We’ve all heard of the RIAA and MPAA, but what about laws being enacted in South Korea to prevent online storage? Here are a few articles about Anti-Counterfeiting Trade Agreement (ACTA):
These are being added to international agreements, since they cannot pass in representative government legislatures. International pressure to sign treaties bypasses representatives in the USA. The House has no say in treaty approval, only the Senate.
So, laws that cannot be passed still become law, and by treaty, must be enforced both locally and internationally.
INAL, but as I read the draft treaty text, I see protections for artist, producers and owners to use ineffective DRM, yet anyone who may circumvent the DRM for practical reasons
- player isn’t available
- player broke
- DRM doesn’t work on a computer
- you don’t like DRM,
is now automatically a criminal. Yes, criminal penalties, not just civil. There are no protections for consumers or end users who purchase a product with a reasonable expectation of lifetime use to be able to use that product for life. We’ve already seen DRM protected purchases fail. Did you buy any Microsoft PlaysForSure crap? The Zune cannot play PlaysForSure music purchased from the MSN Music Store. Nice. If you remove the DRM from our purchase so you can listen, you are a criminal under this treaty.* There is no protection for you.
Pharmaceuticals and agriculture products are included in the protections.
What I see is an agreement written by big business to ensure their current method of profit generation continues for 70 years after the death of the inventor, artist, actor, or producer. For example, you create a song at age 25 and die at age 75. Then it is another 70 years (at least, longer periods in law is ok too), before it falls into public domain.
There’s a provision for Three Strikes for alleged infringement without any legal proceeding. Three allegations and you are out is more like it. What is out? Your internet connectivity is canceled and that action is shared with other internet providers. I didn’t see a time limit on the disconnection or an appeal process included. Parents, watch your teens closely. Their actions could get you disconnected from the internet for life!
Here is an ACTA summary- written by the EFF.
How does this all track back to the prevention of internet storage in South Korea?
Time to write your senators. and have public debates over this treaty. We don’t want any back room agreements where consumers are locked out.
I like copyright, patents, and trademarks where they protect businesses for a reasonable amount of time. What is reasonable? That’s the real question. 10 years, 20, 50, 70, 170 years? That’s the issue. My understanding of the intent for copyright and patents is to allow a reasonable period of time for the creator to make a profit, but not an unlimited time to lock out all competition. I believe Disney has abused both copyright and trademark protections to save Micky Mouse from outside abuse. Trademarks last in perpetuity as long as it continues to be used commercially by its owner. Boo.
Often, the best implementations of new technologies is performed by the 2nd and 3rd to market, not the inventor. We’re trying to help all mankind, not just those who have lawyers to file for copyright, patent and trademarks.
That is just crap. Do we want a treaty forced on us that may be amended in perpetuity too?
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