FTAA Treaty Threatens Innovation 386
The Importance of writes "IP Justice has published a white paper on the intellectual property aspects of the Free Trade Area of the Americas (FTAA) treaty, which is an attempt to create a single free trade agreement for the Western Hemisphere. Read the press release. The analysis is pretty devastating. The proposed language of the agreement has a number of serious flaws, including (but certainly not limited to) enhanced criminal penalties, a super-DMCA provision, reduced scope for fair use, and database protection elements.
The proposed treaty is supposed to be complete by January 2005 and go into effect December 2005. Now is not too early to let your representatives and others know what a bad idea the intellectual property elements of the treaty are."
total information lockdown (Score:5, Funny)
All your mind are belong to us..
just great.. now we will have mexican's filing patents for velcro.
Re:total information lockdown (Score:2, Funny)
Re:total information lockdown (Score:2)
http://www.twnside.org.sg/title/pushes.htm [twnside.org.sg]
http://www.cptech.org/ip/health/trade/msf05012002. html [cptech.org]
http://www.commondreams.org/headlines01/0419-01.ht m [commondreams.org]
Same old story (Score:4, Interesting)
Obligatory Simpsons Reference (Score:2, Funny)
In typical fashion, special interests are attaching their wish lists to an initiative that seems to have a good chance of becoming law.
Congressman 1: "Then it is unanimous. We are going to approve the bill to evacuate the town of Springfield in the great state of..."
Congressman 2: "Wait a second, I want to tack on a rider to that bill. Thirty million dollars of taxpayer money to support the perverted arts."
Congressman 1: "All in favor of the amended Springfield-slash-Pervert bill?"
(jeers and boos)
Congre
"Free Trade" is not about free trade (Score:5, Interesting)
For example, with NAFTA Canada sued the United States saying that banning asbestos is an infringement of Free Trade.
A few years ago before the WTO became a household word (err Acronym) they were trying to pass the Multilateral Agreement on Investment which would have given coporations an explicit Right to Profit above and beyond a citizens rights and privilages.
And just look at the current example. In the name of Free Trade they are trying to make fair use of our own legally purchased IP illegal, such as bypassing DVD Region codes.
It is not a matter of U.S. vs. Mexico or whatever. NAFTA has been bad for the general population of all three countries, and now they want to extend it to the entire western hemisphere.
It is all about the special interests.
Re:"Free Trade" is not about free trade (Score:2)
Re:"Free Trade" is not about free trade (Score:2, Informative)
To quote from the CBO's analysis [cbo.gov]
Re:"Free Trade" is not about free trade (Score:2)
Yes, free trade is good. The problem is that of special interests trying to pervert it into something impure and downright corrupt.
Re:"Free Trade" is not about free trade (Score:2)
Not that Canada's the only ones abusing the lawsuit provisions of NAFTA. I seem to recall that the US lumber industry, among others, have been harassing Canadian companies over supposed "unfair subsidies", even though they get exactly the same (if not larger) subsidies from the US government.
Re:Same old story (Score:3, Insightful)
Congress is involved all along the way in the process, don't forget. They have regular contacts with the administration, and as for th
Well..... (Score:2)
What do you know... (Score:2)
Remember (Score:5, Funny)
There is only one way to actually get your congressman's attention: A good, old-fashioned letter, with $10,000 in hundred-dollar bills paper clipped to it. Please keep this in mind and act accordingly.
Include money. (Score:2)
Re:Remember (Score:3, Insightful)
I don't think $10,000 would cut it, anymore. A Congressman would wipe his ass with it and send it back to you for being so cheap.
Re:Remember (Score:2)
This is pretty much true. I know a number of persons who work as Congressional staff; many House and Senate offices aren't really up to speed with email, and even those that are ususally just count pro and con emails: "we got 40 for the bill, and 10 against." Phone calls are
Re:Remember (Score:2)
It's often hard to be sufficiently cynical, but this goes a little too far. Like, far enough to earn you a date with a court and a prosecutor for contribution irregularities.
Look, policy is made by the people who show up, and by those who show up with the money. If you really care, MAKE LEGAL CONTRIBUTIONS and PARTICIPATE. Go to fund raisers. Host some. Send your letters too, but SHOW UP.
When was the last time
Comment removed (Score:5, Insightful)
Re:Wow, harsh... (Score:2, Informative)
Re:Wow, harsh... (Score:2)
I also didn't see anything that made me thing prison terms would be the likely punishment.
