Worse than ACTA and SOPA: It's TTP!

0dev

macrumors 68040
Original poster
Dec 22, 2009
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From EFF.org:

What is the Trans-Pacific Partnership Agreement (TPP)?

The Trans-Pacific Partnership (TPP) is a secretive, multi-nation trade agreement that threatens to extend restrictive intellectual property laws across the globe.

The nine nations currently negotiating the TPP are the U.S., Australia, Peru, Malaysia, Vietnam, New Zealand, Chile, Singapore, and Brunei Darussalam. Expected to be finalized in November 2011, the TPP will contain a chapter on Intellectual Property (copyright, trademarks, patents and perhaps geographical indications) that will have a broad impact on citizens’ rights, the future of the Internet’s global infrastructure, and innovation across the world. A leaked version of the February 2011 draft U.S. TPP Intellectual Property Rights Chapter indicates that U.S. negotiators are pushing for the adoption of copyright measures far more restrictive than currently required by international treaties, including the controversial Anti-Counterfeiting Trade Agreement.

The TPP will rewrite the global rules on IP enforcement. All signatory countries will be required to conform their domestic laws and policies to the provisions of the Agreement. In the U.S. this is likely to further entrench controversial aspects of U.S. copyright law (such as the Digital Millennium Copyright Act’s broad ban on circumventing digital locks and frequently disproprotionate statutory damages for copyright infringement) and restrict the ability of Congress to engage in domestic law reform to meet the evolving IP needs of American citizens and the innovative technology sector. The recently leaked U.S. IP chapter also includes provisions that appear to go beyond current U.S. law. This raises significant concerns for citizens’ due process, privacy and freedom of expression rights.

The leaked U.S. IP chapter includes many detailed requirements that are more restrictive than current international standards, and would require significant changes to other countries’ copyright laws. These include obligations for countries to:
  • Treat temporary reproductions of copyrighted works without copyright holders' authorization as copyright infringement. This was discussed but rejected at the intergovernmental diplomatic conference that created two key 1996 international copyright treaties, the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.
  • Ban parallel importation of genuine goods acquired from other countries without the authorization of copyright owners.
  • Create copyright terms well beyond the internationally agreed period in the 1994 Agreement on Trade-Related Aspects of IP. Life + 70 years for works created by individuals, and following the U.S.- Oman Free Trade Agreement, either 95 years after publication or 120 years after creation for corporate owned works (such as Mickey Mouse).
  • Adopt laws banning circumvention of digital locks (technological protection measures or TPMs) that mirror the U.S. Digital Millennium Copyright Act (DMCA) and treat violation of the TPM provisions as a separate offence, even when no copyright infringement is involved. This would require countries like New Zealand to completely rewrite its innovative 2008 copyright law. It would also override Australia’s carefully-crafted 2007 technological protection measure regime exclusions for region-coding on movies on DVDs, videogames, and players, and for embedded software in devices that restrict access to goods and services for the device -- a thoughtful effort by Australian policy makers to avoid the pitfalls experienced with the U.S. digital locks provisions. In the U.S., business competitors have used the DMCA to try to block printer cartridge refill services, competing garage door openers, and to lock mobile phones to particular network providers.
  • Adopt criminal sanctions for copyright infringement that is done without a commercial motivation, based on the provisions of the 1997 U.S. No Electronic Theft Act.
  • Adopt the U.S. DMCA Internet Intermediaries copyright safe harbor regime in its entirety. This would require Chile to rewrite its forward-looking 2010 copyright law that currently provides for a judicial notice and takedown regime, which provides greater protection to Internet users’ expression and privacy than the DMCA’s copyright safe harbor regime.
In short, countries would have to abandon any efforts to learn from the mistakes of the U.S. experience over the last 12 years, and adopt many of the most controversial aspects of U.S. copyright law in their entirety. At the same time, the U.S. IP chapter does not export the limitations and exceptions in the U.S. copyright regime like fair use, which have enabled freedom of expression and technological innovation to flourish in the U.S. It includes only a placeholder for exceptions and limitations. This raises serious concerns about other countries’ sovereignty and the ability of national governments to set laws and policies to meet their domestic priorities.
Full details here.
 

wywern209

macrumors 65832
Sep 7, 2008
1,503
0
do you rly want to know?
Sigh... Did the gov't and the entertainment really not learn from sopa and pipa? are they blind and deaf and perhaps very stupid? the people whom the gov't represent don't want it. what part of that do they not understand. Us citizens are not like children who need to be kept at the dinner table till we finish our veggies; we can make our own darn choices.how about expanding innovation and creativity in the public, and raising the US's rank of education in the world? and tackling obesity and hunger.You know, those things that actually need fixing... stupid politicians..
 

0dev

macrumors 68040
Original poster
Dec 22, 2009
3,947
23
127.0.0.1
Sigh... Did the gov't and the entertainment really not learn from sopa and pipa? are they blind and deaf and perhaps very stupid? the people whom the gov't represent don't want it. what part of that do they not understand. Us citizens are not like children who need to be kept at the dinner table till we finish our veggies; we can make our own darn choices.how about expanding innovation and creativity in the public, and raising the US's rank of education in the world? and tackling obesity and hunger.You know, those things that actually need fixing... stupid politicians..
Entertainment industry doesn't see citizens, entertainment industry only sees dollar signs and cash cows.
 

0dev

macrumors 68040
Original poster
Dec 22, 2009
3,947
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127.0.0.1
then they need to hurry up and die.
I sincerely hope they do. Any business which refuses to update its business model and instead resorts to reducing our freedom for the sake of its own corporate interests deserves to be left to die ASAP.
 

MorphingDragon

macrumors 603
Mar 27, 2009
5,160
5
The World Inbetween
I firmly believe future election points for non-US countries will be how we treat the US and its law making.

We will become incensed enough eventually and I'm hoping our politicians eat this up.
 

Schtumple

macrumors 601
Jun 13, 2007
4,904
131
benkadams.com
I sincerely hope they do. Any business which refuses to update its business model and instead resorts to reducing our freedom for the sake of its own corporate interests deserves to be left to die ASAP.
I could not agree more. Seriously, this is EXACTLY how I feel about the film/music industry and their lobbyists.
 

0dev

macrumors 68040
Original poster
Dec 22, 2009
3,947
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127.0.0.1
There's yet another one of these but I really CBA to make a new thread for it. This one is called PCIP and it's by the same guy who wrote SOPA, except this time it tries to control the internet not by using the veil of privacy, but by exploiting the "think of the children!" mentality...

 
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