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ACTA Text Leaks; US Caves On ISPs, Seeks Super-DMCA 246

Posted by timothy
from the you-say-leak-I-say-trial-balloon dept.
An anonymous reader writes "Given the history of ACTA leaks, to no one's surprise, the latest version of the draft agreement (PDF) was leaked last night on KEI's website. The new version — which reflects changes made during an intense week of negotiations last month in Washington — shows a draft agreement that is much closer to becoming reality. Perhaps the most important story of the latest draft is how the countries are close to agreement on the Internet enforcement chapter. In the face of opposition, the US has dropped its demands on secondary liability for ISPs but is still holding out hope of establishing a super-DMCA with digital lock rules that go beyond the WIPO Internet treaties and were even rejected by US courts."
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ACTA Text Leaks; US Caves On ISPs, Seeks Super-DMCA

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  • Re:Surely not (Score:3, Interesting)

    by Hardolaf (1371377) on Monday September 06, 2010 @10:27AM (#33488368)

    105. Subject matter of copyright: United States Government works Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

    http://www.copyright.gov/title17/92chap1.html#105 [copyright.gov] It's not copyrighted.

  • Re:And of course... (Score:5, Interesting)

    by v1 (525388) on Monday September 06, 2010 @10:39AM (#33488438) Homepage Journal

    Not that it's surprising that this happens, but it is a bit surprising that our "diplomats" are allowed to sign agreements that our own court system has already determined to be illegal. Though in this instance it appears they're not just signing off on it, but pushing for it.

    Should try them for treason when they get back stateside ;)

  • Re:**sigh** (Score:4, Interesting)

    by hedwards (940851) on Monday September 06, 2010 @10:40AM (#33488442)
    In this one area, and mostly because if the Chinese people had to actually pay for the property like the rest of us they'd be much more likely to be pissed off about how the Chinese government is purposely keeping them in poverty.
  • by disi (1465053) on Monday September 06, 2010 @10:51AM (#33488496)
    To run an Onion node is prohibited in several countries (e.g. in Germany).
    just two examples:
    German police raid home of man who operated Tor server [theregister.co.uk]
    German Cops Raid Home of Wikileaks and Tor Volunteer [wired.com]
    I heard of others in forums, where the police put down whole server farms -.-
    welcome to the real world...
  • by Lunix Nutcase (1092239) on Monday September 06, 2010 @10:59AM (#33488562)

    Why do you blame Democrats for the DMCA? The bill was introduced into the House by a Republican [wikipedia.org], it faced pretty much zero Republican opposition in the House and had unanimous support in the Senate. Oh and let's not forget that the current head of the RIAA is a former Republican staffer and GOP lobbyist. So exactly why is it the Democrats fault despite the fact that this bill was introduced and had basically universal support from the Republicans in Congress?

  • by roman_mir (125474) on Monday September 06, 2010 @10:59AM (#33488566) Homepage Journal

    This has to be drilled into everybody's heads.

    Copyrights and patents must be abolished, they are part of the death of economies, just like governments regulations, taxes, subsidies, wars, corporate involvement, corruption, stimulus borrowing/printing/spending and bailouts.

    All of the above things are killing the economies, these things are making industrialized world uncompetitive and jobs are leaving and no amount of cash can be spent to make the industrialized world competitive again ever because the reason cannot be simply removed by spending.

    The reason of the underlying structural breakage of economy is lack of useful production/manufacturing jobs, whose loss has resulted from lack of competitiveness. Competition is the only correct solution to this problem, and copyrights, patents, regulations, wage laws, taxes, subsidies, bailouts, stimulus, wars, corporate corruption are all tied to one main entity: government.

    Government is the ultimate force with the power to compel people to do what they do not want to do, and it does so because it craves power, through people who join the government because they crave power, and for them gov't is the ultimate way to get power and money by sharing with corporate friends.

    Government involvement in economy must be removed completely and that is the only way to remove incentives to corrupt the government, spending all the money in the world on buying the gov't should NOT buy you a free ride and destruction and structural removal of any competition.

    This comment is the actual answer to the question: what the fuck happened to the economy?

