[A2k] The fight against ACTA
A.C.Story
A.C.Story
Sun Apr 19 17:25:16 2009
I think this ACTA issue is far too important to engage in sending personal =
barbs and pickled red herrings....
The main point of what we have learned so far about ACTA is that it is the =
latest attempt by certain goverments and major media companies to get as ma=
ny countries as possible to do one thing above all else:
Get various organs and institutions of state power (ranging from border gua=
rds and police to courts to prisons) to take a range of actions (ranging fr=
om surveillance and illegal searches and wiretaps to arrests to trials to j=
ail sentences and stiff fines) against people across the globe they label "=
pirates" and "counterfeiters" and file sharers and those using pirated goo=
ds ...and get them out of the way so that global content owners, based prim=
arily in the US and Europe, can get back to "business as usual"....and a hi=
ghly profitable business at that.
What I am suggesting is that those who reject both the repressive particula=
rs and ideology of ACTA reply: WE OPPOSE THIS.
Anything less by ACTA opponents --- for example, to argue ONLY that the ACT=
A implimentation process is flawed, to think that locking up some "pirates"=
or file sharers is okay, to say 'let's not antagonise WIPO' or whatever --=
- simply diverts us from what should be the main focus.
Appreciating this is what links the issues about Professor Potel, the Swedi=
sh Pirate Bay case, and the ACTA issue.
Thus, I really cannot agree with Jamie's conclusion that " I don't think th=
e sentence in Sweden has anything to do with ACTA." Do we really need to ad=
d a new line to the " first they came for... " poem ---- that is, " first t=
hey came for the copyright infringers. And I didn=92t speak up because I wa=
sn=92t an infringer"? Or say again, "an injury to one is an injury to all."=
? Perhaps we do.
Meanwhile, I sometimes wonder whether a lot of people on this list ---- and=
no names implied --- are actually in touch with what people are talking ab=
out in the wider world. The Pirate Bay case, which is all about copyright l=
aw, the role of global media corporations, etc., has been a major issue on =
the Internet in the last 72 hours. That this case and its many implications=
have not actually been discussed on this list is quite astounding to me.
For example, people might want to click on the link below to a BBC "Have Yo=
ur Say" response to the Pirate Bay case. There are more than 2000 comments =
published ...and they make fascinating reading.
http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=3D6351&edition=3D1&ttl=
=3D20090419175823
Indeed, many of the comments are quite heartening for those of us who are d=
eeply opposed to the global information disorder. Quite properly in my vie=
w, some of these comments from "average folks" draw the link between Pirate=
Bay and ACTA.
And I pass on this statement of 20 April from The Internet Society Philippi=
nes (ISOC-PH)
http://isoc.ph/portal/2009/04/isoc-philippines-statement-on-pirate-bay-and-=
potel/
Best
Alan
Alan Story
Senior Lecturer, Intellectual Property Law
Kent Law School
University of Kent
Canterbury Kent
United Kingdom CT2 7NS
acs3@kent.ac.uk
Phone: +44 (0)1227 823316
________________________________________
From: James Love [james.love@keionline.org]
Sent: 17 April 2009 23:32
To: A.C.Story
Cc: a2k@lists.essential.org
Subject: RE: [A2k] The fight against ACTA
On Fri, 2009-04-17 at 22:35 +0100, A.C.Story wrote:
> Jamie and A2Kers:
>
> Two of the main questions that I think need to be addressed by those oppo=
sed to ACTA are:
You are addressing "those "opposed to ACTA." You mention the opponents
of ACTA with such contempt. Do you support ACTA?
> 1) Should violating copyright laws/copyright infringement/piracy be crimi=
nal offenses and should the penalty, upon conviction, be a prison sentence?
That is the case right now, without ACTA. I don't see how ACTA
improves things for anyone. Which is why, Professor Story, there are
people who are actually spending time trying to do something about ACTA.
>
> 2) And, to take take two current examples, should Professor Potel of Arge=
ntina, if convicted, and should the Pirate Bay four of Sweden, now that the=
y have been convicted today, be sent to prison?
I don't think the sentence in Sweden has anything to do with ACTA.
How did these cases become an attack on ACTA opponents, in the mind of
Professor Story?
Judging from what I have read on a few web pages, I personally don't
think Professor Potel should be in jail for offering translations of
works. I also don't think linking to files should result in prison
sentences. I also don't think Alan Story should be flaming people who
are not focusing on the few cases he finds interesting, as Professor
Story finds lots of reasons to ignore in his own time countless cases
that are equally important and harmful, and which Professor story spends
exactly zero time working on.
