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by azer | June 28, 2008 at 06:02 pm
933 views | 26 Recommendations | 11 comments
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Update:
I apologize for this document and withdraw it. The research needed for this post was not done properly and the resulting material should not have been posted.
The media and internet sources that provided the information that this post is based on are themselves based on a document that is no longer available. The document currently available from WikiLeaks.org is 180kb in size but the original document is said to have been 380kb in size.
All the materials on the internet and in the media make claims of impending disaster for individuals as a result of the future ACTA agreement. This agreement is supposedly being discussed in secret. Searching the government web sites, however, reveals that they do contain references to these discussions. They clearly state that the focus of this agreement is not small scale or individual violations of IPR but rather industrial violations on a large scale.
The document currently available through WikiLeaks specifically mentions taking action against counterfeit logos and labels. The focus of this agreement is said to be fakes (ie: fake Rolex watches, fake Nike running shoes, that sort of fake.) The E.U. Fact Sheet (referenced below,) specifically mentions that the agreement is not intended to focus on trade issues with Chinese manufacturers. The implication is that some citizens in member countries are ordering goods from factories and labeling them as name brand without paying royalties to the brand owner.
While it's true that governments around the world are behaving in a careless manner with regards to our hard-won rights and freedoms, the real problem is obviously not governments but rather citizens who are not participating seriously in the democratic process. We are constantly forgetting that power flows up - not down. We are not playing our part in the process of building and maintaining a successful democracy. That's partly why our politicians don't pay attention to us - we often don't know what we are talking about.
It is natural to tend to look at everything from a personal perspective, but the administrative perspective is, obviously, the one that administrators see. We, therefore, as citizens, should try to understand that perspective and allow our civil servants to do their jobs.
From an administrative perspective, you can't have a conversation with a group of people and expect that everything said by everybody will be (whatever you want it to be.) Insane proposals will be floated, irrelevant nonesense will be floated and there will be serious, lengthy discussions that don't go anywhere in the end.
The final agreement that is both signed and ratified by all parties is the agreement that we need to focus on - everything else is just a discussion point; possibly a meaningless and irrelevant discussion point.
If we are to assist our politicians in these discussions we need to give them the benefit of the doubt and offer them our assistance - rather than kicking them because we think they might stumble.
I didn't help with this post and I apologize again for that.
U.S., Canadian and E.U. information on ACTA:
An announcement from the U.S. Trade Representative is here: http://www.ustr.gov/Document_Library/Press_Releases/2007/October/Ambassador_Schwab_Announces_US_Will_Seek_New_Trade_Agreement_to_Fight_Fakes.html
A web page devoted to ACTA by the Government of Canada is here: http://www.international.gc.ca/trade-agreements-accords-commerciaux/fo/intellect_property.aspx
The European Union has a Fact Sheet on ACTA available here: http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm
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Most RecentMost Recommended Comments (11)
at 18:31 on June 28th, 2008
azer, I like this story. It's good stuff.
This is indeed a terrible law.
See some previous NowPublic coverage here.
at 00:12 on June 29th, 2008
azer, I like this story. It's good stuff.
at 00:46 on June 29th, 2008
Thanks for sharing this story. It's quite disturbing to see the burden of proof being shifted but that seems to be the way the world operates nowadays.
at 00:59 on June 29th, 2008
azer, I like this story. It's good stuff.
at 01:56 on June 29th, 2008
azer, I like this story. It's good stuff.
Ah HAH! ....I told y'all so!
This is proof, once again, of the intentions behind the long-term 'marketing strategies' set by the military industrial establishment.
Take, for example, the latest challenge to the EU, brought on by the Irish rejection of the Lisbon Treaty.
Perhaps Irish voters saw through the intense legalese applied to the Lisbon treaty language.
Perhaps the Irish people haven't lost their fighting "Irish spirit" just yet.
And, this quote from a talk by Patricia McKenna is a good indication of the intelligence acquired:
Patricia McKenna advocated a "NO" vote on the Lisbon Treaty, because it calls for Ireland's participation in the development of a EU War Industry. Listen to the Audio report here:
http://www.livevideo.com/media/tag/patricia-mckenna-mep-.aspx
And, here is a brief excerpt from her concluding statements – "...denying people the right to even get information on what this treaty (Lisbon Treaty) is about. The former Italian PM Amato said the EU leaders decided that the document should be unreadable. If it is unreadable, it is not constitutional. ...nothing will be directly produced by the PMs because they feel safer with the unreadable thing.