From the 2nd draft of the treaty, article [4.1] under the IP section:
Each Party shall provide criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or infringement of copyrights or neighboring rights on a commercial scale. Each Party shall provide that significant willful infringements of copyrights or neighboring rights that have no direct or indirect motivation of
Re:Wow, harsh... (Score:2)
Sugar (Score:5, Insightful)
The "free trade" agreements seem to support incumbent businesses at the expense of innovation, which is the opposite of their intended use.
I'm no free trade nut - I think there's plenty wrong with unfettered free trade - but in the scope of problems it can address, let's use it to address them, and not further protect entrenched ways of doing things.
Re:Sugar (Score:2)
It IS in line with their intended use. It is NOT in line with their stated use.
Re:Sugar (Score:3, Insightful)
The "free trade" agreements seem to support incumbent businesses at the expense of innovation, which is the opposite of their intended use."
No kidding. I, on the other hand, AM a free trade nut. But I believe that if you are going to have free trade then all sides should play by the same rules. This "I want free trade, but industry X, Y,
Who needs free trade... (Score:2)
Wouldn't it be great if the country was set up for the well-being of its citizens and not its corporations? Oh well.
Re:Sugar (Score:2)
Those numbers were totally made up, simply to illustrate the point, which is that applying US
Re:Sugar (Score:2)
Re:Sugar (Score:2)
Aye, there's the rub! What's really going on here is that the developing nations are free to upgrade their labor and environmental laws, it's just that the tradeoffs and realities they face are much different than the rich world's, so of course the overall standards are lower. What that does mean is that change comes over time - as the population starts earning more money, they demand a better quality of life from their government (and that
Fear will keep them in line... (Score:3, Insightful)
It's even worse than that (Score:2)
A second possible option for Article 4.3 is even more extreme. It would give all judicial authorities the power to seize goods suspected of infringement and any materials and implements suspected to be used in the commission of the offense, as well as any traceable asset. This is much broader than the first option proposed for Article 4.3 where a suspicion is insufficient and there must be an actual finding of infringement before a judge is permitted to order the seizure of a citizen'
More Details Please (Score:2)
How is it a Super-DCMA law? How exactly will this treaty effect us.
Just reacting like this tends to be counter productive.
Ted
Re:More Details Please (Score:2)
what now people don't even know there is an A to RTFA!?
More Details (Score:3, Informative)
1.
Threatens to Imprison Millions of People for P2P File -Sharing of Music
One option proposed for Article 4.1 of the intellectual property rights chapter in the Free Trade Area of the Americas (FTAA) Treaty would mandate that countries must send noncommercial infringers such as Peer2-Peer (P2P) file-sharers to prison. By changing the standard that triggers criminal penalties from commercial infringements to "significant wi
Every treaty threatens innovation (Score:2, Troll)
Not likely. (Score:3, Interesting)
Re:Not likely. (Score:3, Informative)
Um, the DMCA was passed into law on Oct 28, 1998. It had nothing to do with the terror attacks, and the frightening thereof.
Re:Not likely. (Score:2)
Sure you can, just put the word "Patriot" in the name of your bill.
MadCow.
You fail to recognize that if all of the FTAA... (Score:2)
Boy, political discussions are so much easier now that we have that one to fall back on. I'm going back to my nap.
it's like a sketch comedy... but real... (Score:2)
It devastates me that there would be a further restriction on fair use... not in that I think protections aren't necessary, but it is already way too hard to do things like "clearing" a sound clip (getting permission). Anything worse would make techno either illegal or even slower to produce legitimately, stifling the creative process.
I hate to be so pessimistic/cynical but... (Score:5, Interesting)
Why bother? Honestly, what is the outcome here? I have written to my congresspeople probably on the order of 10-15 times each about an item specifically regarding the myth of intellectual property and its associated devestation. I have recived neat and grammatically precise responses each time, full of absolutely nothing of value or substance regarding the issues. Not even my representative's opinion on the matter. You don't get congress to go against measures like this (i.e., measures that assure corporate "donations") unless there is a *really* massive demonstration. The kind that the American public has not shown any sort of willingness or poise to do in oh-so-many years.
I will write my congressperson again this time, only with a heavy hand, and a large dose of bitterness in knowing that I don't have the pocketbook required to make a real impact.
Corporate politics is ruining what's left of the U.S., and is pulling a lot of other nations down with it.
--rhad
Re:I hate to be so pessimistic/cynical but... (Score:2)
No, it's just politics that is dragging down the USA. Politicians don't take the Constitution seriously, anymore, as they've found it very easy to push tyrannical policies over on their constituencies. People are so conditioned regarding things like income tax and social security, that further incremental crimes like the PATRIOT Act go through easily. Nationalized health care will probably be the n
Re:I hate to be so pessimistic/cynical but... (Score:2)
What you refer to are provisions/bills passed by congress regarding civil rights and welfare. Which lately roll over the citizens so that the power-hungy warmongers can do what they see fit and imprison the dissenters.
