Bonum Certa Men Certa

It's Not a Democracy, It's ACTAtorship

The reign of imaginary entities

Authorised personnel sign



Summary: The United States denies access to ACTA documents/negotiations whereas the EU softens a little

IN PREVIOUS writings about the ACTA, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18], we showed how it relates to our focus on software patents and the general neglect of human rights, part of which relates to relentless attempts to ban Free(dom) software. Microsoft is not the only party which is interested in this, but it is the main aggressor and Novell helps this. To quote a comment from last night, "I dont worry about Novell distributing as much as them infecting Gnome through their heavy use of mono which is now an integral part of applications like Evolution.



“Microsoft is not the only party which is interested in this, but it is the main aggressor and Novell helps this.”"All of Novell’s excemptions dont apply to other other developers/distros so in a way, when Microsoft comes bearing down on the stolen IP in Mono, and they will, it wont be because of the code Novell developers will have contributed it but the ones who are not covered by the patent."

But anyway, the subject of this post is neither Novell nor Microsoft but something a lot broader and more far reaching. It demonstrates a more political issue that we complained about before, namely the rule of corporations in what ought to have been a society which is managed by ethical guidelines, not the unconstrained interests of affluent shareholders.

As further sign of degrading law and the crisis of 'western' societies (return to feudalism or police states), consider this reluctance to be transparent, courtesy of a president who bragged about openness.

Obama Administration Rules Texts of New IPR Agreement are State Secrets



[...]

We have been seeking access to documents relating to negotiations on an important new intellectual property enforcement treaty. The agreement, misleadingly named the Anti-Counterfeiting Trade Agreement, or ACTA, is thought to cover a wide range of intellectual property enforcement issues -- including standards for granting injunctions for alleged infringement of patents or copyrights, damages, seizures of goods in transit, surveillance of Internet digital file transfers, searches of personal property, and a dozen other topics.


Wired Magazine even used a derogatory image, which it put up at the top.

President Barack Obama came into office in January promising a new era of openness.

But now, like Bush before him, Obama is playing the national security card to hide details of the controversial Anti-Counterfeiting Trade Agreement being negotiated across the globe.

The White House this week declared (.pdf) the text of the proposed treaty a "properly classified" national security secret, in rejecting a Freedom of Information Act request by Knowledge Ecology International.

[...]

If ratified, leaked documents posted on WikiLeaks and other comments suggest the proposed trade accord would criminalize peer-to-peer file sharing, subject iPods to border searches and allow internet service providers to monitor their customers' communications.


TechDirt claims:

When the Obama administration took over, there was a public stance that this administration was going to be more transparent -- especially with regards to things like Freedom of Information Act requests. The nonprofit group Knowledge Ecology International took that to heart and filed an FOIA request to get more info on ACTA. The US Trade Representative's Office responded denying the request, saying that the information was "classified in the interest of national security pursuant to Executive Order 12958." This is a treaty about changing copyright law, not sending missiles somewhere. To claim that it's a national security matter is just downright scary. As KEI points out, the text of the documents requested have been available to tons of people, including more than 30 governments around the world and lobbyists from the entertainment industry, pharma industry and publishing industry.


Obama and Biden are part of a bigger framework and this very recent presentation from professor Lawrence Lessig (scroll to bottom) is worth watching for further details.

