One sided copyright measure rejected by the European Parliament
See article from
See article from
In a 478 to 39 vote, the European Parliament decided to reject ACTA once and for all.
Six months ago, it was all but certain that ACTA would pass unnoticed in silence. The forces fighting for citizens' rights tried to have it referred to the
European Court of Justice in order to test its legality and to buy some time. But then, something happened.
A monster by the name of SOPA appeared in the United States. Thousands of websites went dark on January 18 and millions of voices cried
out, leaving Congress shell-shocked over the fact that citizens can get that level of pissed off at corporate special interests. SOPA was killed.
In theory, ACTA could still come into force between the United States and a number of smaller states.
Ten states have been negotiating it, and six of those need to ratify it to have it come into force. In theory, this could become a treaty between the United States, Morocco, Mexico, New Zealand, Australia, and Switzerland. (But wait, the Mexican Senate
has already rejected ACTA. As has Australia and Switzerland in practice.
The European Commissioner responsible for the treaty, Karel de Gucht, has said that he will ignore any rejections and re-table it before the European Parliament until it
passes. That's not going to happen. Parliament takes its dignity very seriously and does not tolerate that kind of contempt.
In the wake of the rejection vote, EuroISPA, An organisation of ISPs at the European level, said:
EuroISPA and its
members welcome the European Parliament's decision to call for a more balanced approach in the protection of the fundamental rights at stake when the EU negotiates international treaties. The European Parliament found that the intended benefits of the
Anti-Counterfeiting Trade Agreement (ACTA) were far outweighed by the potential threats to civil liberties and the legal uncertainties about the role of Internet Service Providers in enforcing intellectual property rights.
19th July 2012. See article from
The European Union has been accused of trying to push through a controversial deal, which would force internet service providers to hand over the
personal details of anyone suspected of infringing copyright online, by the back door.
Leaked documents show that the most hotly contested sections of the Anti-Counterfeiting Trade Agreement (ACTA), which was overwhelmingly rejected by the
European Parliament less than a week ago, also appear in a trade agreement between the EU and Canada called CETA, negotiations on which are in their final stages.
Experts say that the Agreement's supporters -- who include the European Commission -
are trying to get its most controversial provisions past European lawmakers in the knowledge that they would not be able to object to the full Agreement on grounds they have already acceded to in another.
Australia defers consideration of ACTA ratification awaiting the outcome in Europe
3rd July 2012 |
See article from
The Australian parliamentary Treaties Committee is recommending that ratification Of ACTA be deferred - partly because of its near-collapse in Europe.
The committee states that ACTA should not be ratified until a range of conditions, including a
cost-benefit analysis, are met.
Committee chair Kelvin Thomson says, in the committee's media statement outlines concerns including: a lack of clarity in the text; insufficient protection for individuals; and ACTA's potential to shift the
balance in the interpretation of copyright law, intellectual property law and patent law . He also notes the unfavourable reception that ACTA has received internationally.
|14th May |
Switzerland decides not to sign ACTA
See article from gamepolitics.com
Open Rights Group: Briefing on the Anti-Counterfeiting Trade Agreement from
According to web site Geneva Lunch, the Anti-Counterfeiting Trade Agreement (ACTA) quietly suffered another setback in Switzerland where the Swiss Federal Council said it would not sign the agreement.
The Federal Council noted that since
negotiations for the treaty concluded criticism of ACTA has continued to grow in a number of countries. The Federal Council went on to say that they are taking fears expressed about ACTA seriously because they concern fundamental liberties and
important legal provisions.
Update: Judicial Review
18th May 2012. See article from gamepolitics.com
The Anti-Counterfeiting Trade Agreement (ACTA) will get a judicial review in
Europe's highest court, according to the Wall Street Journal. The European Commission has asked the European Court of Justice - the highest court in Europe, to review the treaty and make sure that it is compatible with current European treaties and the
Charter of Fundamental Rights of the European Union.
