ACTA = new global IP enforcement norms
media korps razia stale cez americku administrativu free market dohody s najvacsimi ekonomikami sveta, pricom potom to bude pre mensie krajiny prekazkou v biznise ak to tiez nepodpisu… takto to chcu postupne presadit globalne… tym ze su to obchodne dohody, obidu tak narodne legislativy… hlavna vec tam vyzera byt povinny three strikes pre ICT (to je ze ak vlastnik autorskych prav trikrat upozorni ICT na nejakeho porusovatela, tak ho ten musi vypnut??), ale pise sa tam o ‘ISP’s third party liability’, cize to znamena ze to za vlastnikov prav vlastne budu musiet riesit internetovi provideri, co si bude od nich ziadat nalezite opatrenia (??) zaroven technologicke a telecom korps su samozrejme proti, ale content korps vyzeraju mat lepsi lobbing…. za amikov to riesi USTR (co je kvazi ministerstvo obchodu), dohodu chcu mat uzavretu uz dalsi rok…
dalsie kolo rokovani bude @ Mexican IP Office
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internet provisions are all about imposing a set of copyright industry demands on the global Internet,
including obligations on ISPs to adopt Three Strikes Internet disconnection policies,
and a global expansion of DMCA-style TPM laws.
Internet provisions will go beyond existing international treaty obligations
First, according to the leaks, ACTA member countries will be required to provide for third-party (Internet Intermediary) liability. This is not required by any of the major international IP treaties – not by the 1994 Trade Related Aspects of IP agreement, nor the WIPO Copyright and WIPO Performances and Phonograms Treaty. However, US copyright owners have long sought this.
To get the benefit of the ACTA safe harbors, Internet intermediaries will need to follow notice and takedown regimes, and put in place policies to deter unauthorized storage and transmission of allegedly copyright infringing content.
First, the US government appears to be pushing for Three Strikes to be part of the new global IP enforcement regime which ACTA is intended to create – despite the fact that it has been categorically rejected by the European Parliament and by national policymakers in several ACTA negotiating countries, and has never been proposed by US legislators.
Three Strikes/ Graduated Response is the top priority of the entertainment industry.
The content industry has sought this since the European office of the Motion Picture Association began touting Three Strikes as ISP “best practice” in 2005. Indeed, the MPAA and the RIAA expressly asked for ACTA to include obligations on ISPs to adopt Three Strikes policies in their 2008 submissions to the USTR. The USTR apparently listened and agreed, disregarding the concerns raised by both the US’s major technology and telecom companies and industry associations (who dwarf the US entertainment industry), and public interest groups and libraries.
The safe harbors in the US Copyright law require ISPs to adopt and reasonably implement a policy for termination of “repeat infringers” “in appropriate circumstances”. US law currently gives ISPs considerable flexibility to determine what are “appropriate circumstances” justifying the termination of a customer’s Internet account. If the leak reports are correct, this would no longer be true. Instead, ISPs would be required to automatically terminate a customer upon a rightsholders’ repeat allegation of copyright infringement at a particular IP address.
“The Commission appears to be opening up ISPs to third party liability, even though the European Parliament has expressly said this mustn’t happen,”
Last, but by no means least. ACTA signatories will be required to adopt both civil and criminal legal sanctions for copyright owners’ technological protection measures, in line with the US-Korea (and previous) FTA obligations. They will also be required to include a ban on the act of circumvention of technological protection measures, and a ban on the manufacture, import and distribution of circumvention tools.
The Office of the USTR has chosen to negotiate ACTA as a sole executive agreement. Because of a loophole in democratic accountability on sole executive agreements, the Office of the USTR can sign off on an IP Enforcement agenda without any formal congressional involvement at all.