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ExtraTorrent.cc > Articles > Complete Draft Copy Of The Anti Counterfeiting Trade Agreement, (ACTA) Leaked onto The Internet

Complete Draft Copy Of The Anti Counterfeiting Trade Agreement, (ACTA) Leaked onto The Internet

Complete Draft Copy Of The Anti Counterfeiting Trade Agreement, (ACTA) Leaked onto The Internet

Added: Friday, March 26th, 2010
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The Anti-Counterfeiting Trade Agreement (ACTA) is a suggestion for an agreement of a contract between countries that are part of the World Trade Organization, to set up a new set of guidelines and principles governing the implementation and policing of intellectual property rights.

The main goals of this act are to have a worldwide agreement for the protection of their citizens against the threat of piracy and counterfeiting. It is to be used as standardized guidelines by the corresponding governments to adequately deal with the threat generated by the sale of pirated and counterfeited goods that weakens the sales and development of authentic goods globally. And to counter this trade which has been seen to have links to organized crime.

If this Act is passed it will result in sweeping changes for those of you that are involved in the online world. With the most concerning issues’ being the policing of the network and IP breach’s aimed at counteracting piracy across the internet.

The concept of having the ACTA was first made in 2006, where first draft copies were drawn up, and then distributed to the collaborating countries, Australia, Canada, European union, Japan, Jordan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore, Switzerland, , United Arab Emirates and the United States of America. Since then not much had happened with the act, until June 2008 when the member countries commenced a series of meetings to negotiate the terms and contents of the act.

Subsequently there has been a further series of negotiations, with the 9th round due to take place at Wellington, New Zealand during the 12-16 of April 2010.

The agenda for this next round of talks includes issues such as, Enforcement procedures in the Digital Environment and civil Enforcement. The unfortunate part of these talks is the involved countries talking about the need for openness and transparency in the sharing of information between the member countries, while at the same time the contents of the act have been shrouded in secrecy, with even the European parliament seeking to take the European Commission to court to release details of the act, as the Commission cannot agree to terms that are already covered by European Union laws, also the European Parliament have decided to obstruct the passage of ACTA if it will included the three-strikes policy.

The secrecy of the contents of this draft act has been well kept for the last few years, as quoted by Kelly Fiveash from The Register “Earlier this year junior government Minister David Lammy said he couldn’t put papers about ACTA in the House of Commons Library, because other countries wanted details of the talks kept secret.”, but now everything has changed in what is being called “the biggest leak to date” as a full draft copy of the act has been leaked onto the internet by La Quadrature du Net, a group from France.

As can be seen from the below excerpt from ACTA it shows that it, would be the first occasion where internet service providers were held responsible for their subscribers downloading copyright infringing material, unless these ISPs take action by “adopting and reasonably implementing a policy to address the unauthorized storage or transmission of materials protected by copyright or related rights.”

This is one section of ACTA that the USA is determined to be included in the treaty, as it is widely supported there by the MPAA and the RIAA, to enhance and improve their existing legislation under the Digital Millennium Copyright Act, in which ISP’s are only responsible for the content and material hosted on their networks that is deemed to be infringing on copyrights, and not removing them when requested by the copyright holder.

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This is one section of ACTA that the USA is determined to be included in the treaty, as it is widely supported there by the MPAA and the RIAA, to enhance and improve their existing legislation under the Digital Millennium Copyright Act, in which ISP’s are only responsible for the content and material hosted on their networks that is deemed to be infringing on copyrights, and not removing them when requested by the copyright holder.

Another major concern is the fact that the ACTA is being blueprinted as an “executive agreement,” instead of as a “treaty.” This is due to the fact that “Executive agreements” do not need to have approval by a Congressional hearing before they can be put in place.
As the law stands at the moment when copyright holders identify materials which they think is violating their copyright, they will contact the host of this content and request that the infringing material is removed, and now with the proposals contained within the ACTA, the copyright holder would also have the right to gather any information it required to identify the user that was responsible for posting the material without any legal supervision.

An example of this has been written by Rich Fiscus for Afterdawn News

If you post a 30 second video of your child dancing to a copyrighted song on YouTube and a record label believes it infringes on their copyright they could demand that YouTube not only takedown the video, but also provide them with your private account information unless you come up with evidence that the take downrequest was in error.