>
> We already know the answers of those supporting ACTA.
Are you an opponent or supporter of ACTA? I don't think you
mentioned that.
>
> In fact, they want more prison sentences...and stiffer ones at that if to=
day's sentences of one year in prison and a fine of 30m Swedish kronor (Bri=
tish =A32.4m) in damages do not send out "the message" intended, to use the=
words of John Kennedy, chairman of the International Federation of the Pho=
nographic Industry (IFPI), the global music industry body.
I'm sure that the people pushing for ACTA have all sorts of bad
ideas.
> My question: What are the answers from those who say they are opposed to =
BOTH the surreptitious process being used to bring in the new ACTA treaty A=
ND the content of ACTA we have heard about so far?
To the extend that people know the content of ACTA (there is no text
for the Internet provisions yet, by the way), I think it is quite
obvious that the opposition to ACTA is based upon fairly reasonable
predictions about what the content is likely to be. Is this something
anyone has to explain to a college professor?
>
> Best
> Alan (sitting, in fact, on a wooden chair if it really is of any interest=
)
Alan Story is the one who seems focused on plush chairs at WIPO. And
he should at least own up to that. If fact Alan, why don't you tell us
what you are really upset about.
> Or will we cower and refuse to be counted...and instead try to figure out=
how to get more plush chairs for 'activists' at WIPO meetings in Geneva.
>
> Alan Story
>
>
>
> Alan Story
> Senior Lecturer, Intellectual Property Law
> Kent Law School
> University of Kent
> Canterbury Kent
> United Kingdom CT2 7NS
> acs3@kent.ac.uk
> Phone: +44 (0)1227 823316
> ________________________________________
> From: Jamie Love [jamespackardlove@gmail.com] On Behalf Of James Love [ja=
mes.love@keionline.org]
> Sent: 17 April 2009 20:58
> To: A.C.Story; a2k-admin@lists.essential.org; a2k@lists.essential.org
> Subject: Re: [A2k] The fight against ACTA
>
> What are these plush chairs Professor Story is speaking about? Jamie
> --------------
> James.Love@KEIonline.org, http://www.keionline.org
> Work +1.202.332.2670, US Mobile +1.202.361.3040
> Geneva Mobile +44.76.413.6584
>
> -----Original Message-----
> From: A.C.Story <A.C.Story@kent.ac.uk>
>
> Date: Fri, 17 Apr 2009 18:28:08
> To: a2k@lists.essential.org<a2k@lists.essential.org>
> Cc: acs3@kent.ac.uk<A.C.Story@kent.ac.uk>
> Subject: [A2k] The fight against ACTA
>
>
> --
> [ Picked text/plain from multipart/alternative ]
>
> For some months, members of this list have been making proposals about wh=
at is the best way to campaign against the Anti-Counterfeiting Trade Agreem=
ent (ACTA). Almost universally, these comments have focused on THE PROCESS =
used to negotiate this treaty and how it lacks transparency.
>
> All very fine, but this avoids a challenge to the main issue that needs t=
o be confronted: THE CONTENT of agreements such as ACTA and the wider glob=
al offensive being led by content owners against copyright 'piracy' --- or =
copying they don't like.
>
> Two weeks ago, Copy South put out the message about Professor Potel in Ar=
gentina
> https://www.kent.ac.uk/law/copysouth/en/horacio_potel_en.htm
>
> Today, we have learned of a court decision in Sweden to send four members=
of Pirate Bay to prison for a year for copyright infringement.
>
> Details are at:
> http://news.bbc.co.uk/1/hi/technology/8003799.stm
> http://www.theregister.co.uk/2009/04/17/pirate_bay_loses_trial/
>
> I hope the denunciations of today's decision ring in from across the glob=
e, including on this list.
>
> Or will we cower and refuse to be counted...and instead try to figure out=
how to get more plush chairs for 'activists' at WIPO meetings in Geneva.
>
> Alan Story
>
>
> Alan Story
> Senior Lecturer, Intellectual Property Law
> Kent Law School
> University of Kent
> Canterbury Kent
> United Kingdom
> _______________________________________________
> A2k mailing list
> A2k@lists.essential.org
> http://lists.essential.org/mailman/listinfo/a2k
--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.=
6584