They can present it better in order to avoid dangerous referendums. If people understood what was going on they would ask for a referendum. (Former French President) Giscard d'Estaing, who was basically the author of the whole thing said, "Public opinion will be led to adopt, without knowing it, proposals that we dare not present to them directly." and he stressed, "All the earlier proposals will be in the new text but will be hidden and disguised in some way." and he also noted, "What was already difficult to understand will become utterly incomprehensible but the substance has been retained." So, that is the contempt that the EU leaders show for the people of Europe, and I think that this is something we have to get across to everybody. It's absolutely unacceptable."
at 01:57 on June 29th, 2008
azer, I like this story. It's good stuff.
at 01:58 on June 29th, 2008
Sorry to say I'm having some regrets about the title and the tone of the article.
On the negative side we have lawyers telling us not to try to cross the border with much of anything on our laptops because, as Amy Judd points out above, the U.S. has already implemented the above policy at border crossings. And, realistically, things are going to get worse due to irrational pressure from the U.S. as in this report:
http://www.nytimes.com/2008/06/28/washington/28privacy.html?_r=2&hp=&adxnnl=1&oref=slogin&pagewanted=print&adxnnlx=1214658570-oWNwegg5f+u68LAXIb6kdQ
In a recent meeting with the Montreal Fair Copyright Canada group, we looked a little at the language of Bill C-61 and concluded that the proposed law is a negative protectionist reaction by some large business interests (we called them Archaic Music Companies.) They are simply fearful of new technology. They have rejected the evidence of great benefits being earned by the majority of Canadians through new technologies (or, to be more precise, they ignore the evidence and claim to be victims of crimes being committed by a rogue population in a country without order.)
The proposed law aims to impose complicated rules on our day-to-day activities that would seek to stifle much of the economically beneficial activity that we engage in today. There are no proposals to legalize and monetize some behavior that Canadians do engage in that can be beneficial to the nation as a whole (ie: using copyrighted newspaper photos in a school newspaper.) Technology would make this possible but few people involved in the debates are thinking seriously about using technology in a positive way.
When I started to read about ACTA it just seemed to fit the current picture. If it is only implemented at border crossings the Supreme Court will not strike it down as they have repeatedly held that we have almost no rights at the border anyway.
The reports that have been published concerning C-61 do also give the impression that the government is ignoring the results of many studies that show we Canadians are not hurting the (Archaic Music Companies,) that our activities are actually creating jobs and new opportunities for Canadian Artists and that many Canadian Artists are not at all happy with the proposed legislation. The current government completely ignored the advice overwhelmingly against Digital Restrictions that Canadians submitted during public consultations in 2001.
On the other hand, in defense of the govt., they have kept the negotiations for ACTA secret - so in complete fairness it would be more accurate to say that they have not commented on their own activities.
These are the thoughts that have been in my mind since waking up so early this morning... So I may revise this article - one more time.
at 02:20 on June 29th, 2008
Thank you for your comments and your flags. Normally I would appreciate them very much but today I appreciate them even more because I'm having some doubts about the title of this article.
Any kind of secrecy is a warning that something bad is happening. It gets out of hand, though, when your own civil servants are warning you that they will need to sneak new laws past you when you're not looking because there's no way you would approve of them.
I think political leaders need to decide who they work for and need to either choose to be open and honest or find another line of work. After all, it's called Civil Service in large part because it's all about offering your service for the betterment of the civilians.
That being said, I voted for the conservatives. I had great faith in Mr. Stephen Harper and that faith has yet to be shaken. I told all my friends that Mr. Harper is the man to vote for and they told me I was crazy. They said that he and his team have no experience in Ottawa - which is actually an important part of why I voted for them. I told all my friends that they would surely make mistakes but that they would recognize and correct those mistakes.
I hope that we are able to reach Mr. Harper - I hope that he makes a clear statement soon concerning ACTA. I hope that he denounces the words and efforts of leaders in other countries who choose to act in secret. They know that their work will result in the end of fundamental rights and freedoms that have allowed nations like Canada to flourish and offer us - the lucky few who are here - so much peace and prosperity. I hope Mr. Harper publicly takes a stand for openness and transparency in government.
Note that public opinion on C-61 was initially divided across Canada. In Quebec there were many people who were in favor of it for a while. As the days go by the tide of public opinion turns more and more against it. One hopes that the conservatives will see this as a good reason to review their activities and, perhaps, make some changes.
So I may revise the text of this article - but thanks very much again for your comments.
Have a great day,
Take Care,
Sam.
at 02:35 on June 29th, 2008
I think both your title and your text were brilliant. Don't be shy about it! You have been eloquent.
Thank you! We have the power to be articulate without fear.
Let's celebrate that, –what ever the degree of freedom we have attained and retained!
at 02:41 on June 29th, 2008
You are totally all-round brilliant!
at 02:42 on June 29th, 2008
Thanks again for your encouragement! So far I've edited the title to be more fair - it's a small edit but I think it makes a difference. Thanks again, --Sam.