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Author Topic: Can we consider ACTA a win?  (Read 151 times)
JasonCarr
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« on: October 07, 2010, 02:33:30 PM »
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I have not looked at the text of the agreement myself but several news outlets have reported that ACTA's final text is considerably more permissive then earlier drafts. Of particular interest is the section on the roles of ISPS...

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Each Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of infringement of    copyrights or related rights and where such information is being sought for the purpose of protecting or enforcing copyright or related rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with each Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy.

While the text does encourage laws that will force ISPs to disclose users identites, it does not require it as part of the agreement. This means the the offending section of Bill C-32, which does excatly that, can be removed and the still remain compliant with ACTA.

The text is also considerably more permissive towards the digital lock provisions as well. While I am happy to see this, I am worried that any C-32 reform prompted by ACTA will focus exclusively on the digital locks. We don't want file-sharers to be left out of C-32 reform.

This could be a crucial step, if we continue to press the government about C-32(and not just about digital locks!) we might actually find a government that more responsive.
Sean Hunt
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« Reply #1 on: October 07, 2010, 02:37:43 PM »
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Yes, I think we can definitely consider this a victory, even if we're not sure if we won or if the US just lost.
Jay Frank
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« Reply #2 on: October 08, 2010, 12:26:12 AM »
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"Notice and Notice" is still a major loss.
It builds databases and puts end users on lists.
Corporations should never be regulators.

Ever,

J

The price good men pay for indifference to public affairs is to be ruled by evil men.
-Plato
Mikkel Paulson
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« Reply #3 on: October 08, 2010, 01:29:33 AM »
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Yup. It's better than it was, but I think we shouldn't lose sight of the fact that we're still worse off with ACTA than we were without.
Nuitari
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« Reply #4 on: October 08, 2010, 08:25:25 AM »
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Even with the "defeat" of ACTA, there is still CETA which is still way off the radar of the major medias.
And of course, C-32 isn't defeated yet
JasonCarr
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« Reply #5 on: October 08, 2010, 08:40:58 AM »
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"Notice and Notice" is still a major loss.

Is there a portion of the agreement that requires this? I only saw suggestive text, nothing substantial. 
Concerned Citizen
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« Reply #6 on: October 28, 2010, 01:22:03 AM »
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We still dont have to become a signatory to ACTA if we dont want to...

But we probably will with Harper or Iggy at the helm and Jack Layton will probably go along with it for some concessions to some social programs or something and ignore any and all of Mr. Agnus' suggestions.

Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.
-James Madison
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