[linux-elitists] ACTA - the pro-"Intellectual Property" Agreement Under Progress

Shlomi Fish shlomif at iglu.org.il
Fri Jan 1 12:09:11 PST 2010

Hi all!

Now a draft of ACTA was leaked:


It's a pro-"Intellectual Property" agreement that was leaked and is under the 
guise of fighting counterfeited goods. Michael Geist has an analysis of its 


And monitors it here:


Reading from it:

1.   Baseline obligations inspired by Article 41 of the TRIPs which focuses on 
the enforcement of intellectual property.

2.   A requirement to establish third-party liability for copyright 

3.   Restrictions on limitations to 3rd party liability (ie. limited safe 
harbour rules for ISPs).  For example, in order for ISPs to qualify for a safe 
harbour, they would be required establish policies to deter unauthorized 
storage and transmission of IP infringing content.  Provisions are modeled 
under the U.S.-Korea Free Trade Agreement, namely Article 18.10.30.  They 
include policies to terminate subscribers in appropriate circumstances.  
Notice-and-takedown, which is not currently the law in Canada nor a 
requirement under WIPO, would also be an ACTA requirement.

4.   Anti-circumvention legislation that establishes a WIPO+ model by adopting 
both the WIPO Internet Treaties and the language currently found in U.S. free 
trade agreements that go beyond the WIPO treaty requirements.  For example, 
the U.S.-South Korea free trade agreement specifies the permitted exceptions 
to anti-circumvention rules.  These follow the DMCA model (reverse 
engineering, computer testing, privacy, etc.) and do not include a fair 
use/fair dealing exception.  Moreover, the free trade agreement clauses also 
include a requirement to ban the distribution of circumvention devices.  The 
current draft does not include any obligation to ensure interoperability of 

5.   Rights Management provisions, also modeled on U.S. free trade treaty 

I've blogged about it here:



	Shlomi Fish

Shlomi Fish       http://www.shlomifish.org/
Optimising Code for Speed - http://shlom.in/optimise

Bzr is slower than Subversion in combination with Sourceforge. 
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