First Official ACTA Draft Released

April 21, 2010 -

Responding to a call for more transparency on negotiations surrounding the Anti-Counterfeiting Trade Agreement (ACTA), a public “predecisional” draft of the document, as it currently stands, has been released to the public.

 Dubbed “Consolidated Text Prepared for Public Release,” the ACTA document (PDF) was issued following the latest round of negotiations, which wrapped up in New Zealand last week. Prior to this release, all previous versions of ACTA text that made it into the public eye were leaked.

Ars Technica waded through the legal-jargon to decode the document for us mere mortals. In terms of Digital Rights Management (DRM), the ACTA text, as it reads now, would ban any attempt to circumvent DRM, or “the unauthorized circumvention of an effective technological measure.”

Some had worried that ACTA would turn border and/or security guards into iPod or laptop sniffers, attempting to ferret out illegally-obtained copyrighted goods. The latest ACTA text contains a provision that would allow countries to “provide for measures which would safeguard the benefit of certain exceptions and limitations to copyright and related rights, in accordance with its legislation,” which Ars took as relating to portable media or computing devices.

When it comes to commercial shipments however, border/custom officials would be able to seize suspected infringing goods on their own initiative, without a rights-holder complaining.
Another very broad section of the ACTA draft states that “judicial authorities shall have the authority, at the request of the applicant, to issue an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right.”

As Ars also notes, a three-strikes-type clause that would have allowed for the suspension or cancellation of infringers ISP accounts is not in this version of ACTA at all.

Ars points out a few more tidbits from the draft, goes on to offer a full history of how ACTA got to where it is today and then offers interpretations of how ACTA could impact the world once it’s official and enacted, including:

How will ACTA be used? Probably in the same way that the DMCA [Digital Millennium Copyright Act] has been used: as a worldwide stick to beat through a US-centric version of copyright and IP law. This is especially true of the Internet section, which the US drafted.

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Comments

Re: First Official ACTA Draft Released

I hate this bill. There are many aspects of it that further reduce our rights to privacy, not just in the game-related areas.

It has a section that would basically allow US officials to take your iPod when entering the country, check to see if it has "suspected" pirated material, then confiscate it. You must then *prove* that YOU bought it, or else face a lost iPod and/or fines/imprisonment.

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

Re: First Official ACTA Draft Released

1) This is not a bill but an international trade agreement.

2) There is not such provision. Read the ArsTechnica summary. They clearly point that out.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: First Official ACTA Draft Released

Yeah really - I'd support it, if it bans DRM on stuff so people can make legit copies. But it's only about corporate rights, not consumer rights.

 

Re: First Official ACTA Draft Released

- Game has DRM.
- Company quits supporting game, drm fails, nobody can play.
- You get a hack to play it still.
- Company sues.

What.

Re: First Official ACTA Draft Released

*plays the imperial march*

 

We need to change the copyright to focus more on the flow of money and less on copies and distrobusion.

http://forums.theeca.com/showthread.php?t=9439


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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http://zippydsm.deviantart.com/

 
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MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
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MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
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Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
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MechaTama31I don't even want to know...02/27/2015 - 8:22pm
 

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