Michael Geist sez, "The World Intellectual Property Organization may be best known for the Internet treaties that led to the DMCA, but in recent years groups like EFF, KEI, and Public Knowledge has helped to open things up and move toward a Development Agenda that better balances international intellectual property policy.
That progress may be threatened by the Anti-Counterfeiting Trade Agreement, which officials now acknowledge is designed to exclude WIPO, developing countries, and NGOs."
Moreover, the criminal provisions go well beyond clear cases of commercial infringement by including criminal sanctions such as potential imprisonment for "significant wilful copyright and trademark infringement even where there is no direct or indirect motivation of financial gain."
The ACTA Threat To The Future Of WIPO
Jail time for non-commercial infringement will generate considerable opposition, but it is the internet provisions that are likely to prove to be the most controversial. At the December meeting in Paris, the US submitted a "non-paper" that discussed internet copyright provisions, liability for internet service providers, and legal protection for digital locks.
While the substance of the treaty will remain fodder for much debate, Canadian officials recently hosted a public consultation during which they acknowledged the true motivation behind the ACTA. Senior officials stated that there were really two reasons for the treaty. The first, unsurprisingly, was concerns over counterfeiting. The second was the perceived stalemate at WIPO, where the growing emphasis on the Development Agenda and the heightened participation of developing countries and non-governmental organisations have stymied attempts by countries such as the United States to bull their way toward new treaties with little resistance.
Given the challenge of obtaining multilateral consensus at WIPO, the ACTA negotiating partners have instead opted for a plurilateral approach that circumvents possible opposition from developing countries such as Brazil, Argentina, India, Russia, or China. There have been hints of this in the past - an EU FAQ [frequently asked questions] document noted that "the membership and priorities of those organisations [G8, WTO, WIPO] simply are not the most conducive" to an ACTA-like initiative - yet the willingness to now state publicly what has been only speculated privately sends a shot across the bow for WIPO and the countries that support its commitment to multilateral policymaking.
Fresh Comfy is a Thai scarf-seller whose gauzy chiffon scarves come screened with motifs from literary classics, in a variety of finishes (grey, black, off-white, full color): Anne of Green Gables cover; Harry Potter Marauders’ Map; Map of Middle Earth; Pride and Prejudice cover; the Cheshire Cat; Romeo and Juliet title-page; Sherlock Holmes engravings; Alice […]
Solid Oak Sketches has filed copyright registrations in the tattoo designs that decorate the bodies of some of basketball’s biggest stars (LeBron James, Kobe Bryant, Kenyon Martin, DeAndre Jordan, Eric Bledsoe, etc), and has sued Take-Two Software, maker of NBA 2K16 and other basketball video games, for reproducing tattoos as part of the likenesses of […]
Rheney Williams, a former attorney from Charleston, SC, sells a line of unofficial Disneyland-scented candles themed after the rides, food, and environments of the park.
Remember back to the time when people thought java was just a hip way to talk about coffee? Or you vaguely remembered from geography class that it’s an island in the South Pacific? We’ve come a long way since then and now that we’ve rocket blasted into the tech future, you’re going to need to […]
Plastic is so 2013. You don’t want to buy something only to throw it away or lose it and barely care. You like nice things and want to hang onto them. The Plazmatic lighter here is a high quality, high tech alternative to the typical cheap, plastic lighter you get at the old gas station. […]
Real engineers build things. Super cool engineers build things with their hands and fingers, like our engineering forefathers did. No idea where to even begin to do that? This step by step Arduino course is now 92% off and is going to get you up and running, from zero to hero, in no time. So […]