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Thursday, November 5, 2009

Secret copyright treaty has leaked and it ain't pretty

The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama's administration refused to disclose due to "national security" concerns, has leaked.

It's bad.

It says:
  • * That ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn't infringing will exceed any hope of profitability.

  • * That ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet -- and hence to civic participation, health information, education, communications, and their means of earning a living -- if one member is accused of copyright infringement, without access to a trial or counsel.

  • * That the whole world must adopt US-style "notice-and-takedown" rules that require ISPs to remove any material that is accused -- again, without evidence or trial -- of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.

  • * Mandatory prohibitions on breaking DRM, even if doing so for a lawful purpose (e.g., to make a work available to disabled people; for archival preservation; because you own the copyrighted work that is locked up with DRM)

Meanwhile in Europe ...

You might have seen that the EU's "Telecoms Package" squeaked through with some protection for users' rights intact -- specifically, the proposal to allow "3-strikes" rules (whereby everyone in your house would lose internet access if any member was accused, without trial, of copyright infringement) was killed. But it's not as good as it could be, nor as good as it was before the content industry's lobbyists got their buddies to rewrite it.

Jérémie Zimmemrmann writes,

The European Parliament and the Council of the EU came to an agreement on the "Telecoms Package" negotiations. They laid down legal and procedural guarantees against restrictions of Internet access. The new provision gives[1] "effective judicial protection and due process", guarantees "the principle of presumption of innocence and the right to privacy" and the respect of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

However, the text only speaks of "a prior fair and impartial procedure" instead of a prior ruling by the judicial authorities, guaranteed by the original "amendment 138", and contains loopholes and ambiguities. The invalidation of freedom-killer measures such as "three strikes policies" will now depend on interpretation by the European Court of Justice and national courts. Moreover, the text only relates to measures taken by Member States and thereby fails to bar telecom operators and entertainment industries from knocking down the founding principle of Net neutrality.


*****
Well the internet as we know it is gone if any of this garbage is allowed to go into effect.
And with the news that Facebook accounts for 1 in every 4 page views on the internet and more and more businesses are starting to promote themselves there you'd think these bozos would have a clue ... but nooooooo.
If any of the proposed trash in these 'treaties' and 'policies' are put into place Facebook and any other networking site will cease to exist ... and those profiting from those sites (other than the site owners - they're another story) will not let that come to pass without one hell of a stink being raised.

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