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30th July  Update:  Game Over...


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Devices short circuiting Nintendo DS controls declared illegal to sell, advertise or import

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 full story: ACTA...Anti-Counterfeiting Trade Agreement

R4A High Court has ruled that devices that allow gamers to play pirated video games are illegal in the UK.

The ruling specifically targets a range of popular devices which can be used to store and play copied games on the Nintedo DS handheld console.

The ruling says game copiers are illegal to import, advertise and sell in the UK.

The defendants - Playables Limited and Wai Dat Chan - had argued that they allow gamers to play home-made games.

The mere fact that the device can be used for a non-infringing purpose is not a defence, read the ruling by Justice Floyd. Related stories

Nintendo said it was pleased that the court was not persuaded by the defendant's arguments, claiming that game copiers are lawful, as they allow for the play of 'homebrew' applications. The court affirmed that game copiers first circumvent Nintendo's security systems before any non-infringing application can be played on Nintendo's handheld products, it said in a statement.

Game copiers are designed to fit into the game cartridge of Nintendo's DS. Games can then be loaded from memory cards. The chips circumvent the protection measures Nintendo has built into its DS consoles, enabling illegally pirated games to be downloaded online and stored on a chip. Other gamers use them to store and load homemade games or, as they can hold multiple games, to store their entire collection of titles in a portable format.

 

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Even elected MEPs are not allowed to share progress information

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 full story: ACTA...Anti-Counterfeiting Trade Agreement

Pirate PartyThe degree of secrecy surrounding the controversial Anti-Counterfeiting Trade Agreement (ACTA) has reached a worrying new height. Pirate Party MEP Christian Engstrom saw himself forced to leave a meeting with ACTA negotiators in the European Parliament after he was forbidden from sharing information with the public.

ACTA is an international agreement that aims to target piracy and counterfeiting globally. The secrecy surrounding the negotiations is astonishing. It became clear that even elected representatives at the European Parliament are not allowed to share ACTA-related information with their voters.

Following the latest round of ACTA negotiations in Lucerne, Switzerland, the Commission's negotiators came to the European Parliament to give an update on ACTA's progress. True to the secrecy surrounding most ACTA meetings, the gathering was closed to the public.

Pirate Party MEP Christian Engstrom was also invited to join, and at the meeting he asked if this secret setup also meant that he wasn't allowed to share any of the information with the public.

At first the Commission seemed unwilling to answer this question with a straight yes or no, but after I had repeated the question a number of times, they finally came out and said that I would not be allowed to spread the information given, Engstrom explained.

Like many others, Engstrom fails to see the benefit of keeping information from the public. There is no sensible reason why the ACTA negotiations should be carried out in secret, or why Members of the European Parliament should not be allowed to discuss information about ACTA with their constituents. In a democracy, new laws should be made by the elected representatives after an open public debate. They should not be negotiated behind closed doors by unelected officials at the Commission, in an attempt to keep the citizens out of the process until it is too late.

That is disgraceful, Engstrom concludes.

 

6th July  Update:  Civil or Criminal Offences...


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UK opposes ACTA criminalisation of file sharers

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 full story: ACTA...Anti-Counterfeiting Trade Agreement

Ragged Union JackFollowing revelations from a leaked ACTA document that participating countries would be expected to bring in a system of monetary fines and jail sentences for those who share files without authorization, the UK has ruled out such a response.

The UK government has announced that it feels such penalties are inappropriate for dealing with minor copyright infringers.

A leaked ACTA document published by citizen advocacy group La Quadrature du Net revealed the intention to introduce criminal sanctions into the Anti-Counterfeiting Trade Agreement (ACTA) for file-sharing offenses.

The ACTA Chapter 2 Criminal Provisions document (.pdf) stated that each party shall provide for effective proportionate and dissuasive penalties to include imprisonment and monetary fines.

Jérémie Zimmermann, spokesperson for La Quadrature du Net said: The leaked document shows that the EU Member States are willing to impose prison sanctions for non-commercial usages of copyrighted works on the Internet as well as for 'inciting and aiding', a notion so broad that it could cover any Internet service or speech questioning copyright policies.

As noted by Zimmermann, the ACTA text includes proposals to apply criminal sanctions to infringements that have no direct or indirect motivation of financial gain. There are suggestions that financial gain could simply be obtaining anything without paying.

However, it seems that at least one country is showing a reluctance to go along with suggestions that file-sharers should feel the full weight of a criminal court. The UK Government has now said that it feels that criminal sanctions are an inappropriate way to deal with this type of copyright infringement.

Acta should not introduce new intellectual property laws or offences. Instead, it should provide a framework to better enforce existing laws, a UK Intellectual Property Office representative told ComputerActive.

 

3rd July    FBI Protection...
 
US government talk tough on international copyright infringement

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FBI logoThe US government unveiled an intellectual property strategy that, among other things, will include an examination of international Web sites that traffic in counterfeit products.

Now, more than ever, we need to protect the ideas, artistry, and our reputation for quality, provide our businesses with the incentives to make each new product better, reduce crimes related to intellectual property infringement and keep dangerous counterfeits out of our supply chain to protect our citizens, Victoria Espinel, U.S. intellectual property enforcement coordinator, said in a statement.

Espinel joined Attorney General Eric Holder, Vice President Joe Biden, and other top administration officials at the White House to introduce the plan.

The strategy includes more than 30 recommendations, which fall into six categories. Among those categories is a push to secure the supply chain. This, Espinel wrote, will include monitoring foreign Web sites selling fake or stolen goods.

We will take a close look at the unique problems posed by foreign-based Web sites and other entities that provide access to counterfeit or pirated products, and develop a coordinated and comprehensive plan to address them, Espinel wrote. We will make sure our law enforcement has the authority it needs to secure the supply chain and also encourage industry to work collaboratively to address unlawful activity on the Internet, such as illegal downloading and illegal Internet pharmacies.

The strategy acknowledged the difficulties in policing IP infringement overseas. Espinel's office will work with other agencies, like DOJ and the FBI, to develop a coordinated and comprehensive plan to address enforcement actions, an effort that will include U.S. law enforcement, diplomatic and economic agencies working overseas, and the U.S. government working with the private sector.



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