The Court's opinion is vital to respond to the wide-ranging concerns voiced by people across Europe on whether ACTA harms our fundamental rights in any way, said John Clancy, the
spokesman for EU trade commissioner Karel de Gucht.
|29th March |
European Parliament trade committee somehow decides not to consult the European Court about legality after all
See See article from
The European Parliament's international trade committee has rejected a proposal by David Martin, an MEP who is drafting the Parliament's position on ACTA. Martin wanted to ask the European Court of Justice for its opinion on the controversial anti-piracy
treaty, but the committee decided that wasn't needed and will now vote in June on whether to approve ACTA. Opponents of the treaty see the development as a victory.
In a February announcement, EU trade chief Karel De Gucht said that following
discussion with fellow Commissioners, the Anti-Counterfeiting Trade Agreement (ACTA) would be referred to the European Court of Justice (ECJ).
The treaty, which is aimed at harmonizing global copyright enforcement globally, has largely been
formulated behind closed doors and its critics fear it will only lead to censorship and surveillance of Internet users.
The plan was to ask the ECJ to look at ACTA and decide if it conflicts with the EU's fundamental rights and freedoms, including
freedom of expression and right to privacy.
ACTA will now be pushed through committees in the European Parliament during April and May and then to a final full Parliament vote at its June plenary session.
If ACTA dies in European
Parliament, then it's a permakill, and the monopoly lobbies will have to start fighting uphill, said Pirate Party founder Rick Falkvinge in a comment. If ACTA passes, the same monopolists get tons of new powers to use, and close the door for the
foreseeable future behind the legislators for a very necessary reform of the copyright and patent monopolies.
After its existence was first discovered by the public in 2008 after documents were uploaded to Wikileaks, ACTA's opponents now have
just 10 weeks to pull out the stops.
|18th February |
How Hollywood inflicted overkill
scuppers much needed international agreement on piracy control. By Harold Feld
See article from huffingtonpost.com
|15th February |
Netherlands and Bulgaria register dissent against the one-sided ACTA treaty
See article from
See also The
Netherlands Looks to Take the Lead in Relaxed Copyright Legislation from gizmodo.com
European disquiet about the terms of the ACTA anti-piracy treaty is gaining momentum. The Netherlands and Bulgaria are the latest to question the treaty.
A majority of the Dutch Parliament is said to be against the ratification of ACTA. They only
intend to change this position if there's irrefutable evidence that it doesn't violate basic human rights.
Right now this is certainly not the case, as professors Douwe Korff and Ian Brown examined ACTA's compatibility with human rights and
Overall, ACTA tilts the balance of IPR protection manifestly unfairly towards one group of beneficiaries of the right to property, IP right holders, and unfairly against others.
equally disproportionately interferes with a range of other fundamental rights, and provides or allows for the determination of such rights in procedures that fail to allow for the taking into account of the different, competing interests, but rather,
stack all the weight at one end.
This makes the entire Agreement, in our opinion, incompatible with fundamental European human rights instruments and -standards.
Meanwhile in Bulgaria, more than 10,000 people
took the streets in Sofia last Saturday to protest the treaty, Economy Minister Traicho Traikov then announced that the country will not ratify ACTA before other EU countries have made up their minds.
|14th February |
President of the European Parliament speaks out against ACTA
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The recently elected president of the European Parliament, Martin Schulz, has criticized the current ACTA treaty, saying it provides little protection for the rights of individual users.
I don't find it good in its current form, Schultz
said in an interview with Germany's ARD television station on Sunday. The current treaty swings too heavily in favor of copyright holders, he said, and an individual's internet freedoms is only very inadequately anchored in this agreement.
Schultz's own party, the Progressive Alliance of Socialists and Democrats, has come out against ACTA, and the German government announced on Friday that it was going to hold off on ratifying ACTA until after the European Parliament has voted on the issue. That vote is scheduled in June, after the European Parliament's trade committee has scrutinized it.
|12th February |
Reports from anti-ACTA protests
See article from bbc.co.uk
Thousands of people have taken part in co-ordinated protests across Europe in opposition to a controversial anti-piracy agreement.
Significant marches were held in Germany, Poland and the Netherlands against the Anti-Counterfeiting Trade Agreement
Around 200 protesters gathered in central London outside the offices of several major rights holders.
