It also allows criminal investigations and invasive searches to be performed against individuals for whom there is no probable cause, and in that regard weakens the presumption of innocence and allows what would in the past have been considered unlawful searches. More pressingly, being an international treaty, it allows for these provisions—usually administered through public legislation and subject to judiciary oversight—to be pushed through via closed negotiations among members of the executive bodies of the signatories, and once it is ratified, using trade incentives and the like to persuade other nations to adopt its terms without much scope for negotiation.
Practicality
A British study found that iPods owned by persons 14-24 today contain an average of more than 840 tracks downloaded on file-sharing networks, nearly fifty percent of all music possessed by this segment. The same study also found that 95% of individuals falling under this category have copied music in some way. Thus, some critics argue that ACTA directly incriminates the ordinary consumer activity.
Threat to free software
The Free Software Foundation has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting." Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via file sharing and P2P technologies like BitTorrent, which are currently used to distributing large amounts of free software. The FSF also argues that ACTA will make it harder for users of free operating systems to play media because DRM protected media cannot be played with free software.
Requests for disclosure
In September 2008 a number of interests groups urged parties to the ACTA negotiations to disclose the language of the evolving agreement. In an open letter the groups argued that: "Because the text of the treaty and relevant discussion documents remain secret, the public has no way of assessing whether and to what extent these and related concerns are merited." The interest groups included: the Consumers Union, the Electronic Frontier Foundation, Essential Action, IP Justice, Knowledge Ecology International, Public Knowledge, Global Trade Watch, the US Public Interest Research Group, IP Left (Korea), the Australian Digital Alliance, the Canadian Library Association, the Consumers Union of Japan, the National Consumer Council (UK) and the Doctors without Borders' Campaign for Essential Medicines.
Canada
The University of Ottawa's Canadian Internet Policy and Public Interest Clinic filed an access to information request but received only a document stating the title of the agreement, with everything else blacked out.
European Union
In November 2008, FFII requested secret Anti-Counterfeiting Trade Agreement (ACTA) documents from the EU Council, specifically naming 12 documents to be published. The request was denied by the EU council, stating that "disclosure of this information could impede the proper conduct of the negotiations, would weaken the position of the European Union in these negotiations and might affect relations with the third parties concerned." FFII stated that although the case could be won in the European court of justice, the legal process could take many years (citing an earlier case on transparency of EU legislation that took 6 years). Consequently, FFII suggests going via parliaments of Europe to force Council to publish the texts.
In March 2009, the European Parliament passed a resolution demanding greater transparency in public affairs, which among other things called on the European Commission to make public all documents relating to the negotiations.
** United States**
Knowledge Ecology International also filed a Freedom of Information Act (FOIA) request in the United States but had their entire request denied, with the United State Trade Representative's FOIA office stating it was withheld for being material "properly classified in the interest of national security."
Also, our govt says that the Treaty conditions are National Secrets and we ain't allowed to request data on it but all the other nations have and there ain't much a difference between their accounts and ours...so if the rabbit is out of the bag why are still saying it's in?
...over all, this is really bad.
I'm sure after time the techies will be able to circumvent it...but still this is really bad.
That's if it gets passed.
There's still legal challenges to the MPAA and RIAA conditions and the searches.
Is there even a way to tell the difference between something legally ripped, legally downloaded and illegally ripped and downloaded? Besides DRM that is so out of favor that iTunes ain't even carrying it anymore.
And will the idiots at Customs and Airport Security know the difference?
Isn't this sueable? Violations of privacy and what
not?
16 years ago
Posts: 1005
Quote from Chaoswind
Quote from Terpsichore
Seriously, they haven't managed to prevent internet piracy much yet. Is this really going to change anything, or just make pirating even harder to detect?
It means that if you are found practicing Piracy the FINES you would get won't even be funny, even if the only thing you do is download songs or read scanlation.
and the fines are going to be enough to discourage some uploaders, with in turn, will make the search of certain stuff almost impossible (won't be like asking google anymore 🙁 )
Fines or not, they already have a lot of difficulty catching people who are practicing piracy. If they put more barriers up around it, the material may become more difficult for the average person to obtain, but the uploaders are also going to become a lot craftier in finding ways around the new laws. Does that not just make it harder to catch the criminals?
