11.04.08

ACTA: More Patent Trolls, Less Democracy

Posted in DRM, Fraud, Law, Patents at 8:23 am by Dr. Roy Schestowitz

“DRM is nearly always the result of a conspiracy of companies to restrict the technology available to the public. Such conspiracy should be a crime, and the executives responsible for it should be sentenced to prison.”

Richard Stallman

ACTA is the worst thing since DMCA and it is, for a fact, far more severe than it. We covered this in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. Behind the ACTA stands the “copyrights cartel,” as Dan Gillmor refers to it. It’s obvious what the problem is (or is not). What’s lesser known, however, is the impact which these abominable laws can have on patent trolls and their victims.

Here is an argument that ACTA may be fuel for patent trolls.

ACTA, a multi-lateral treaty currently being discussed secretly behind closed doors, might export the dangerous IPRED1 directive to the United States, which allow patent trolls in Europe to preventively freeze bank accounts of a company in case of “suspicion of infringement”.

Under this post, ACTA is called “cheap guns for patent trolls.”

According to a leaked document authored by the European Commission DG Trade, the secret ACTA treaty will reopen the debate on the liabilities of Internet Service Providers (ISPs) over content, as well as trying to achieve criminal sanctions in the EU under the French Presidency Sarkozy. France has already criminal sanctions for file sharers, and a law project on file sharing and “graduated response” has been recently passed the Senate. ACTA might also export the dangerous IPRED1 directive to the United States, which allow patent trolls in Europe to preventively freeze bank accounts of a company in case of “suspicion of infringement”.

Michael Geist has already written in protest of these inhumane laws, which are discussed with no consultation whatsoever with those who are affected and those who elected decision-making ‘elites’.

Earlier this year, many Canadians were taken aback by reports of a secret trade agreement that conjured up images of iPod-searching border guards and tough new penalties for every day activities. The Anti-Counterfeiting Trade Agreement, currently being negotiated by Canada, the United States, Japan, the European Union, and a handful other countries, generated sufficient public concern such that then-Industry Minister Jim Prentice specifically denied any links between the treaty and proposed new legislation.

While the ACTA debate has largely disappeared from the public radar screen, the negotiations continue. Over the summer, I reported about attempts to establish a private consultation committee composed of industry groups that excluded public interest organizations. The status of the consultation committee remains unknown, but my latest technology law column (Toronto Star version, homepage version) reports on newly obtained documents [13 MB] under the Access to Information Act that provide additional insights into the secretive nature of the negotiations as well as the results of a limited public consultation conducted by the Department of Foreign Affairs in the spring

FFII has written to demand copies of these documents.

The Foundation for a Free Information Infrastructure (FFII) has requested 12 secret Anti-Counterfeiting Trade Agreement (ACTA) documents from the EU Council. Behind closed doors, the EU, US, Japan and other countries are negotiating ACTA. The negotiating parties plan on making the ACTA text public only after the parties have agreed to it.

This is a democracy? Surely it’s a farce where media companies privately conspire to take citizen’s dignity away. Fight the ACTA before it fights you.

Tinfoil, skull and flag

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2008/11/04/acta-more-patent-trolls/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

2 Comments

  1. mike said,

    November 4, 2008 at 5:28 pm

    Gravatar

    I wonder if this has anything to do with the Australian mandatory filtering scheme?

    Conroy well only say it will compulsory block ‘illegal’ content. Which this will clearly affect. And conveniently, a secretly government controlled ISP filter will be able to enforce it. Is this the beginning of the holy grail of the corporate controlled internet Dysney has always dreamed of?

  2. Roy Schestowitz said,

    November 4, 2008 at 5:36 pm

    Gravatar

    Disney is notorious for brainwash that’s mainly targeted at young people. Look for the documentary film Mickey Mouse Monopoly.