My comment regards those policies/bills/treaties that impact corporate holdings. I would venture to say that patents, trademarks, copyright, and other forms of "intellectual property" are more important to companies today then the quality of there respective pro
Re:I hate to be so pessimistic/cynical but... (Score:2)
Okay, I'll agree with this. The underlying theme is one of corruption for short-term political and financial gain along with a long-term goal of consolodating power until the transition from a free state into a de facto oligarchy is complete.
This is why I can no longer vote for Republicans nor Democrats in any federal race. It's harder to do in local races, but I'll try.
Re:I hate to be so pessimistic/cynical but... (Score:2)
Re:I hate to be so pessimistic/cynical but... (Score:2)
Constant and unwavering pestering.. and when they show signs that they've acknowledged you.. increase your efforts.
A dozen letters while it seems like a lot isn't going to do squat until in impacts the workflow of the congressmans office...
*You* know they aren't listening.. let them know that! Keep pestering them until they ACTUALLY answer you. Right now the
Re:I hate to be so pessimistic/cynical but... (Score:2)
We Are Only As Powerless As We Choose To Be (Score:4, Interesting)
Moveon.org was able to get together a very large public outcry against the FCC's recent attempt to further diminish diversity in the American media. Although the fight is not over, this 11th hour effort has managed to get congress to vote overwhelmingly to revoke Baby Powell's attempt to use the FCC as little more than a frontman for the media cartels. It appears likely some (though not all) of Baby Powell's appalling sellout to the media cartels is going to be reversed, in a manner that is extremely rare in Washington.
This was done as a belated reaction to an already done "insider" deal among Washingto Republican Burocrats (the FCC vote was divided precisely along party lines).
We have over a year to get our act together. Doing so would allow us to speek with at least as loud a voice, quite possibly as effectively, but only if people actually GET OFF THEIR ASSES and actually do it. If, on the other hand, everyone follows your advice, nothing will get done and the tyranny of evil, corrupt men will continue to erode our freedom of expression, our freedom of thought, our freedom to innovate, and ultimately our freedom to live, until there is nothing left.
This is what was meant when the founding fathers said "Freedom requires eternal vigilance," and quite frankly, this is the acid test our generation is failing miserably.
The question is really this: will we continue to fail miserably, until there is no freedom left in our lives, or will we stand up and be counted? Given the degree of forwarning we have on this particular issue, any failure to stand up and be counted will be our own, not "the system's" or "those corrupt people over there." No, it will be our apathetic selves who are at fault, and the freedom we would in that event be so unfit for and undeserving of is almost certain to diminish as a result.
If dispirited and demoralized liberals could finally grow a backbone and stand up when the chips were down with the radical right's recent media power grab at the FCC and get congress moving in record time to stop it, surely we technophiles, who transcend such traditional left-right, liberal-conservative, democrat-republican lines should be able to do at least as well
Re:I hate to be so pessimistic/cynical but... (Score:2)
Plenty more than that was marginalised in the news [fair.org]
doublespeak (Score:2)
Well, it really isn't free trade, then. If you want to call it free trade, then make it free trade and not some half-assed political pile of shit.
Free Trade (Score:2)
Or: the affluent 1% of the world are free to trade the environment to make a bit more money, while widening the econimic gap between them and everyone else.
Or: governments are "free" to trade basic human rights (such as the right to live) for corporate money.
You get the idea.
Re:Free Trade (Score:2)
In a genuine free trade environment any of the transgression you cite will be temporary. Free trade levels the playing field to the extent that China, India, and Mexico won't be cheaper forever. It seems Mexico is already seeing these effects as their wages are pricing them above the SE Asian job markets. Eventually, the global markets sort themsleves out, as radical international differences can not be maintained forever.
Of course, these mixed-up half-ass protectionist "free trade" agreements are the r
Representatives? (Score:5, Informative)
Re:Representatives? (Score:2)
Re:Representatives? (Score:2)
Damn Insert button.
buh-bye Fair Use (Score:5, Informative)
If Fair Use is redefined in this manner, it seems like the FTAA could be interpreted to outlaw public libraries. If you check out a book as opposed to buying it, under the FTAA's new economic-based model of assessing Fair Use, a library would be liable for causing financial damage to the publisher.
Kudos to our corporate overlords for their foresight and wisdom.