With the inclusion of the term “piracy” in the treaty it will increase the broadness of it widely, and will target the private small scale users the exactly same as it would for the large scale user, and deal with them in an identical fashion. With ISP’s having to disconnect users who are deemed to have infringed copyright.

And the onus has will be placed directly onto the ISP’s to police there own users for the type of content that is being used by their subscribers, as can be seen in an excerpt from page 29 of the draft ACTA,

“provider who does not take appropriate measures such as removing or disabling access to material or activity to prevent copyright or related rights infringement initiated by its users only when:

(i) it is technically possible to take measures for preventing the infringement, and

(ii) the provider knows or there is a reasonable ground to know that the infringement is occurring.

3 bis. Each Party shall not impose general obligation on online service providers to regularly monitor its service or affirmatively seek facts indicating infringing activity on a daily basis in order to claim the application of the provision on limitations described in paragraph 3(a) or (b).

3 ter. Each Party shall enable right holders, who have given effective notification to an online service provider of materials that they claim with valid reasons to be infringing their copyright or related rights, to expeditiously obtain from that provider information on the identity of the relevant subscriber.

3 quater. Each Party shall promote the”
This will put massive pressure both financially and legally onto the ISP’s, how will they cope? If you think how much content is passed through the internet daily, can they keep track of everything? How much revenue will be lost by disconnecting subscribers? How many lawyers will they need to hire to deal with all the impending legal issues that will arise from the treaty? What will happen if to the ISP’s if they say no to ACTA?
We can all wait with baited breath to see how this will progress in the coming months
A full copy of the draft ACTA can be downloaded here,
http://www.infowarrior.org/users/rforno/mirror/201001_acta.pdf



By:
uncle_ALF_and_auntie_social
March 26th, 2010

Posted by: 
SaM

Date:  Friday, March 26th, 2010



Comments (8) (please add your comment »)

1
posted by (2010-03-26 13:02:15)
No avatarthis ain´t good...war is coming folks

2
posted by (2010-03-26 13:24:56)
SnakeyB avatarThanks uncle_ALF_and_auntie_social, What really gets me when I read these types of articles is that they believe they have the right to regulate something that they have had no part in creating. You can not blame a truck manufacturer for what the truck is transporting and you should not blame an ISP for what is passed along it's network. If they do get more control over the internet I might as well go back to dial-up as that is all Ill need.
About 6 months ago in an article I discussed the idea of "Internet Ham Radio" which I found out later was possible but much to expensive, maybe it is time to revisit that idea and have a free open source internet as what I believe it should be.

3
posted by (2010-03-26 18:13:13)
Dare_Bear23 avataryou god damn right war is coming, this is utter bullshit!!

4
posted by (2010-03-26 20:53:22)
4JIMi2sTEXAS0 avatari say bring it on, when theres a will theres a way... we should take to the streets with our signs and protest our freedom and privacy !!!...

5
posted by (2010-03-26 21:48:12)
sobofawn07 avatarthey always try stuff like this....and it backfires on them. then they look to place more blame. if they spent more time on important things (like making better movies) then worrying about downloading, they would make more money that they are realy not loseing! remember when albums became obsolute? nobody would by a cd....the album art wasnt the same they said. what a crock! if you make a good movie, people will pay to see it. look at avatar....downloading didnt hurt its sales.i say more cream and less crap!!!!

6
posted by (2010-03-27 04:55:02)
kingtiger01 avatarThey want War, There pushing to get it.

They Inact such a law, i promise you. They will see every major ISP, Have a COMPLETE loss of Network control. They want to monitor me alone pisses me off, they want control over what data i can and Cannot transmit/receive and you send me OVER the edge.

7
posted by (2010-03-27 05:10:25)
kingtiger01 avatar@SnakeyB: I hear you, im have tempted to set up a website, get out my old HAM Radio equipment, 20 or so antenna's and set-up a routing gateway.

Take signups on the webpage, with each registration a channel for that user. And start the Spanning tree-network all over again...

Its just BS, plain and Simple.

8
posted by (2010-03-27 07:56:32)
BenjaWiz avatarWAR Will come if they keep pushing us around and I will fight.



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