    If people don’t stand up and demand change or disclosure, there will be what’s called “Soviet Internet”, which is policed by diplomats without control or knowledge of the citizens. Another issue is net neutrality, not just DMCA and ACTA. Spread awareness of it

    I wrote about this in:

    http://boycottnovell.com/2008/05/04/lobby-laws-and-patents/

    Also of interest:

    EFA expresses alarm at Government “Internet censorship”

    http://www.itwire.com/content/view/21192/1054/

    No opt-out of filtered Internet

    http://www.infoworld.com/news/feeds/08/10/13/No-opt-out-of-filtered-Internet.html?source=gs

    Conroy announces mandatory internet filters to protect children

    http://www.abc.net.au/news/stories/2007/12/31/2129471.htm

    Australia to get net censorship

    http://www.news.com.au/heraldsun/story/0,21985,22959799-5005961,00.html

    Major Aussie ISP Telstra BigPond shafts open source OpenOffice

    http://tech.blorge.com/Structure%20/2007/12/18/major-aussie-isp-telstra-bigpond-shafts-open-source-openoffice/

    Australia to extend web censorship

    http://www.theinquirer.net/gb/inquirer/news/2007/09/26/australia-extend-web-censorship

    Suit against blogger weaves legal web in Paris, Texas

    http://chron.com/disp/story.mpl/metropolitan/5149745.html

    Web ‘censorship’ bill brings police state one stop closer

    http://www.itwire.com/content/view/14570/1055/

    Howard row over Wikipedia edits

    http://news.bbc.co.uk/1/hi/world/asia-pacific/6961575.stm

    AT&T admits it censored other bands

    http://news.com.com/8301-10784_3-9759184-7.html?part=rss&subj=news&tag=2547-1_3-0-20

    AT&T slams Google over open-access wireless proposal

    http://www.cbronline.com/article_news.asp?guid=B592E3C6-E5F3-4ECA-93C1-3A5A3392024A

    Microsoft and MySpace join Govt’s fight against online predators

    http://www.securecomputing.net.au/news/61208,microsoft-and-myspace-join-govts-fight-against-online-predators.aspx

    Australia’s porn-blocking plan unveiled

    http://news.zdnet.com/2100-1009_22-6202226.html

    Yahoo!, Microsoft ink web pact with Chinese government

    http://www.theregister.co.uk/2007/08/24/yahoo_and_microsoft_ink_chinese_blogging_pact/

    Chinese Internet dissident committed to mental hospital

    http://www.heise.de/english/newsticker/news/94864/from/rss09

What Else is New


  1. IRC Proceedings: Saturday, March 06, 2021

    IRC logs for Saturday, March 06, 2021



  2. How To Deal With Your Raspberry Spy -- Part V: All The Rest

    The final part of a series on liberating the Raspberry Spy from an untrustworthy OS that secretly adds Microsoft keys and proprietary software repositories of Microsoft



  3. How To Deal With Your Raspberry Spy -- Part IV: Doing The Task

    We now spell out the steps taken to actually replace the Raspberry Pi OS with something more trustworthy



  4. Corporations Do Not Represent Communities and Activists, They Just Exploit Them, Discredit Them, and Hijack Their Hard Work

    The AstroTurfing and the Googlebombing campaigns of large corporations would have us believe that genuine activists are toxic and malicious people, whereas corporations exist to save the world from evil people; don’t fall for those Public Relations tactics (a gross inversion of narrative)



  5. Why the 'Raspberry Spy' Blunder is a Lot More Serious and Profound Than the Corporate Media is Willing to Acknowledge

    As this video points out, the ongoing series by Gavin L. Rebeiro is justified by the fact that the 'Raspberry Spy' Foundation continues to work with and some might say for Microsoft; it sold out millions of customers



  6. Links 6/3/2021: “SLS” Mitigation and Exiv2/KDE Project

    Links for the day



  7. How To Deal With Your Raspberry Spy -- Part III: Fundamentals

    Following the introductory and preliminary parts we dive deeper into the steps taken to replace the Raspberry Pi's GNU- and Linux-based OS with something like NetBSD



  8. Links 6/3/2021: Linux 5.12 RC2 and OpenSUSE Tumbleweed Woes

    Links for the day



  9. IRC Proceedings: Friday, March 05, 2021

    IRC logs for Friday, March 05, 2021



  10. Links 5/3/2021: Qubes OS 4.0.4 Release and Wine's Project Leader is Open to Wayland

    Links for the day



  11. How To Deal With Your Raspberry Spy -- Part II: Introduction

    Following Part I, published a few hours ago, let's examine what happened from a technical perspective and what can be done about it technically