Saturday's London demonstration was supported by the Open Rights Group, a vocal opponent to the treaty. The group's executive
director, Jim Killock, argued that Germany's stance shows Acta negotiations were carried out in secret by EU bureaucrats . Three member states in Europe are now looking like they don't want to sign, he told the BBC: That
shows that politicians are only really starting to look at this now. All of a sudden, the whole thing is breaking down.
Speaking at the London protest Loz Kaye said: What we've seen is a whole wave of people coming out on the streets right
across Europe, he told the BBC. Some people have been called extreme, but equally, Amnesty International, Medecins Sans Frontieres have spoken out. Even The Economist, which is hardly radical, has described the treaty as potentially
More demonstrations were held in other UK cities, including Edinburgh and Glasgow. .
|11th February |
Amnesty International urges EU to reject international anti-counterfeiting pact
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Amnesty International has urged EU governments not to join the Anti-Counterfeiting Trade Agreement (ACTA), branding it a Pandora's box of potential human rights violations.
Starting this Saturday, 11 February, a range
of civil society groups and individual citizens have planned protests in many European cities to voice opposition to ACTA before the European Parliament decides whether to formally ratify the pact later this year.
International believes the pact's content, process, and institutional structure impact in a number of ways on human rights -- especially the rights to due process, privacy, freedom of information, freedom of expression, and access to essential medicines.
The EU should reject ACTA in its current form -- implementing the agreement could open a Pandora's box of potential human rights violations by doing away with due process and front-loading the requirement to enforce its
provisions, said Widney Brown, Senior Director of International Law and Policy at Amnesty International: While Amnesty believes that creators should be compensated for their work, the protection of intellectual property should never come at the
expense of basic human rights.
Amnesty International is concerned about ACTA's broad coverage, vague language, and tendency to value private law enforcement over judicial review. Rather than allowing the courts to resolve how
infractions of the ACTA should be treated, the pact obliges states to encourage third parties to enforce its provisions.
This would incentivize Internet Service Providers (ISPs) to impose repressive measures to avoid
infringements, such as blocking, deleting, or even suspending services without recourse to judicial review.
Companies may be threatened with criminal sanctions if they derive indirect economic benefit from infringements or
if they are deemed to have aided and abetted one or more acts of infringement. This is likely to have a chilling effect on free speech and access to information.
As these private companies would also be incentivized to
implement intrusive surveillance technologies in order to avoid being liable for the actions of their users, this would also lead to gross violations of user privacy.
Access to generic medicines and other essential products could
also be affected, as the ACTA would give customs officials the authority to seize products with labels suspected of being confusingly similar to trademark brands. Giving generic medicines similar labels helps to communicate medical equivalence and
supports public health policy goals.
Amnesty International is also gravely concerned about the ACTA's vague and meaningless safeguards. Instead of using well-defined and accepted terminology, the text refers to concepts such as
fundamental principles and even invents a concept of fair process , which currently has no definition in international law.
Only a small number of states including EU members, Japan, Australia and the USA, have
negotiated the Agreement since 2007. The negotiation process has lacked transparency and democratic credibility, as it has taken place outside of recognized institutions, such as the World Intellectual Property Organization (WIPO) and the World Trade
The public was kept out of the process, and civil society, despite its demands, has not yet had access to all documents relating to the ACTA negotiations. US industry was kept up to speed with the negotiations,
on condition that the industry partners signed a non-disclosure agreement.
The resulting standards are tremendously skewed towards protecting commercial interests over human rights.
Germany and Latvia
See article from bbc.co.uk
Germany has halted signing a controversial anti-piracy accord, the Anti-Counterfeiting Trade Agreement (Acta), after the justice ministry voiced concerns.
A foreign ministry spokesperson told AFP that the delay was to give us time to carry out
further discussions .
Latvia put off ratification on Friday. Poland, the Czech Republic and Slovakia have already delayed the process.
The Associated Press reports Germany's that Justice ministry believes the legislation is unnecessary
in Germany and that the European Parliament should vote on Acta before the country considers it for ratification.