Tell That to the senate (Score:2)
Re:buh-bye Fair Use (Score:2)
The irony is even thicker considering the number of libraries. I remember an author saying that if every library bought just one copy of his book, it would be a bestseller just from that volume. Given the vast number of books published each year and the competition that ensues, authors and publishers should be grateful for any book sold, regardless whether it is to a library.
This one's a gem (Score:3, Interesting)
Let me get this straight....there is no direct or indirect financial motivation, yet this is somehow equated with commercial infringement?
I'm all for throwing the real IP pirates in jail -- the ones who copy CDs and DVDs, press 1000's of counterfeits, then sell them for a huge profit. Making money like this really is piracy (in a newer, less-traditional use of the word anyway). But to equate that kind of crime to that of the college student sharing a few tunes on their computer for free....mind boggling!
I agree (Score:2)
I want to know who wrote this. If the author[s] were sent to jail for a while for a crime they didn't commit, it would surely help them understand this better.
Civil Disobedience (Score:3, Interesting)
As of October 2003, an estimated 60 million Americans use P2P file-sharing software in the US alone and the number of overseas users is even higher. This level of civil disobedience sends the crystal clear message that intellectual property laws are in stark contrast with the will of the people and should be changed to clearly legalize P2P file-sharing. Without the consent of the governed, FTAA's policies have no legitimate place in an international treaty between democracies.
That's the most succinct way I've yet heard to describe the people's demand that Hollywood drag themselves into the current century!
Re:Civil Disobedience (Score:2)
NAFTA, MMT, UPS, & Canada Post (Score:5, Insightful)
NAFTA threatens environmental protection [wcel.org] will FTAA be any better? NAFTA threatens public services [newswire.ca] will FTAA be any better?
Lower barriers to trade is a good Idea, but the FTA, NAFTA, and FTAA has little to do with trade, and everything to do with making governments subservient to trans-national corporations.
Re:NAFTA, MMT, UPS, & Canada Post (Score:2)
No free trade agreement has been good for the people, just for businesses.
Re:NAFTA, MMT, UPS, & Canada Post (Score:2)
As I recall, people own businesses.
People earn incomes by working for businesses.
People buy food, clothes, and a staggering array of goods from businesses.
Business is every bit as much an activity as it is an entity, folks. And free trade is largely about freedom.
Re:NAFTA, MMT, UPS, & Canada Post (Score:2)
the FTA, NAFTA, and FTAA has little to do with trade, and everything to do with making governments subservient to trans-national corporations.
Then, dump all trade "treaties" in favor of real free trade that even my neighbor's dog would understand. Real free trade does not play favorites, nor does it need to be overly complicated nor ratified by nations. Free trade just happens ("Do you want to trade widget X with us?" "No? Well, okay" OR "Yes? Great, thanks for the P.O.; we'll ship 'em out tomorrow."
FTAA - Good Choice (Score:2)
Just through it in with the other __AA abreviations.
US Constitution? (Score:2)
Last time I checked, the US Constitution didn't expressly prohibit companies to copyright facts and scientific data. The whole article sounds a little too overblown to me (sounds almost like Indymedia stuff), but if they mention the US Constitution, they should make darn sure they know what they're talking about.
Not so soon! (Score:2)
Any surprises here? (Score:2)
Coming next: The Bush White House announces "Take a Muslim to lunch week" ...
Re:Any surprises here? (Score:2)
memories (Score:3, Informative)
http://members.tripod.com/infobank1/
Another view.. (Score:2)
Re:Another view.. (Score:2)
I am Brazilian, and I really doubt that our government really cares about "reasonable IP rights".
An example... Our relatively recent law that regulates Software Property says that once you've worked for a company developing software, the company can claim ownership of ANYTHING you do. For 2 years.
Wrong Story Category (Score:2)
a comprehensive regional trade agreement between all 34 democracies in the Western Hemisphere, including the US, and covering a population of over 800 million people
Given the US already has allowed the feared draconian legislation (DMCA, Patriot Act, etc) to take hold within its own borders, it's the 500-million citizens of other countries that should be scared.
And they wonder why... (Score:2)
This just in... (Score:2)
The story on tonight's Eyewitness News at 11.
Uh. I've just been handed a programming update.
Tonight's news report will be preempted by an extra special,
exclusive interview with Barbara Bush, America's Mom.
Coming up after tonight's episode of Fear Factor.
Keep it right here on News Center 4.
Or else.
MPAA, RIAA, now FTAA (Score:2)
zerg (Score:2)
FTAA Protests in Miami (Score:2)
Stop FTAA.org - a great resource for information on the FTAA and how to organize against it. this page is slightyly outdated, but they are working to update it.