Check out this document and a list of involved parties. According to the list, those with a representative involved in the ACTA are Abbott Laboratories, Inc., AbleMedia LLC, Advanced Medical Technology Association, AeA: Advancing the Business of Technology, Alvarez & Marsal, LLC, American Association of Exporters and Importers, American Chemistry Council, American Council of Life Insurers, American Council of Life Insurers, American Council on Education, American Hotel and Lodging Association ,American International Group, Inc., American National Standards Institute ,American Society of Civil Engineers, Anheuser-Busch Companies, Inc., Applied Materials, Inc., Arjay Telecommunications, Association of American Publishers, Inc., BOSE Corporation, Braden Sutphin Ink Company, Center for Quality Assurance in International Education, CF Industries, Inc., Chemtura Corporation, Cisco Systems, Inc., Citigroup Inc., Color Pigments Manufacturers Association, Inc., Computing Technology Industry Association, Cook Group Incorporated, CropLife America, Deloitte and Touche USA LLP, E.I. DuPont de Nemours & Company, eBay Inc., Eli Lilly and Company, Emergency Committee for American Trade, Energy Associates, Entertainment Software Association, Fanwood Chemical, Inc., FedEx Express, FMC Corporation, General Motors Corporation, General Motors Corporation, Generic Pharmaceutical Association, Gorlin Group [the], Gowan Company ,Harkins Cunningham, LLP, Harris Corporation, Haynes and Boone, L.L.P., Hemisphere Polymer and Chemical Company, Inc., Honeywell International, Inc., IBM Corporation, Independent Film & Television Alliance, Intel Corporation , Intellectual Property Owners Association, Intermune, Inc., International Intellectual Property Alliance, Intuit Inc., Investment Company Institute, Johnson & Johnson, Medtronic, Inc., Micron Technology, Inc., Milliken Chemical, Monsanto Company, Motion Picture Association of America, Inc., National Foreign Trade Council, Inc., National Nursing Centers Consortium, National Paint & Coatings Associatio , New York Life Insurance Company, North Coast Medical Equipment, Inc., Oracle Corporation, Pfizer Inc. ,Philadelphia International Medicine, Procter & Gamble Company, Prudential Financial, Inc., Public Policy Software and Information Industry Association, Recording Industry Association of America, Advanced Micro Devices, Rubber Manufacturers Association, S.C.Johnson & Son, Inc., SACMA, Schering-Plough Corporation, Semiconductor Industry Association, Society of the Plastics Industry, Inc., Sotomayor & Associates, LLP, Stryker Corporation, Sun Microsystems, Inc., Synthetic Organic Chemical Manufacturers Association, The American Institute of Architects, The American Waterways Operators, The Boeing Company, The Dow Chemical Company, The Fertilizer Institute, The Louis Berger Group, Inc., The McGraw-Hill Companies, The U.S.-China Business Council, Thomas G. Faria Corporation, Time Warner Inc., Transaction Network Services, Inc., Troy Corporation, U.S. Coalition of Service Industries, United States Council for International Business, UPS International Public Affairs, Verizon Communications Inc., Wal-Mart Stores, Inc., Wilbur Smith Associates, Wiley Rein LLP, and XSelData.

By contrast, the European Parliament does not so religiously hide the documents anymore. In fact, according to professor Michael Geist from Canada, transparency will increase and maybe because of public pressure.

The European Parliament has voted for a proposal to bring more transparency and public access to documents. The resolution includes specific language about the Anti-Counterfeiting Trade Agreement. In particular, it states:

Acting in accordance with Article 255(1) of the EC Treaty, the European Commission should immediately make all documents related to the ongoing international negotiations on the Anti-Counterfeiting Trade Agreement (ACTA) publicly available.


Saint PatrickTransparency is one thing, but to what degree can the public (the 'little people') get involved? These are very predatory laws and they are being passed without public inquiry, let alone visibility. This may indicate that there is a lot to hide.

Commissioner Charlie McCreevy [1, 2, Patents Roundup: Microsoft Sued, Health Care Weighs in, McCreevy Denounced] has been one of the biggest proponents of maximising intellectual monopolies in Europe. With some shuffles in the European Commission coming, hopefully he will be out.

Saint Patrick's Day is approaching and we previously showed the possible relations between Charlie McCreevy (in Ireland) and Microsoft.

"The people of the States now confederated.....believed that to remain longer in the Union would subject them to continuance of a disparaging discrimination, submission to which would be inconsistent with their welfare, and intolerable to a proud people. They therefore determined to sever its bounds and established a new Confederacy for themselves."

--Jefferson Davis

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
 
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day