The RIAA submitted this letter in response to public requests for comment on the ACTA. The RIAA provides a detailed prescription of what it needs in order to ensure that its intellectual property rights are not infringed anywhere in the world. This includes recommendations for the definition of “piracy,” and which infringement cases should be prosecuted. It also sets out specific requirements for law enforcement and monitoring officials to follow. The RIAA expresses its strong supports for the dialogue the ACTA has provoked and expresses its wish that all of its arguments be taken into account when formulating its final version.
The RIAA provides by far the clearest and most non-negotiable opinion. It explicitly states that all acts of piracy, commercial or non-commercial, should be prosecuted and the strictest laws should be applied. It seems that the RIAA has already created its own legal framework that advances the industry’s ambitions and protects its interests efficiently. The Association is merely looking for a conduit of its legal system and does not intend to negotiate with any party. It also disregards the motives of user worldwide to seek and use illegal materials online. The RIAA does directly address the links between piracy and organized crime, which shows that it recognizes some of the ramifications of copyright infringement that affect areas completely exterior to music. While the Association’s stance should not be ignored, its positions should be considered alongside economic and empirical evidence (like the one provided by the IIPA). Additionally, the confidence and severity of the RIAA’s opinion should caution all countries that the U.S. organization is a powerful player and can include the international arena in its jurisdiction if its demands are completely met by any multinational agreement.
tagged acta copyright counterfeit infringement piracy riaa by nikolovb ...and 1 other person ...on 25-NOV-08
This article provides a comprehensive overview of the tenets regarding the proposed Anti-Counterfeiting Trade Agreement (ACTA). The proposal is drafted by Japan, the EC, the US and Switzerland as of now for a plurilateral anti-counterfeiting agreement. The report delves further into the issue of piracy by identifying factors studied by the OECD. The OECD report highlights that negative impacts on individual property right’s holders include decreased sales volumes, prices and royalties complemented by limited research and development. In the context of file sharing, this could potentially damage the image of product sales and bigger companies due to the lack of proper revenue being brought in. This trade discussion paper is also provides information about Australian participation in the ACTA negotiations. Areas further discussed within the legal framework include criminal enforcement and border measures. These just serve as a few of the potentially stringent new plans to be carried out should the ACTA be passed.
This article seems to be similar to the ACTA information sheet, but provides a more comprehensive look at the future of file sharing and problems associated with it. However, the claims tend to blanket all issues of piracy and copyright infringement and thus leave out a lot of information regarding file sharing. In reference to my thesis, this seems to provide early evidentiary support for the ACTA’s prototype and the legalities that would come along with its passing.
tagged acta foreignaffairs piracy trade by ishana ...on 25-NOV-08
This research project provides a considerably strong and opinionated argument against the passing of the ACTA. Theorist Aaron Shaw argues that the ACTA will create harsh legal standards that infringe on the principles of a democratic government and civil liberties. Shaw further states that the USTR is just one of many organizations that is taking part in the formation of this agreement, a fact unknown to most file sharing users. The author further writes that service providers will be protected from the actions of their subscribers, throwing their own internet users under the train tracks of the law. If signed, this agreement would put money back in the hands of a few wealthy states and corporations while simultaneously crushing the rest of the world . This rejection of multilateralism will laud the usage of the DRM and other technology-blocking devices that prevent existing file sharing/transfer of information. Many large, multinational companies such as Microsoft and Time-Warner both agree that their software and liabilities would be better protected after the passing of this, but Shaw argues that they are overlooking the patents being passed on user-generated software, such as Myspace. This highlights many other points about the importance of user-generated interfaces such as Apple’s App store and the restrictions that would be placed on future products made by users.
This article provides a good third party view on the ACTA and the preliminary steps taken against its passing. Shaw’s outlook, though highly biased towards the liberalization of the media and its associated property rights, does provide a few good points about the potential consequences should this be approved. Though the passing of this bill could serve to help larger companies, the stress placed on consumers could serve as a double-edged sword for the larger service providers. The thesis within which my argument is framed specifically focuses on the transfer of information, so Shaw’s argument on the ethics of file sharing and the blockage of information seems to benefit my stance most. I highly recommend this source as a good introduction to the opposition against the ACTA. Shaw also provides a clear argument against the passing of this and the future consequences that may result in both a theoretical and economical context.
tagged acta civilliberties economy piracy by ishana ...on 25-NOV-08
The proliferation of piracy and counterfeiting appears to pose a threat to the development of the economy. It is believed that these infringements deprive legitimate businesses of proper income, while simultaneously limiting innovation and creativity. To combat these changes, the Anti-Counterfeiting Trade Agreement serves to establish among nations a way to combat global infringements of copyrighted works. Individual property rights’ protection via the ACTA will increase international cooperation, strengthen the framework of practices that contribute to effective enforcement of IPRs, and strengthen relevant IPR enforcement measures themselves. The provisions of the act stress international cooperation via improving technical assistance. This includes building relationships with organizations such as Comcast and other internet service providers to develop better restrictions on file sharing. These restrictive forces, when applied, will provide an easier way to control the transfer of illicit information via peer-to-peer sharing.
The ACTA's passing controls the future of file sharing and the implications involved in the advancement of these proposed restrictions. By taking this movement global, the ACTA will be able to infiltrate all forms of control and severely handicap the transfer of information. This block in file sharing appears to be the world's way of fixing our failing economy. Though this intends to strengthen the cause for the protection of individual property rights, this agreement severely stunts the growth of information and creativity from peer-to-peer. Joining other organizations in order to crack down on file sharing will enhance the opposition to find alternate paths to acquiring this information, a situation this agreement further fails to address. Though succinct, this article appears to highlight central arguments and provides constant updates on legislative procedures taken against the EFF.
tagged acta piracy trade by ishana ...on 25-NOV-08


