Aditya Nag (email: [email protected]) has written this mail which would be of interest to us. Pasting it below:
*The Anti Counterfeiting Trade Agreement (ACTA)* *1. What is the ACTA?* The ACTA is a plurilateral trade agreement currently being negotiated that is supposed to be a response to the increase in the global trade of counterfeit goods and pirated copyright works. *2. Who is involved?* The secret negotiations currently include the USA (the prime mover), the EU, Australia, New Zealand, Singapore, Canada, the UAE, Jordon, Morroco, and Mexico. *3. Why does this matter to us?* The ACTA, though presented as an anti counterfeiting treaty, is actually an attempt to enforce US-style copyright law on the rest of the world, along with all that this entails. “Better late than never - the ACTA is publicly pitched as formalization of international standards on counterfeiting, yet privately viewed as a behind closed doors attempt to ratchet up copyright laws.”[1]<?ui=2&ik=6a3bb155f0&view=att&th=124c000afc7596c3&attid=0.1&disp=inline&realattid=f_g1maqid62&zw#0.1__ftn1> Two days ago, a document leaked detailing the Internet Provisions chapter of the ACTA. This confirms that the ACTA is more about copyright law than anything else. “The Internet provisions have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet, including obligations on ISPs to adopt Three Strikes Internet disconnection policies, and a global expansion of DMCA-style TPM laws.”[2]<?ui=2&ik=6a3bb155f0&view=att&th=124c000afc7596c3&attid=0.1&disp=inline&realattid=f_g1maqid62&zw#0.1__ftn2> India, though not currently involved in these negotiations, is bound to be one of the first countries that will be pushed into signing the ACTA. Our copyright laws are widely seen as not very well enforced (with some justification, it must be said). *4. What’s the real problem?* * * The main issue is that these negotiations are being carried out secretly by a select group of countries. Once the treaty is signed, other signatories will have no option but to take it or leave it—and the US is going to exert pressure to make sure we take it. “IP Justice, which has followed ACTA's progress for some time, sums it all up: "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."[3]<?ui=2&ik=6a3bb155f0&view=att&th=124c000afc7596c3&attid=0.1&disp=inline&realattid=f_g1maqid62&zw#0.1__ftn3> The United States Trade Representative (USTR) is giving certain groups the right to read the treaty—but only under NDA. The list of people makes for interesting reading. I’m not going to list them here, but here’s the link http://keionline.org/node/660 The latest news is the release of the criminal provisions of the treaty. I don’t think I really need to add commentary to this: It is worth highlighting the ongoing criminal provisions as well. 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).[4]<?ui=2&ik=6a3bb155f0&view=att&th=124c000afc7596c3&attid=0.1&disp=inline&realattid=f_g1maqid62&zw#0.1__ftn4> *5. So what now?* * * I wrote this brief note to bring this issue to the attention of our group. There’s a lot more on the ACTA at the following websites http://keionline.org/ http://www.eff.org/ http://www.michaelgeist.ca/index.php?option=com_tags&task=view&tag=acta&Itemid=408 http://www.huffingtonpost.com/james-love/acta----a-patriot-act-for_b_345000.html http://arstechnica.com/tech-policy/news/2009/02/actual-acta-draft-leaks-noncommercial-p2p-could-get-criminal-penalties.ars http://arstechnica.com/tech-policy/news/2009/10/these-42-people-are-shaping-us-internet-enforcement-policy.ars I believe strongly that the ACTA is going to be the next big battleground, and we should be prepared to help our legislators understand the implications of this treaty.
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