US makes Korea eliminate fair use

Korea has just finished negotiating a free trade agreement with the US that is a complete disaster on copyright. Korea has agreed to give up all fair use to copyrighted works, and has agreed to shut down many of its web-hosting businesses. So much for Korea's power as a global Internet leader. It was nice while it lasted.

In one glaring example, the governments agree to shut down internet sites that permit unauthorized reproduction, distribution, or transmission of copyrighted works– without reference to exceptions for art, education and critique. If the agreement is ratified, both US and Korean governments will begin shutting down an undisclosed number of peer-to-peer (P2P) and online storage ('webhard') services. Korea will also be required to crack down on book copying on university campuses.

The Korea-US FTA could set a dangerous precedent. If ratified, the US is expected to push other countries to accept the similar conditions in their respective FTAs. Much of the 'piracy' that the US wants to see cracked down on is of materials copyrighted by large US-based corporations, not individual creators. Since distribution of movies, news, internet software and images is a core area of the US economy, the US government has long been aggressively pushing for stricter copyright and patent regimes in international arenas, including through GATT and WIPO. The Korea-US FTA, represents a new step in this process.

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(Thanks, Sasha!)