[P2P-F] Fwd: [opennetcoalition] EU Commission Kicks Off Campaign to Defeat ACTA

Fri Jul 1 00:52:45 CEST 2011

Thanks for the links to the source documents in this article, I read through the ACTA agreement.  Although in some respects, Articles 3 and 4 of Chapter I Section 1 seem sufficient to prevent use of this agreement to subject any party to some extra-territorial law, I scanned through the rest and found nothing contrary to that.

Exactly what specific text has provisions that are considered so onerous?

 - Dennis

-----Original Message-----
From: p2p-foundation-bounces at lists.ourproject.org [mailto:p2p-foundation-bounces at lists.ourproject.org] On Behalf Of Michel Bauwens
Sent: Thursday, June 30, 2011 13:41
To: p2p-foundation
Subject: [P2P-F] Fwd: [opennetcoalition] EU Commission Kicks Off Campaign to Defeat ACTA

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Thu, Jun 30, 2011 at 9:38 PM
Subject: [opennetcoalition] EU Commission Kicks Off Campaign to Defeat ACTA
To: opennetcoalition at laquadrature.net

La Quadrature du Net - For immediate release

Permanent link: http://www.laquadrature.net/en/eu-commission-kicks-off-campaign-to-defeat-acta

EU Commission Kicks Off Campaign to Defeat ACTA

*** Paris, June 30th, 2011 – The European Commission adopted proposals for the ratification of ACTA, the anti-counterfeiting agreement. This opens the door to concerted citizen action in defeating ACTA, as it will be voted upon by both the European Parliament and national Parliaments. Among the many texts and policies that try to pave the way for the private censorship of the Internet, ACTA symbolizes the worse circumvention of democracy by a few narrow interests. Democracy must fight back. ***

After having adopted the two proposals for the signing [1] and adoption [2] of ACTA, the Commission transmitted both proposals to the EU Council of Ministers, who will soon adopt them as well. Member States will ask their national Parliaments across the 27 Member States to vote on the text, which will then be put to the vote before the EU Parliament [3].

This secretly-negotiated agreement – far from being limited to trade policy – would impose new criminal sanctions to signatories that are both ill-defined and extremely large in scope. These sanctions would apply even to not-for-profit infringements of copyright, patents or trademarks [4].

In the digital environment, its entry into force could result in the development of extra-judicial modes of copyright enforcement. Under the guise of “cooperation”, ACTA would actually violate the right to a fair trial and harm Net neutrality and freedom of expression [5]. This strategy was once again reaffirmed by the European Commission copyright strategy [6] and the G8 summit [7] last month, and just yesterday by the OECD principles on Internet policy-making [8].

The ratification process opens the door to the mobilisation of EU citizens, corporations and NGOs, to work together in defeating this totally undemocratic agreement, bound to harm freedoms and innovation across the world.

“The time is now! This is a historic battle in the "war on sharing" that we cannot afford to lose. Every citizen who cares for a free Internet, the protection of fundamental freedoms and democracy must participate in defeating ACTA. European and national members of Parliament must follow the example of their Mexican counterparts, and reject ACTA. All democratic means should be used to defeat this massive circumvention of democracy attacking our freedoms to protect a few obsolete industries.”, says Jérémie Zimmermann, spokesperson for La Quadrature du Net.

* Références *

1. http://register.consilium.europa.eu/servlet/driver?typ=Advanced&cmsid=639&fc=REGAISEN&srm=25&md=100&lang=EN&ff_DOCKEY=ST12190/11ORI&rc=1&nr=1&page=Detail

2. http://register.consilium.europa.eu/servlet/driver?lang=EN&ssf=DATE_DOCUMENT+DESC&fc=REGAISEN&srm=25&md=400&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=conclusion+agreement+korea&ff_FT_TEXT=&ff_SOUS_COTE_MATIERE=&dd_DATE_REUNION=&rc=1&nr=25&page=Detail

3. Further analysis of the two proposals of the ratification of ACTA will follow.

4. See our analysis of ACTA, and in particular of the abusive definition of “commercial scale”: http://www.laquadrature.net/en/acta-updated-analysis-of-the-final-version

5. See our analysis of ACTA's worst provisions: http://www.laquadrature.net/en/acta-updated-analysis-of-the-final-version See in particular article 27.3: Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party’s law, preserving fundamental principles such as freedom of expression, fair process, and privacy.

6. http://www.laquadrature.net/en/eu-commission-sticks-to-flawed-copyright-repression

7. G8 Declaration – Renewed Commitment to Freedom and Democracy, of May 30th, 2011:
“With regard to the protection of intellectual property, in particular copyright, trademarks, trade secrets and patents, we recognize the need to have national laws and frameworks for improved enforcement. We are thus renewing our commitment to ensuring effective action against violations of intellectual property rights in the digital arena, including action that addresses present and future infringements. We recognize that the effective implementation of intellectual property rules requires suitable international cooperation of relevant stakeholders, including with the private sector.” Address: http://www.g20-g8.com/g8-g20/g8/english/live/news/renewed-commitment-for-freedom-and-democracy.1314.html

8. http://www.laquadrature.net/en/copyright-interests-force-private-censorship-into-oecd-communique

** About la Quadrature du Net **

La Quadrature du Net is an advocacy group that promotes the rights and freedoms of citizens on the Internet. More specifically, it advocates for the adaptation of French and European legislations to respect the founding principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better understanding of legislative processes among citizens. Through specific and pertinent information and tools, La Quadrature du Net hopes to encourage citizens' participation in the public debate on rights and freedoms in the digital age.

La Quadrature du Net is supported by French, European and international NGOs including the Electronic Frontier Foundation, the Open Society Institute and Privacy International.

List of supporting organisations : http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net

** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675 <tel:%2B33%20%280%29615%20940%20675> 

http://www.laquadrature.net/en/press-room

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