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TPP final negotiated text – IP chapter

265 点作者 playhard超过 9 年前

9 条评论

shmerl超过 9 年前
The whole TPP should be dumped for good. Make sure to put pressure on your representatives. Copyright term increase is enough of a reason. And of course the usual anti-circumvention garbage, which forbids breaking DRM even for non infringing purposes.<p><i>&gt; Each Party shall provide that a violation of a measure implementing this paragraph is independent of any infringement that might occur under the Party’s law on copyright and related rights.</i><p>(See Article QQ.G.10: {Technological Protection Measures}). Same usual nasty stuff which mirrors DMCA-1201.<p>The worst part is, that this stuff in TPP will make it much harder to repeal DMCA-1201 or to decrease copyright term in US, since DRM lobby will scream <i>&quot;We can&#x27;t violate our international obligations!&quot;</i> (of course omitting the fact that they imposed those obligations on everyone without any democratic process). It&#x27;s really sick that there exists this alternative legislative power which has no oversight and therefore is simply prone to corruption.
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acqq超过 9 年前
&quot;Article QQ.H.7: {Criminal Procedures and Penalties}&quot;<p>&quot;Each Party shall provide for <i>criminal procedures</i> and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale. In respect of willful copyright or related rights piracy, “on a commercial scale” includes at least:&quot;<p>&quot;(b) significant acts, <i>not carried out for commercial advantage or financial gain,</i> that have a substantial prejudicial impact on the interests of the copyright or related rights owner in relation to the marketplace 135,136.&quot;<p>&quot;135 It is understood that a Party may comply with subparagraph (b) by addressing such significant acts under its <i>criminal procedures and penalties for non-authorized uses of protected works, performances and phonograms</i>&quot; (All emphasis Ed.) &quot;in its domestic law.&quot;<p>Does it mean the law is going to be:<p>Sing a song on the birthday party, don&#x27;t pay the copyright =&gt; you are a <i>criminal</i>?<p>What are actually the &quot;significant acts, not carried out for commercial advantage or financial gain, that have a substantial prejudicial impact on the interests of the copyright or related rights owner in relation to the marketplace&quot;?
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ColinDabritz超过 9 年前
This definitely feels like a political end run, going back on humanitarian progress we&#x27;ve recently made such as on generic drugs. Treaties as a way around that pesky will-of-the-people thing. &quot;Oh we can&#x27;t go back on that, we signed a treaty. Sorry about your justified outrage.&quot;
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clarkmoody超过 9 年前
Criminal penalties agreed upon at the international level basically cede national sovereignty to the &quot;collective&quot; of nations. The individual has nearly no recourse against such crimes, since an appeal would need to go to <i>Congress</i> to change the terms of the treaty.
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guelo超过 9 年前
It doesn&#x27;t make sense for Americans to oppose this treaty. We already live under most of these IP rules with no hope of relaxing them. Extending these profit protections to other countries will mainly benefit American companies and improve our economy.
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Animats超过 9 年前
Business method patents are back. Software is clearly patentable.<p><i>Article QQ.E.1: {Patentable Subject matter}</i><p><i>1. Subject to paragraphs 3 and 4, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application.</i>
sp332超过 9 年前
Oh, I didn&#x27;t realize the significance of the waiting period in Canada! Although from what I&#x27;ve heard, this won&#x27;t change anyone&#x27;s mind about Harper.
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teddyh超过 9 年前
№ 6: The whole Earth, as The Village?<p>№ 2: That is my hope. What’s yours?<p>№ 6: I’d like to be the first man on the moon.<p>— № 2 &amp; № 6, <i>The Prisoner</i>, <i>The Chimes of Big Ben</i>, 1967
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walterbell超过 9 年前
The final TPP text includes similar <i>ex-officio</i> language to a TPP draft reviewed in a 2013 analysis of fanzine impact, by a Japanese lawyer, <a href="http:&#x2F;&#x2F;japanitlaw.blogspot.com&#x2F;2013&#x2F;01&#x2F;tpps-effect-on-fanzine-environment.html" rel="nofollow">http:&#x2F;&#x2F;japanitlaw.blogspot.com&#x2F;2013&#x2F;01&#x2F;tpps-effect-on-fanzin...</a>, <i>&quot;in practice, it is rare for the police to commence an investigation without a complaint by the rights holder. However, this situation may change. The draft of the request of the US on Trans Pacific Partnership (TPP) 15.5(g) stipulates, &quot;its authorities may initiate legal action ex officio with respect to the offenses described in this Chapter, without the need for a formal complaint by a private party or rights holder.&quot;</i><p>We need these texts in a git repo with diffs. In QQ.H.7 below, the text is modified:<p><pre><code> 2011: its authorities may initiate legal action ex-officio with respect to the offenses described in this Chapter 2015: its competent authorities may act upon their own initiative to initiate a legal action </code></pre> The final text:<p><pre><code> QQ.H.6 Special Requirements related to Border Measures 6. Each Party shall provide that its competent authorities may initiate border measures ex officio with respect to goods under customs control that are: (a) imported; (b) destined for export; or (c) in-transit and that are suspected of being counterfeit trademark goods, or pirated copyright goods. ... A Party may exclude from the application of this Article small quantities of goods of a non-commercial nature contained in travelers&#x27; personal luggage. QQ.H.7 Criminal Procedures and Penalties 6. (g) that its competent authorities may act upon their own initiative to initiate a legal action without the need for a formal complaint by a private party or right holder </code></pre> From <a href="http:&#x2F;&#x2F;www.freezenet.ca&#x2F;an-analysis-of-the-latest-tpp-leak&#x2F;" rel="nofollow">http:&#x2F;&#x2F;www.freezenet.ca&#x2F;an-analysis-of-the-latest-tpp-leak&#x2F;</a><p><i>&quot;Parsing through the language here, it sounds like if the government chooses to, they may elect to make an exception for your cell phone, but the agreement does not prohibit this kind of activity. Even then, even if the government thinks that seizing and destroying your cell phone on the basis of copyright infringement is absurd, they can only say that your cell phone has to be in your luggage. For many travelers, they would prefer to have their cell phone on their person as opposed to buried in their luggage in, say, the undercarriage of a plane. When they land on the other side, it’s not unreasonable for them to want to call someone to let them know that they have arrived. If a traveler is driving across a border, it is definitely a common thing for passengers to be carrying a cell phone on their person as well. So, the risk of authorities seizing and destroying your cellphone on the basis of copyright infringement still stands here.&quot;</i>