Anti-Acta websites currently list more than 50 protests scheduled to take place across Germany on Saturday.
|10th February |
Some good points made in opposition to the undemocratically authored ACTA anti-piracy international treaty
See article from
The Anti-Counterfeiting Trade Agreement (ACTA) treaty, signed by most European countries last week, has generated considerable protest. This has sparked at least one signatory to have a deeper think about what they actually signed up for.
The Slovenian ambassador to Japan, Helena Drnovsek Zorko, has issued an unprecedented public apology for signing the treaty, saying she was only obeying orders and was now supporting the public protests against the treaty. She sdmitted:
I signed ACTA out of civic carelessness, because I did not pay enough attention, she said, in a most undiplomatic display of honesty. Quite simply, I did not clearly connect the agreement I had been instructed to sign
with the agreement that, according to my own civic conviction, limits and withholds the freedom of engagement on the largest and most significant network in human history, and thus limits particularly the future of our children.
Polish government has announced it is to suspend the ratification of the ACTA treaty, in light of public concern. Polish prime minister Donald Tusk said:.
The issue of signing of the ACTA accord did not involve
sufficient consultation with everyone who is part of the process. The ACTA ratification process will be frozen as long as we haven't overcome all the doubts. This will probably require a review of Polish law. We can't rule out that, at the end of the
day, this accord will not be approved.
French European Parliament member Kader Arif, who resigned in protest the day the treaty was signed, urged his fellow parliamentarians to reject ACTA.
I see a
great risk concerning checks at borders, and the agreement foresees criminal sanctions against people using counterfeited products as a commercial activity, he told The Guardian. This is relevant for the trade of fake shoes or bags, but what about data
downloaded from the internet? If a customs officer considers that you may set up a commercial activity just by having one movie or one song on your computer, which is true in theory, you could face criminal sanctions.
I don't want
people to have their laptops or MP3 players searched at borders, Arif said. There needs to be a clearer distinction between normal citizens and counterfeiters which trade fake products as a commercial activity.
[And if you doubt what Arif is saying you only have to look to Britain for an example of EXACTLY what Arif fears. The British Parliament deliberately targeted its anti porn laws at commercial suppliers rather than customers.
Yet the British authorities corrupted the law and deemed that giving a dodgy video to your mate was in fact commercial supply. They argued that commercial 'gain' could be as minimal as just the satisfaction of doing your mate a good turn].
See article from
The Open Rights Group are supporting a demonstration against ACTA, which will take place in central London on Saturday, on 11th February. It has been planned to coincide with demonstrations across Europe, when a chorus of thousands of discontented
voices will speak as one against over-reaching Internet laws.
The aim will be to tell as many people as possible what's going on by distributing leaflets and asking those who are worried to contact their MEPs.
People will be meeting at UK
Music's offices, 27 Berners St, Paddington, central London at 2pm. The Open Rights Group will help supply what can only be described as brilliant leaflets and fabulous t-shirts. Then the idea is to split up into small teams and head off to spread the
|7th February |
The Pirate Party UK will join an international day of action against controversial copyright agreement
Acta on Saturday with protests planned for London, Glasgow and Nottingham.
See article from guardian.co.uk
|5th February |
EU rapporteur resigns over being railroaded to get restrictive copyright treaty passed before the public realises
what it entails
See article from
The European Parliament rapporteur for ACTA, Kader Arif, resigned just hours after the EU signed the controversial intellectual property treaty.
In a translated statement, Arif denounced the process leading up to the ACTA signings as a
I denounce in the strongest possible manner the entire process which has led to the signature of this agreement: failure to address civil society, lack of transparency since the beginning of the
negotiations, successive reports of the signature of the text without any explanation, sweeping aside of the views of the European Parliament expressed in several different resolutions.
Arif said that he had come under pressure to
rush through the ratification process so as to keep ACTA out of the public eye.
As rapporteur on this matter, I was contronted by unprecedented manoeuvres by the right of the Parliament to impose an accelerated
timetable with a goal of passing the agreement quickly before public opinion could be alerted.
