Posted on 11/04/2009 9:35:36 AM PST by antiRepublicrat
The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama's administration refused to disclose due to "national security" concerns, has leaked. It's bad. It says:
* That ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn't infringing will exceed any hope of profitability.
* That ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet -- and hence to civic participation, health information, education, communications, and their means of earning a living -- if one member is accused of copyright infringement, without access to a trial or counsel.
* That the whole world must adopt US-style "notice-and-takedown" rules that require ISPs to remove any material that is accused -- again, without evidence or trial -- of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.
* Mandatory prohibitions on breaking DRM, even if doing so for a lawful purpose (e.g., to make a work available to disabled people; for archival preservation; because you own the copyrighted work that is locked up with DRM)
With the new "take from the rich, and give to the poor" method of the Obama Administration, shouldn't we be copying everything we can, and redistributing it, as well?
If I own the materil, is it required that I put DRM on it?
That was the DMCA and the CTEA, a.k.a, "Mickey Mouse Copyright Protection Act" (Mickey's earliest work was about to go into the public domain, so they extended copyright ostensibly to comply with another treaty).
The internet killed Gore, Kerry and Dan Rather. It is killing, as I type this, Gore and Obama. They must stop the free flow of ideas and speech or become obsolete.
“Their strength used to be in an impenetrably huge bureaucracy, against which the average citizen - or even citizen group - was no match. The internet changed all that, and gave us the power we had when government was small.
They must stop the free flow of ideas and speech or be obliterated by truth. They are in a fight for their lives. What they don’t know is a lot of other people feel that way too, which is why there are ammo shortages.”
This was how the Church reacted to the printing press in the 1400’s....how the European Monarch’s reacted to the telephone in the 1890’s and early 1900’s....and now maybe...the internet will be the death of the welfare state?.....
The only way it can be stopped is to convince the Senate not to approve the treaty.
no
Perhaps the solution will be to just overwhelm the system with copy write infractions. Potentially bog down the courts for centuries.
Thank you say I think this is a film you might be interested in watching.
http://bluelori.blogspot.com/2009/10/capitalist-conspiracy-inside-view-of.html
Oh and more on ACTA
http://www.boingboing.net/2009/11/04/more-on-secret-copyr.html
copyright bump
I believe it was more than that. It was secret and got a lot of frantic emails going to kill it. Mid 1997s. Deliberations were in Europe.
I think I may have seen the film, but I am watching it again.
Thanks.
That was probably the 1996 WIPO Copyright and Performances and Phonograms Treaties Implementation Act, ostensibly the reason for the DMCA and CTEA. It followed the same unconstitutional pattern.
But you don’t get it: The Obama administration’s method isn’t take from the rich and give to the poor. It’s take from the productive and give to the unproductive. Defending those whose only contribution to the arts and sciences is making copies of what others have created and then charging people for the right to use it fits perfectly well with the Obama program.
Scientists make new discoveries, write them up, then commercial publishers charge their universities for copies of the paper and will sue if one of their colleagues prints a dozen to hand out to his class. Henry Holt & Co. stops Robert Frost’s 1928 poem “Fire and Ice” from being used as song lyrics in the U.S., even though Frost died in 1968. And record companies who will sue file sharers at the drop of a hat have to be sued by the artists who actually produce their content to get them to pay the royalties the actual artists are due.
Ayn Rand’s ideas are generally almost as toxic and anti-human as those of the left, but she correctly predicted the real dichotomy that collectivism tries to “fix” by force: between producers and non-producers, not between rich and poor.
Kissinger is not a lawyer, nor even an expert on US Constitutional Law. If he said it, he was mistaken. Numerous of the Founders including Madison and Jefferson commented on the meaning of the Supremacy Clause as it relates to treaties, and the Supreme Court has ruled on several occasions. The existing precedent is essentially that Treaties have the same standing as Federal Law: they are subservient to the Constitution.
The most recent precedent, by a pretty liberal court in 1957 was established in Reid v. Covert. Among many things written there which demolish the claim that a treaty overrides the Constitution, the Court wrote:
"This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty."
Thanks for the ping!
Yes, I’m sure that was it.
Onion routed no ISP wimax mesh networks for the win.
I can remember back a little over a year ago when New World Order, One World Government threads were deemed to be tinfoil hat.
Obama is just pushing it along. Copenhagen will be another meeting to sellout the US.
Not so tinfoil hat anymore as we watch it happening.
I think that needs its own post. Ping me when you do it and I’ll send it out to the list.
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