  12. How To Deal With Your Raspberry Spy -- Part I: Acknowledgements

    March 2, 2021 blog post series from a guest author; for some background, see blog posts from Microsoft in the official blog of Raspberry Pi and our response to these



  13. German Decision on Unitary Patent/UPC Will Take Years (and It Doesn't Matter Because the Whole Thing is Dead Already)

    Kluwer Patent Blog's Dr. Bausch explains why the UPC is pretty much doomed, as it cannot be ratified any time soon and probably will never be ratified either (for a multitude of reasons, including Brexit)



  14. Techrights in Australia (IPFS and Gemini)

    Allies in Australia will help Techrights serve material from another server; we're still bettering ourselves for an era of oppressive World Wide Web



  15. Professional Troll Matthew Garrett Spreads Libel, Defamation and Slander About the Free Software Community to Entertain Microsoft and Friends

    After months of parking in our IRC channels to provoke and troll people (and try to collect 'dirt' from responses) the professional troll Matthew Garrett has been for many years shows his true colours again



  16. Links 5/3/2021: Linux 5.12-rc2 Imminent, Linux Lite 5.4 RC1 in Review

    Links for the day



  17. IRC Proceedings: Thursday, March 04, 2021

    IRC logs for Thursday, March 04, 2021



  18. Links 4/3/2021: LibreOffice 7.1.1, Cockpit 239, Many Stable Kernel Releases

    Links for the day



  19. Links 4/3/2021: Pardus 19.5 is Out and Free Software Foundation Gets Consulting Grant

    Links for the day



  20. IRC Proceedings: Wednesday, March 03, 2021

    IRC logs for Wednesday, March 03, 2021



  21. The Free Software Foundation Should Re-add Richard Stallman to the Board

    Dr. Richard Stallman is missed by many who perceive him to have been wrongly treated; putting Stallman back in the Board (at the very least) would help the image of the Free Software Foundation more than the newly-announced work with Community Consulting Teams of Boston



  22. Free Software Calling

    Fewer people are willing to "put up with the shit" given by so-called 'Big Tech', seeing that it's mostly about social control rather than enablement or emancipation



  23. Meme: EPO Management Totally Gets 'Tehc'

    The bestest patent office in the whole wide world is besting the “hey hi” (AI) cutting edge; don't worry about exam and certification integrity



  24. The EPO's Software Blunders Are Inevitable Outcome of Technically Clueless Management Which Grants Illegal Patents on Software

    The "clusterfuck" which the EPO has become is negatively affecting not only EPO staff but also stakeholders, who sink into depression and sometimes anger, even fury, at great expense to their health; this is how institutions die (for a quick but short money grab, a culmination of corruption which piggybacks half a century of goodwill gestures)



  25. Links 3/3/2021: OpenSUSE Leap 15.3 Beta, GNU Denemo 2.5, and NomadBSD 1.4

    Links for the day



  26. What Free Software Organisations Can Learn From Australia's Rape Crisis

    Reprinted with permission from Daniel Pocock



  27. Microsoft Weaponises (and Further Spreads) Racism to Distract From Its Own Incompetence (and 'Five Eyes' Collusion for Back Door Access)

    Racist Microsoft is at it again; we're meant to think that China is evil for doing exactly what the United States has been doing but more importantly we're told not to blame Microsoft for shoddy code and back doors (classic blame-shifting tactics and overt distortion of facts, as we saw in the wake of SolarWinds backdoors)



  28. GNU/Linux News Sites Need to Promote Software Freedom, Not Binary and Proprietary Blobs Merely Compiled for GNU/Linux

    There has been lots of proprietary fluff in GNU/Linux 'news' sites so far this week; it merits an explanation or clarification, e.g. why we should generally reject proprietary stuff and instead promote Free/libre alternatives



  29. Links 3/3/2021: OpenSSH 8.5 and Absolute64 20210302 Released

    Links for the day



  30. IRC Proceedings: Tuesday, March 02, 2021

    IRC logs for Tuesday, March 02, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts