If pressed, I would name the ACTA treaty and Network Neutrality as the two most threatening issues of the day with regard to the Internet. The ACTA treaty has, until recently, been under super secret negotiations hidden from public scrutiny. There have been a number of leaks, and finally an official release of a treaty draft a few days ago. The treaty is titled as an “Anti-Counterfeiting Trade Agreement” , but it, at minimum, shares equal space with combating so-called Internet ‘piracy’. Section 2.18(3) is particularly interesting and pertinent in the same context as DMCA and Network Neutrality issues.
Section 4: [Special Measures Related to Technological Enforcement of Intellectual Property in the Digital Environment]
ARTICLE 2.18 [ENFORCEMENT PROCEDURES IN THE DIGITAL ENVIRONMENT] 45
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Without prejudice to the rights, limitations, exceptions, or defenses to [[ patent, industrial design, trademark and][copyright or related rights]][intellectual property rights] infringement available under its law, including with respect to the issue of exhaustion of rights, each Party [confirms that] [shall provide for] [civil remedies as well as limitations, exceptions, or defenses with respect to the application of such remedies, are available in its legal system in cases of third party liability[ 47 ][or liability for those who authorize infringement, or both] for [[patent, industrial design, trademark and][copyright or related rights]][intellectual property rights] infringement. 48
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Each Party recognizes that some persons 49 use the services of third parties, including online service providers,[ 50 ] for engaging in [ patent, industrial design and trademark,] copyright or related rights infringement.
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50
[For purposes of this Article, online service provider and provider mean a provider of online services or network access, or the operators of facilities therefore, and includes an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.]
The Electronic Frontier Foundation released a preliminary legal analysis of the treaty draft, noting:
“ACTA contains various provisions requiring countries to impose liability on intermediaries for their users’ behavior (Article 2.18(3)). This would apply to Internet intermediaries, but also to intermediaries such as libraries and educational institutions, which frequently provide Internet access to their customers and users.” – eff.org
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ACTA Treaty
If pressed, I would name the ACTA treaty and Network Neutrality as the two most threatening issues of the day with regard to the Internet. The ACTA treaty has, until recently, been under super secret negotiations hidden from public scrutiny. There have been a number of leaks, and finally an official release of a treaty draft a few days ago. The treaty is titled as an “Anti-Counterfeiting Trade Agreement” , but it, at minimum, shares equal space with combating so-called Internet ‘piracy’. Section 2.18(3) is particularly interesting and pertinent in the same context as DMCA and Network Neutrality issues.
Section 4: [Special Measures Related to Technological Enforcement of Intellectual Property in the Digital Environment]
ARTICLE 2.18 [ENFORCEMENT PROCEDURES IN THE DIGITAL ENVIRONMENT] 45
[...]
Without prejudice to the rights, limitations, exceptions, or defenses to [[ patent, industrial design, trademark and][copyright or related rights]][intellectual property rights] infringement available under its law, including with respect to the issue of exhaustion of rights, each Party [confirms that] [shall provide for] [civil remedies as well as limitations, exceptions, or defenses with respect to the application of such remedies, are available in its legal system in cases of third party liability[ 47 ][or liability for those who authorize infringement, or both] for [[patent, industrial design, trademark and][copyright or related rights]][intellectual property rights] infringement. 48
[...]
Each Party recognizes that some persons 49 use the services of third parties, including online service providers,[ 50 ] for engaging in [ patent, industrial design and trademark,] copyright or related rights infringement.
[...]
50
[For purposes of this Article, online service provider and provider mean a provider of online services or network access, or the operators of facilities therefore, and includes an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.]
The Electronic Frontier Foundation released a preliminary legal analysis of the treaty draft, noting:
“ACTA contains various provisions requiring countries to impose liability on intermediaries for their users’ behavior (Article 2.18(3)). This would apply to Internet intermediaries, but also to intermediaries such as libraries and educational institutions, which frequently provide Internet access to their customers and users.” – eff.org
Continue reading →