Thursday, July 24, 2008

ACTA 3 strikes

Now todays UK p2p deal doesn't mandate a 3 strikes regime but in very timely fashion Glyn Moody reminds us that the music industry are still working behind the scenes to get it incorporated into the Anti-Counterfeiting Trade Agreement (ACTA).

"The name of the “Anti-Counterfeiting Trade Agreement” – ACTA – is indicative of the overall approach being taken. First, this is a trade agreement, which means that it by-passes many of the more open processes for drawing up international agreements. This has allowed it to be discussed in secret, amongst a cosy club of interested parties and their chums – notably, those in industries based on exploiting intellectual monopolies . Moreover, this is an invitation-only club, which has led to the exclusion of most developing countries, and hence most of the world in terms of population...

The approach that ACTA will take is hard to discern from the generalities of the briefing document, but fortunately we have some clear hints in the published submissions from interested parties in which they express they hopes for ACTA.

Here, for example, is what the record industry would like to see:

ensure that ISP's are required by law to engage in reasonable business practices with respect to the detection and removal of infringing files, preventing access to their networks on the part of known infringers; terminating the accounts of repeat or serious infringers

In other words, the old “three strikes and you're out” idea mandated across most of the developed world – and ultimately beyond."

He also takes the BSA to task for attempting to eviscerate privacy protections in order to protect their members. (It you want a considered view of why this is a bad idea, read Daniel Solove's terrific book The Future of Reputation which is now freely available online.)

Whichever side of the IP debate you fall on Moody's article is well worth reading in full.

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