Secretive TPP talks (international control of internet) re-commence in Lima, Peru. [Archive]

HOLLYWOOD

05-16-2013, 11:10 PM

If you watch foreign news, e.g.: HNK (Japan) or any of the Pacific rim television you can pickup quite a bit of coverage on TPP. US is basically pushing this hard on smaller countries/island nations. Japan and the tinies has no choice to go along...

https://www.eff.org/issues/tpp
https://www.eff.org/sites/default/files/TPP-banner.png (https://www.eff.org/deeplinks/2012/08/whats-wrong-tpp) What is the Trans-Pacific Partnership Agreement (TPP)?

The TPP Will Rewrite Global Rules on Intellectual Property Enforcement
All signatory countries will be required to conform their domestic laws and policies to the provisions of the Agreement. In the US, this is likely to further entrench controversial aspects of US copyright law (such as the Digital Millennium Copyright Act (http://www.eff.org/issues/dmca) [DMCA]) and restrict the ability of Congress to engage in domestic law reform to meet the evolving IP needs of American citizens and the innovative technology sector. The recently leaked US-proposed IP chapter also includes provisions that appear to go beyond current US law.
The leaked US IP chapter includes many detailed requirements that are more restrictive than current international standards, and would require significant changes to other countries’ copyright laws. These include obligations for countries to:

Place Greater Liability on Internet Intermediaries (https://www.eff.org/deeplinks/2012/08/tpp-creates-liabilities-isps-and-put-your-rights-risk):
The TPP would force the adoption of the US DMCA Internet intermediaries copyright safe harbor regime in its entirety. For example, this would require Chile to rewrite its forward-looking 2010 copyright law (http://www.leychile.cl/Navegar?idNorma=1012827&idParte=&idVersion=2010-05-04) that currently establishes a judicial notice-and-takedown regime, which
provides greater protection to Internet users’ expression and privacy than the DMCA.

Regulate Temporary Copies (https://www.eff.org/deeplinks/2012/07/temporary-copies-another-way-tpp-profoundly-disconnected): Treat temporary reproductions of copyrighted works without copyright holders' authorization as copyright infringement. This was discussed but rejected at the intergovernmental diplomatic conference that created two key 1996 international copyright treaties, the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.

Expand Copyright Terms (https://www.eff.org/deeplinks/2012/08/all-nations-lose-tpps-expansion-copyright-terms): Create copyright terms well beyond the internationally agreed period in the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Life + 70 years for works created by individuals, and following the US-Oman Free Trade Agreement, either 95 years after publication or 120 years after creation for corporate owned works (such as Mickey Mouse).

Enact a "Three-Step Test" Language That Puts Restrictions on Fair Use (https://www.eff.org/deeplinks/2012/08/new-leaked-tpp-puts-fair-use-risk): The United States Trade Representative (USTR) (http://www.ustr.gov/tpp/) is putting fair use at risk with restrictive language in the TPP's IP chapter. The US and Australia are both proposing very restrictive text, and Peru is willing to accommodate the bad language.

Escalate Protections for Digital Locks (https://www.eff.org/document/tpp-tpms-and-civil-rights-presentation): It will also compel signatory nations to enact laws banning circumvention of digital locks (technological protection measures or TPMs) (https://www.eff.org/files/filenode//EFF%20TPP%20TPM%20Analysis_0.pdf) [PDF] that mirror the DMCA and treat violation of the TPM provisions as a separate offense, even when no copyright infringement is involved. This would require countries like New Zealand to completely rewrite its innovative 2008 copyright law, as well as override Australia’s carefully-crafted 2007 TPM regime exclusions for region-coding on movies on DVDs, videogames, and players, and for embedded software in devices that restrict access to goods and services for the device—a thoughtful effort by Australian policy makers to avoid the pitfalls experienced with the US digital locks provisions. In the US, business competitors have used the DMCA to try to block printer cartridge refill services, competing garage door openers, and to lock mobile phones to particular network providers.

Ban Parallel Importation: Ban parallel importation of genuine goods acquired from other countries without the authorization of copyright owners.

Adopt Criminal Sanctions: Adopt criminal sanctions for copyright infringement that is done without a commercial motivation, based on the provisions of the 1997 US No Electronic Theft Act.