TPP Treaty: Jailbreaking and unlocking might be restricted in treaty pushed by Obama

[tangent4ronpaul]

http://arstechnica.com/tech-policy/2013/11/jailbreaking-and-unlocking-might-be-restricted-in-treaty-pushed-by-obama/

The Trans-Pacific Partnership (TPP) treaty pushed by the Obama administration could complicate efforts to loosen restrictions on jailbreaking and unlocking smartphones, tablets, or other consumer electronics.

A working draft of the treaty published by WikiLeaks prohibits the manufacturing or distribution of devices or services "for the purpose of circumvention of any effective technological measure." It goes on to prohibit devices and services that "have only a limited commercially significant purpose or use other than to circumvent any effective technological measure, or are primarily designed, produced, or performed for the purpose of the circumvention of any effective technological measure."

Derek Khanna, a Yale Law Fellow who submitted a White House petition that led to the Obama administration publicly supporting the end of a ban on unlocking, wrote in Slate that "while the White House was publicly proclaiming its support of cellphone unlocking, it was secretly negotiating a treaty that would ban it."
(cont)

-t

[ClydeCoulter]

You shall not remove your chains. (11th commandment?)

[aGameOfThrones]

http://beforeitsnews.com/contributor/upload/5385/images/obamalied.jpg

[presence]

http://www.publicknowledge.org/blog/whats-actually-tpp


Let’s focus on the IP chapter. Here is an educated guess about what may be in it and how these provisions might affect you and people living in other TPP countries.



Protecting incidental copies. The TPP would provide copyright owners power over “buffer copies.” These are the small copies that computers need to make in the process moving data around. With buffer copy protection the number of transactions for which you would need a license from the copyright owner would increase a great deal. One impact of this could be that the music you stream from services such as Pandora could get much more expensive when rights holders demand higher license fees to compensate them for the “additional” copies.
Locking out the Deaf and Blind. The TPP would prevent the blind from reading DRM protected ebooks and the deaf from inserting closed captioning onto DRM protected DVDs. In the US, the Copyright Office has made rules in the past that allows the blind to break this DRM. But the continuation of these rules is not a guarantee. And the other TPP countries could fail to make similar rules.
Criminalizing small scale copyright infringement. Under the TPP, downloading music could be considered a crime. Your computer could be seized as a device that aids this offense and your kid could be sent to jail for downloading. Some of these rules are part of US law. The TPP makes them worse and also imposes similar rules on other countries that don’t have them.
Kicking people off the internet. The TPP would encourage your ISP and the content industry to agree to institute measures such as three strikes—which kicks you off your internet connection after three accusations of copyright infringement—and deep-packet-inspection—which is akin to the USPS opening your mail. While we can not be sure exactly what is in the TPP, these examples are derived from a copy of the TPP’s IP chapter that leaked in February last year, the provisions that were reported to be part of earlier drafts of ACTA, and previous free trade agreements that the US has signed.

Of course, the provisions of TPP could be much worse. We will only know if the text of the agreement is actually released to the public. That is something that the USTR has refused to do (more on lack of transparency in a later post).

[presence]

https://wikileaks.org/tpp/#start
This Document Contains TPP CONFIDENTIAL Information





COVER PAGE



INTELLECTUAL PROPERTY [RIGHTS] CHAPTER



CONSOLIDATED TEXT

CHAPTER QQ1 (https://wikileaks.org/tpp/#sdfootnote1sym)

{INTELLECTUAL PROPERTY RIGHTS / INTELLECTUAL PROPERTY}

{GENERAL PROVISIONS}

[presence]

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November 19, 2013 | By Maira Sutton (https://www.eff.org/about/staff/maira-sutton)


Secret TPP Negotiations Resume in Salt Lake City

The newest round of Trans-Pacific Partnership (https://www.eff.org/issues/tpp) (TPP) negotiations begin today in Salt Lake City, Utah, where trade representatives will work towards finalizing the text of this sprawling secret agreement.https://www.eff.org/deeplinks/2013/11/secret-tpp-negotiations-resume-salt-lake-city