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.

---

http://zippydsm.deviantart.com/

 
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SleakerAlthough.. I don't think it hurts anyone if kids think the report is true :P09/01/2014 - 3:26am
Sleakerand just for future reference. National Reports is a fake news site, they decided to remove their disclaimers a while back apparently...09/01/2014 - 3:25am
Thomas RiordanDon't feel bad. I posted the same thing last night and deleted it once I realized it wasn't real.08/31/2014 - 11:13pm
E. Zachary KnightAh. The report actually read serious to me. Oh well. At least it didn't happen.08/31/2014 - 7:46pm
ConsterAlthough apparently someone who was in a swatting ring in Texas took a plea for up to 5 years in July.08/31/2014 - 7:14pm
ConsterProbably because it's a satire site.08/31/2014 - 7:13pm
E. Zachary KnightI agree that the kid should be punished, but the charge and sentence seem a bit overboard to me. http://nationalreport.net/15-year-old-swatted-domestic-terrorism/08/31/2014 - 6:56pm
Andrew EisenI get a "page doesn't exist."08/31/2014 - 11:50am
MaskedPixelantehttps://twitter.com/Nevelets/status/506076879309508608 What we're currently supposed to be offended by, or whatever.08/31/2014 - 10:10am
MechaTama31AE: Probably snarky commentary on this: http://www.gamepolitics.com/2014/08/29/principle-player-leland-yee-arms-trading-case-dies08/30/2014 - 8:43pm
Andrew EisenConster - Don't know. Got a link to whatever you're referring to?08/30/2014 - 7:04pm
ConsterWait, what's this about Leland Yee eliminating witnesses?08/30/2014 - 5:50pm
IanCBroke my EA boycott to pick up Plants vs Zombies Garden Warfare. Loving it. Still hate EA though. But i like Popcap. Gah.08/30/2014 - 6:01am
MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
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