The rapporteur closed his statement by expressing the hope that his resignation would lead to greater public awareness of the treaty.
This agreement could have major consequences on the lives of our citizens, and yet it seems that everything is being done to ensure that the European Parliament will have no voice in this chapter. Thus, today, in handing
back the report that I have been in charge of, I hope to send a strong signal to alert public opinion to this unacceptable situation. I will not participate in this masquerade.
|28th November |
European Parliament accepts ACTA trade agreement
Based on article
The European Parliament has welcomed a controversial international intellectual property treaty as a step in the right direction but has reiterated calls for clarity on the impact of the law on existing EU rights.
The Parliament rejected
the chance to adopt a much more critical stance of the Anti-Counterfeiting Trade Agreement (ACTA), a treaty being negotiated between countries including the US, Mexico, Japan, Korea and others.
It voted against a resolution that said that it deplored
the fact that the treaty was negotiated by just a handful of selected countries and that questioned its very legal basis.
Instead the Parliament voted to adopt a resolution that said that it welcomed changes that were made to satisfy its
previous demands and that it would help EU countries to export with less fear of meeting infringing activity abroad.
|9th October |
Secretive international copyright trade agreement revealed
See article from arstechnica.com
|12th September |
European Parliament declares unease with ACTA secrecy
article from arstechnica.com
377 members of the European Parliament adopted a written declaration on the Anti-Counterfeiting Trade Agreement (ACTA) in which they demand greater transparency, assert that ISPs should not up end being liable for data sent through their networks, and
say that ACTA should not force limitations upon judicial due process or weaken fundamental rights such as freedom of expression and the right to privacy.
The written declaration has no binding force but the declaration does give the
ACTA negotiators a sense of the parliamentary will; in this case, Parliament has many concerns about both substance and process.
Some of these have already been addressed; the most recent leaked ACTA draft shows that ISP liability has been
removed, for instance. Others, like concerns of access to medicines, especially those in transit from countries with looser patent systems, continue to be areas of concern—and have been for some time.
La Quadrature du Net, a French group that
heavily backed the declaration, sees it as a sign that ACTA is doomed. Written Declaration 12 is a strong political signal sent by the EP to the Commission that ACTA is not tolerable as a way of bypassing democratic processes. Legislation related to
Internet, freedom of speech and privacy cannot be negotiated in secrecy under the direct influence of entertainment industry lobbies, said spokesperson Jérémie Zimmermann.
|15th July |
Even elected MEPs are not allowed to share progress information
article from torrentfreak.com
The 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 |
UK opposes ACTA criminalisation of file sharers
Based on article from
Following 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.
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
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.
|23rd April |
Secretive international copyright enforcement treaty finally revealed
article from arstechnica.com
|17th April |
Obama publishes notes on the Anti-Counterfeiting Trade Agreement
Based on article
See also The Anti-Counterfeiting Trade Agreement - Summary of Key Elements Under Discussion
See also More Power to the RIAA from torrentfreak.com
The world's major economic powers are considering whether to involve ISPs in their fight against copyright infringement and how to stop pirated material crossing borders, according to documents released by the US Government.
countries are negotiating a new worldwide trade deal that aims to reduce counterfeiting and copyright infringement, but details have until now been kept secret.
Called the Anti-Counterfeiting Trade Agreement (ACTA), the putative deal has been
kept under wraps, but as part of US President Barack Obama's commitment to transparency in government, details of the negotiations have been published.
ACTA is considering what measures to implement to stop material from crossing borders. Fears
had emerged that the countries involved were considering ordering border searches of computers and MP3 players to identify and possibly take action over pirated material on personal players. The outline of ACTA activity discounts that, making it clear
that it is concerned only with industrial-scale importing and exporting of counterfeit material.
Cross-border trade in counterfeit and pirated goods is a growing global problem that often involves organized criminal networks, said the
note. It said that ACTA might include: a de minimis exception that could permit travellers to bring in goods for personal use.
The document also outlines the debate of what the limits of civil and criminal enforcement would be; and how the
national authorities would co-operate and share information.