FNB NO FTAA - this is the 'official' organizing site for the anti-FTAA Food Not Bombs. FNB chapters from all over the U.S. will come together to do what
Now is certainly not to late (Score:2)
WTO (Score:2)
All I ever got ' its not my countries laws bla bla bla'.. what no one understands is once you sign up with the WTO you MUST conform to the lowest common denominator...
We need to be OUT of the WTO totally.. tell you congressman that... TOTALLY OUT... before it gets worse.
FTAA Threatens Innovation (Score:2)
2005? (Score:2)
make it an election issue 2004 (Score:2)
Let them know that if they don't fight this, you will replace them with someone else who will.
Free Trade-Mass export of US assets (Score:2, Informative)
Slashdotters of the Western Hemisphere: (Score:2, Informative)
not much thought outside of Slashdot... (Score:3, Interesting)
Sure, IP restrictions are evil and so forth, and there will be many rants here about how terribly the nerds, visionaries and innovators will be oppressed, but that's a whole lot of narrow, selfish thinking by said nerds, visionaries and innovators (there goes my karma). This discussion misses the larger picture and focuses only on what the enlightened, educated, US-based majority of the readers care about and/or can be affected by: bigger, stronger RIAA's and MPAA's, and draconian corporations hoarding more and more knowledge.
What's left out is that the spirit of the whole treaty is basically to make the Central and South American nations subjects to the rule of the US economy and the corporations that feed off it, much like what NAFTA has done to Mexico and Canada. It will create one huge Export Processing Zone all the way from Mexico to the Southern tip of Chile, where such peachy corporations like Nike, Adidas, Ralph Lauren, Walmart and so on will practically enslave thousands of displaced farmers while other corporations rape their land for natural resources. It's already happening in countries all over the world, with more localized treaties and deregulations, where the governments don't care, are blinded by the money or have their arms twisted by the might of their patrons. Free Trade in this context is a euphimism for economic conquest by transnational corporations.
Canada has a unique position in all this, because unlike the other (soon to be) subjugated countries, we have a high standard of living and an educated, skilled workforce. Hence, we don't have sweatshops - instead, our manufacturing left for the sweatshop factories of Mexico and the Export Processing Zones in the Phillipines and China along with that of the United States. Still, we're very much slaves of our big brother, constantly battered over fishing, softwood lumber, grain and so on. No political action that contravenes the US ideology goes without the consideration of what it will do to our economy. Legalize weed? Sure, sounds good, but can't you see Dubya over there shaking his head? Don't want to go to war with Iraq? Just you wait 'til the next time we set lumber tariffs.
Stop the FTAA (Score:3, Informative)
Conveniently, the next meeting to plan it is in Miami next month, giving us the convenient opportunity to deliver our thoughts on these matters in person. For more info on the FTAA and the Miamo demonstrations, check out the Citizens Trade Campaign [citizenstrade.org].
Re:Free Trade (Score:5, Insightful)
The Free Trade Area of the Americas is about protectionism? That's worse than "fighting for peace".
Re:Free Trade (Score:2)
Re:Free Trade (Score:2)
Re:Free Trade (Score:2, Flamebait)
Genuine free trade lifts up the whole world and is the best long-term solution to all of our modern "woes", such as the so-called "war on terrorism," the "war on hunger," the "war on drugs," the "war on poverty," and every other war our politicians invent to wring votes from an ignorant and impressionable constituency.
Highly protectionist policies would only drive the USA into a dark age as it collapses and becomes the laughing stock of the entire planet.
So, what do you want? Jobs now only to have no job
Re:Free Trade (Score:3, Insightful)
agreements between the U.S. and Australia, Singapore, and presumably
anyone else that will sign that pushes the same agenda.
Another word for this is "corruption." Free trade should not come with strings attached.
Re:News for nerds? (Score:2)
It isn't necessarily leftist, when pointing out non-free aspects of a "free trade" plan. Nothing is stopping me from arguing on Slashdot to make it even more free. You know, I just did.
Obligatory Simpsons Reference (Score:2)
Hooray for Everything celebrates the best Hemisphere in the world
</Simpsons>
Re:Obligatory Simpsons Reference (Score:2)
I, for one, welcome our new corporate overlords
Re:So "Western Hemisphere" refers to the Americas (Score:2)
Sure there is a bit of western Europe and Africa in there, but the majority of the landmass belongs to the American continents.
Re:Goddam capitalists! (Score:2)
Re:Free for who? (Score:3, Insightful)