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

"Linux" Foundation, Besieged by Microsoft, Isn't About Science But Against Science and Against Facts
(and for Microsoft Dogma, Microsoft Domination, Microsoft Money)
IBM Pays IDG's IDC to Market Proprietary Red Hat Enterprise Linux (RHEL) Under the Guise of "Research"
Proprietary RHEL promoted by FUD (Fear, Uncertainty, Doubt or just plain fear-mongering)
Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
 
Open Source Initiative (OSI) Privacy Fiasco in Detail: More on the Complaint, Which Also Points the Finger at Stefano Mafulli and Deb Nicholson
Focus on what they are attempting to distract from
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart
Malware in Proprietary Software - Latest Additions
Original by Free Software Foundation, Inc.
Links 09/04/2025: More Trade Wars and Wars, Chinese Army Troops Found Fighting in Ukraine
Links for the day
Linux Clickbait by Slop
Give it up for Brian Fagioli, the Serial Slopper
IBM and MCC: Layoffs Coming Again to Metro Connect Company Limited (MCC) as Tariffs Bite and IBM's Shares Fall
Blacklists applicable to Chinese suppliers also mean that IBM can no longer cooperate with key partners in Asia
Microsoft's Entire Premise for Its Future Existence Goes Up in Flames
32 minutes ago
GNU/Linux on a High in Colombia
Stereotypes much?
Go Static
Please don't Go(lang) or JavaScript or PHP or...
Techrights Be Like...
K.I.S.S.
Gemini Links 09/04/2025: Autism, Cybersecurity, and LLMs Attacking Services Online
Links for the day
GNU/Linux Would be Measured at Over 5% Globally (by statCounter) Had the Data in India Not Been Changed
GNU/Linux grew a lot in many countries and has expanded since then
Keeping Track of Microsoft Layoffs in 2025
So here's a quick roundup of 2025
The Sixth Anniversary of the Lightweight Alternative to the Web (Gemini Protocol)
Now 11 short of 3,000 active capsules. 65 short of 4,500 total.
Links 09/04/2025: Quartz Fires All Writers (Shutdown, LLM Slop or Slopfarm Instead), "Bitcoin Is Crashing Hard"
Links for the day
People Are Sick of LLM Slop. Offer Them Alternatives.
We never used LLM slop for anything and we never will
Web Surveyor statCounter Sees Apple's macOS Falling From 5.6% to 3.6% in Two Months, It Might Soon be Smaller Than GNU/Linux
Apple's "value" (faked, exaggerated) is back to "pandemic times"
UK House of Lords Recognises the SLAPP Issue in the UK and EFF Pursues "Bill (That) Could Put A Stop To Censorship By Lawsuit" in the US
"A House of Lords inquiry into how the news industry can survive into the future has accused the government of “failing to prioritise” action on strategic lawsuits against public participation (SLAPPs)."
Open Source Initiative (OSI) Privacy Fiasco in Detail: Seeking Class Action Against the OSI
"LETTER SEEKING CLASS ACTION REPRESENTATION"
The Value of Slop, by Alexandre Oliva
Original by Alexandre Oliva
Gemini Links 09/04/2025: Neocities, Tinylogs, and Inter-community Protocols
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 08, 2025
IRC logs for Tuesday, April 08, 2025
You Can Be an A--hole to Women (Even Strangle Women) as Long as You Work for Microsoft
Recalling the Mark Shuttleworth origin story
Canonical is a Proprietary Software Reseller With a 'Debian Base'
"Canonical Ubuntu" is just Debian with some proprietary things sold on top of it