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HAR2009 anti counterfeiting agreement Ante Wessels ogg
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har 2009 ogg acta ffii
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Ante Wessels talk at HAR2009
Saturday - 2009-08-15
The Two Envelopes Tent
Start time 	15:00


75MB OGG file format
Video: 360x288  24bpp  25.000 fps Theora
Audio: 48000Hz 2ch s16le Vorbis

From https://har2009.org/program/events/49.en.html:


New legislation for a billion people, made behind closed doors

"Stringent intellectual property rules could hamper the spread of technology needed to fight climate change." Paul David, professor of economics at Stanford University, California

"If Hollywood could order intellectual property laws for Christmas, what would they look like? This is pretty close." David Fewer, staff counsel at the Canadian Internet Policy and Public Interest Clinic, University of Ottawa, after looking at leaked ACTA documents.

Behind closed doors, the U.S., EU, Japan, Canada and some other countries are negotiating ACTA. No drafts are published. ACTA will contain new rules for the enforcement of copyrights, trade mark rights, patents and other exclusive rights. ACTA will also contain a chapter on "Intellectual Property Rights Enforcement in the Digital Environment". Other countries will be forced to join later.

Criminal measures against non commercial infringements are discussed. ACTA may limit access to the Internet, limit access to generic medicine and give patent trolls free reign.

In the U.S., ACTA is to be adopted as an Executive Agreement, it will bypass normal processes of Congressional oversight. Obama declared ACTA a state secret. In the EU, the EU Council (governments of the Member States) will decide. The European Parliament asked for ACTA documents twice, but did not get access. It is unclear whether the final draft will be published prior to adoption.

Lobbyists have access to documents Members of Parliaments do not have access to. The Member States of the EU and the European Parliament have vetoes on aspects of ACTA. The parliaments of the Member States can make parliamentary scrutiny reservations. This way the parliaments can block silent adoption in the Council and enforce transparency.

4 political questions:

    * is it OK to make new legislation for billions of people behind closed doors?
    * do we want to criminalise the young generation?
    * are patents more important than human lives?
    * do we want to give rights holders harsh measures against competitors, beyond cases of counterfeiting?