  • by roman_mir (125474) on Monday September 06, 2010 @11:12AM (#33488664) Homepage Journal

    it's called a crisis. In a crisis situation rules change, if they don't then that 'unrealistic' situation will actually meet reality, and reality will win, and there will be no economy left to speak of, while the rest of the world would just completely ignore any position a country, whose economy fell apart takes, and they'd be correct not to care. Losers do not tell winners what to do.

  • by drzin69 (1358429) on Monday September 06, 2010 @12:07PM (#33489108)
    I guess Wikileaks does have to leak out government docs. One more thing...." The British music industry has called for a truce with the technology firms with whom it has till now fought a bitter battle over rights, royalties and file sharing.

    Feargal Sharkey, CEO of lobby group UK Music, told a conference in London this week that it was time for the music and technology industries to set aside their differences and strive instead toward a common goal: nothing less than the total global domination of British music.

    Sharkey, a campaigner against people copying music on the internet and the technology they use, said it had become apparent that technology and creativity were inseparable.

    "It's now time for ISPs and tech companies to sit down together and possibly for the first time have a broad adult conversation. Our future is now totally dependent, totally entwined, totally symbiotic," he told an audience of industry, government and media at the Westminster Forum this morning....."

    http://www.thinq.co.uk/2010/9/4/uk-music-calls-truce-technology/
    Sharkey was on rousing form. The former pop star called dramatically for the mobilization of British music and technology producers: "By 2020. We. Want. To rival. The United States. As the largest. Source of repertoire. And artistry. In. The. World."
  • by Late Adopter (1492849) on Monday September 06, 2010 @01:09PM (#33489588)
    That's only if it's ratified in the Senate as a treaty. The Obama administration has already signaled that they want to enact it as an executive agreement if possible.
  • Re:**sigh** (Score:5, Interesting)

    by jambarama (784670) <(jambarama) (at) (gmail.com)> on Monday September 06, 2010 @01:40PM (#33489900) Homepage Journal
    You've stumbled onto the reason Larry Lessig left copyright reform to study government corruption.
  • I'm not an expert on this, but I believe Presidents can enter into executive agreements with other countries only until the President's actions affect US citizenry. Then we've got an ultra vires issue or presentment problem unless congress passes the agreement.

    Executive agreements obviously cannot violate the Constitution. Since the Reid v. Covert decision, the U.S. has made it explicit that although the U.S. intends to abide by a treaty, if the treaty is ruled in violation of the Constitution by federal courts, then the U.S. legally can't follow the treaty since the U.S. signature would be ultra vires.

    Plus treaty law (including executive agreements, congressional-executive treaties, and real treaties) is incorporated into the body of U.S. federal law. So congress can modify or repeal treaties afterwards, and SCOTUS can review it.

    However, I'm still wary. According to an EFF article published in The Yale Journal of International Law [PDF] [yjil.org]. Even if this article is true, the agreements are still subject to modification after they're passed, but that shouldn't be good enough.
  • by Khyber (864651) <techkitsune@gmail.com> on Monday September 06, 2010 @03:13PM (#33490854) Homepage Journal

    "We only get once chance to defeat ACTA."

    No we don't. We have several chances, the most likely one being a full-out armed insurgence against the government.

    Remember Mr Discovery Building and what he said? There will be bloodshed coming very soon.

  • by Khyber (864651) <techkitsune@gmail.com> on Monday September 06, 2010 @03:20PM (#33490932) Homepage Journal

    'The process has been specifically designed to keep us excluded it's too far along to change'

    You FORCE inclusion of yourself by holding the fucks responsible for this hostage or killing them outright.

    Let me point you to the two places you need to go - Hollywood, and the Northeastern USA.

    These two places are responsible for this. If you KILL THEM, this nonsense will go away.

    It's that simple.

  • WIFI MESH (Score:3, Interesting)

    by cyclomedia (882859) on Tuesday September 07, 2010 @05:04AM (#33496148) Homepage Journal

    Every time someone on slashdot posits a global wireless mesh they get beaten back because of how slow it'll be to transfer several gigs of porn over it. Last I checked the information that we need to know, to liberate from censorship, was basic text, heck a lot of it is currently representable in ASCII. So what if we step back a decade to the age of the text only bulletin board. At least these BBs will be automatically backed up, re-routed and physically located nowhere, so will be uncensorable.

Slowly and surely the unix crept up on the Nintendo user ...

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