Anti-Counterfeiting Trade Agreement was signed at 26.01.2012 in Tokyo by most EU countries (Cyprus, Slovakia, Holland, Estonia and Germany did not signed ACTA). To implement ACTA, each country needs to ratify it.
Although USA have signed, ACTA won’t be ratified in USA.
Before, in some countries, people went out on streets to fight for their rights, there was another agreement in USA called SOPA (Stop Online Privacy Act) which failed to be establish. Day after FBI captured Kim Doctom (in New Zealand), creator of MegaUpload (sharing data service) and whole his crew.
Few words about Megaupload:
- 4% of word wide network bandwidth
- 180mln registered users
- 50mln daily visits
Someone will say – yeah but this was done cause of massive piracy download, yes perhaps but there is a 2nd bottom of it. Kim Doctom, over year ago, announced his new project called Mega Box. Mega Box suppose to be something like iTunes and fully legal. Yes no piracy only legal stuff. Kim wanted to establish connections with artists and give them 90% of income from each download. For those artists who decided to give their media for free, Kim prepared special partnership, allowing them to earn too. As you aware, this will kill RIAA (Recording Industry Association of America) and similar copyrights “protectors” very soon. In this year Kim suppose to show contracts with some artists, if this will succeed probably more artists will go in the same way ( RIAA and clones gives them around 10-14%) – that was the biggest threat to Copyrights organizations.
That is why many years ago (2006 – initiated by USA and Japan) those organizations have prepared special agreement ( ACTA, SOPA, PIPA ) as normal fight was ineffective. They come up that governments will help them.
Fist of all ACTA as international agreement, after ratification, will obtain status higher than normal legislation. It means that if in case of legislation conflict, between ACTA and normal national legislation, ACTA procedures will apply as higher than national, statue legislation.
If government officials claim that ACTA will not change much in current law – it is a LIE.
Many of my friends weren’t aware of ACTA. Government didn’t inform citizens about serious agreement. Agreement, which may or will affect their private and business life.
What major concerns are about ACTA?
There is no definition about when copyright violence will be pursuit (as normal, legal violation) from warrant or as private accusation. This gives nonce cases that most of events will occur from privet accusations. Even if your media are 100% legal, you can be still accused and there is no need to inform court to get your privet details. Gards will obtain privet data from ISP, Forum admin or whoever they want. At the moment your ISP or someone who has private details (like a forum) must get Court warrant or permission to pass private details to above.
This is crazy. If you will violate copyright law e.g. in USA, they can establish trial and judge you without your participation in case and your possible way to defense.
ACTA has very wide way of interpretation and that the content of it not clear. This gives a very spread way of approach when conflict arise.
ACTA define that copyright violence should be threat like a criminal act. As ACTA has wide spectrum of interpretation, those of you who’s place a link, to clip on youtube, inside your wall or blog and the content is copyright protected - you are violating the law.
In Article 12 there is something like provisional measures. This means if copyright holder will accuse you, then to protect whole investigation (even if Court case DID NOT started), your whole electronic equipment can be held till case will be solved. Example is very simple. You’re listening music at home and neighbor called Gards or some copyright association, your pc, mp3 or whatever, can be sealed and they can also cut you off from internet. It is very important because at the moment you must be guilt or there should be serious connection with the crime. “Thanks” to ACTA - no need.
Yes You understand this right – there is no need to be guilt, ONLY suspicion / accusation and the whole machine is activated.
Associations like RIAA, MPIA, Irish Copyright Licensing Agency and the Copyright Association of Ireland will have much more power to decide about “your random faith” as these associations are copyrights holders and they will obtain necessary instruments to fight with any copyright violations.
Article 11 of ACTA creates something brand new in criminal law. Court could demand from suspect to disclose all relevant information about committed deed. As you’re aware no one need to accuse yourself (it’s like a life in NK).
As I mentioned before USA didn’t ratify ACTA but signed, so ACTA can’t be put in use in USA territory… very good move. This will protect USA citizens from accusations from other countries and gives them (USA) right to fight for their rights form those countries which ratified ACTA.
In 2008 Wiki Leaks discovered and published materials which were showing that in 1st stage of ACTA, USA insists to implement agreement between countries WITHOUT any international bodies. If this would succeed, EU Parliament will be able to do as much as nothing today. After that, big fear spread across internet, that copyright associations like RIAA or even national Copyright Association of Ireland could block single internet website based only on accusation.
In 2008 Wiki Leaks discovered and published materials which were showing that in 1st stage of ACTA, USA insists to implement agreement between countries WITHOUT any international bodies. If this would succeed, EU Parliament will be able to do as much as nothing today. After that, big fear spread across internet, that copyright associations like RIAA or even national Copyright Association of Ireland could block single internet website based only on accusation.
EU deputy Kader Arif in protest to ACTA signed resignation. Kader Arif was the EUs “reporter” to ACTA progress. In his resignation he named the whole process as farce and masquerade.
Everyone is connect ACTA with internet, but ACTA is about every copyright form, from clothes, graphic to motor parts and food industry.
Art 16 hits Motor industry. As we know motor parts gives us wide field of making decisions of what parts are going to our vehicles. If ACTA will come to life. Although parts are made by different manufacturer than genuine, in copyright way, they might be understand as copyright violation, because parts were duplicated from genuine design. Customs can held each parts transport from their own initiative or from private allegation or simple delation. This can cause huge losses to spare parts manufacturers and importers. Going deeper, at NCT, if technician will find that your shocks absorbers aren’t genuine (e.g. from Volkswagen in Passat) he could inform proper "authorities" and your vehicle could be sealed. All this in the name of copyrights. As you see ACTA is a one hell of devils agreement.
This is just a small article like a drop in ocean about ACTA but I hope it will allow you to understand how ACTA may limit or control your life.
I don’t know what public opinion and media are doing but if they won’t react fast….. hmm then take a red pill and relax.
That is why it is very important to inform people about what ACTA is. To mobilize them by showing dissatisfaction to this agreement and giving EU Parliament signal to block ACTA...... and not let the year 1984 to be reinstate in 2012.
PS. Sorry for english and bugs but I wrote this at midnight, after working on my new website.
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