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Thread: ACTA signed

  1. #1
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    ACTA signed

    http://www.theinquirer.net/inquirer/...ta-rest-europe

    I'm gonna leave this here and grab a coffee...

  2. #2
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    O... just wonderful.

  3. #3
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    Mars is looking lovely this time of year, perhaps a trip...

  4. #4
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    This is fucking ridiculous.

  5. #5
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    I think the fact that this was basically a cloak-and-dagger-operation that was signed behind closed doors should bother us all a lot more than the fact that we now have to pay a few bucks for our albums..

  6. #6
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    Fucking hell! Is this as bad as the Anonymous video claims?


  7. #7
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    There really is no substitute to reading what it actually says, which needless to say, is all encompassing. I pulled out some relevant parts. Article 27 is actually pretty scary when read with the Criminal powers this wants signatories to provide for.

    ARTICLE 2: NATURE AND SCOPE OF OBLIGATIONS
    1. Each Party shall give effect to the provisions of this Agreement. A Party may
    implement in its law more extensive enforcement of intellectual property rights than is
    required by this Agreement, provided that such enforcement does not contravene the
    provisions of this Agreement. Each Party shall be free to determine the appropriate
    method of implementing the provisions of this Agreement within its own legal system
    and practice.
    5(k) pirated copyright goods means any goods which are copies made
    without the consent of the right holder or person duly authorized by the
    right holder in the country of production and which are made directly or
    indirectly from an article where the making of that copy would have
    constituted an infringement of a copyright or a related right under the law
    of the country in which the procedures set forth in Chapter II (Legal
    Framework for Enforcement of Intellectual Property Rights) are invoked;
    ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT
    Without prejudice to its law governing privilege, the protection of
    confidentiality of information sources, or the processing of personal data, each Party
    shall provide that, in civil judicial proceedings concerning the enforcement of
    intellectual property rights, its judicial authorities have the authority, upon a justified
    request of the right holder, to order the infringer or, in the alternative, the alleged
    infringer, to provide to the right holder or to the judicial authorities, at least for the
    purpose of collecting evidence, relevant information as provided for in its applicable
    laws and regulations that the infringer or alleged infringer possesses or controls. Such
    information may include information regarding any person involved in any aspect of the
    infringement or alleged infringement and regarding the means of production or the
    channels of distribution of the infringing or allegedly infringing goods or services,
    including the identification of third persons alleged to be involved in the production and
    distribution of such goods or services and of their channels of distribution.

    ARTICLE 12: PROVISIONAL MEASURES

    1. Each Party shall provide that its judicial authorities have the authority to order E-8
    prompt and effective provisional measures:

    (a) against a party or, where appropriate, a third party over whom the
    relevant judicial authority exercises jurisdiction, to prevent an
    infringement of any intellectual property right from occurring, and in
    particular, to prevent goods that involve the infringement of an
    intellectual property right from entering into the channels of commerce;

    (b) to preserve relevant evidence in regard to the alleged infringement


    ARTICLE 23: CRIMINAL OFFENCES

    1. Each Party shall provide for criminal procedures and penalties to be applied at
    least in cases of wilful trademark counterfeiting or copyright or related rights piracy on
    a commercial scale.

    9 Each Party shall treat wilful importation or exportation of counterfeit trademark goods or pirated
    copyright goods on a commercial scale as unlawful activities subject to criminal penalties under this
    Article. A Party may comply with its obligation relating to importation and exportation of counterfeit
    trademark goods or pirated copyright goods by providing for distribution, sale or offer for sale of such
    goods on a commercial scale as unlawful activities subject to criminal penalties.

    10 A Party may comply with its obligation relating to importation of labels or packaging through its
    measures concerning distribution.

    11 A Party may comply with its obligations under this paragraph by providing for criminal procedures
    and penalties to be applied to attempts to commit a trademark offence. E-13

    (a) to which a mark has been applied without authorization which is identical
    to, or cannot be distinguished from, a trademark registered in its territory;
    and

    (b) which are intended to be used in the course of trade on goods or in
    relation to services which are identical to goods or services for which
    such trademark is registered.

    3. A Party may provide criminal procedures and penalties in appropriate cases for
    the unauthorized copying of cinematographic works from a performance in a motion
    picture exhibition facility generally open to the public.



    4. With respect to the offences specified in this Article for which a Party provides
    criminal procedures and penalties, that Party shall ensure that criminal liability for
    aiding and abetting is available under its law.
    This Article is quite scary if you think of how you use the internet now, and how many of your music/video files you download or swap between devices or share with friends.

    ARTICLE 27: ENFORCEMENT IN THE DIGITAL ENVIRONMENT

    4. A Party may provide, in accordance with its laws and regulations, its competent
    authorities with the authority to order an online service provider to disclose
    expeditiously to a right holder information sufficient to identify a subscriber whose
    account was allegedly used for infringement, where that right holder has filed a legally
    sufficient claim of trademark or copyright or related rights infringement, and where
    such information is being sought for the purpose of protecting or enforcing those rights.
    These procedures shall be implemented in a manner that avoids the creation of barriers
    to legitimate activity, including electronic commerce, and, consistent with that Party’s
    law, preserves fundamental principles such as freedom of expression, fair process, and
    privacy.

    5. Each Party shall provide adequate legal protection and effective legal remedies
    against the circumvention of effective technological measures that are used by authors,
    performers or producers of phonograms in connection with the exercise of their rights in
    and that restrict acts in respect of, their works, performances, and phonograms, which
    are not authorized by the authors, the performers or the producers of phonograms
    concerned or permitted by law.

    6. In order to provide the adequate legal protection and effective legal remedies
    referred to in paragraph 5, each Party shall provide protection at least against:

    (a) to the extent provided by its law:

    (i) the unauthorized circumvention of an effective technological
    measure carried out knowingly or with reasonable grounds to
    know; and

    (ii) the offering to the public by marketing of a device or product,
    including computer programs, or a service, as a means of
    circumventing an effective technological measure; and

    (b) the manufacture, importation, or distribution of a device or product,
    including computer programs, or provision of a service that:

    (i) is primarily designed or produced for the purpose of
    circumventing an effective technological measure; or

    (ii) has only a limited commercially significant purpose other than
    circumventing an effective technological measure.

    7. To protect electronic rights management information,

    16 each Party shall provide
    adequate legal protection and effective legal remedies against any person knowingly
    performing without authority any of the following acts knowing, or with respect to civil
    remedies, having reasonable grounds to know, that it will induce, enable, facilitate, or
    conceal an infringement of any copyright or related rights:

    (a) to remove or alter any electronic rights management information;

    (b) to distribute, import for distribution, broadcast, communicate, or make
    available to the public copies of works, performances, or phonograms,
    knowing that electronic rights management information has been
    removed or altered without authority
    ARTICLE 31: PUBLIC AWARENESS
    Each Party shall, as appropriate, promote the adoption of measures to enhance
    public awareness of the importance of respecting intellectual property rights and the
    detrimental effects of intellectual property rights infringement
    Although:


    ARTICLE 41: WITHDRAWAL
    A Party may withdraw from this Agreement by means of a written notification
    to the Depositary. The withdrawal shall take effect 180 days after the Depositary
    receives the notification.
    A lot of the other stuff is in regards to physical counterfeiting, but you can read it here http://www.mofa.go.jp/policy/economy...cta1105_en.pdf
    Last edited by YKWYA; 01-27-2012 at 09:44 AM.

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