ACTA Fool
A proposed treaty, The Anti-Counterfeit Trade Agreement, between various nations of the world raises several concerns in consumer privacy, the free flow of information on the Internet, and legitimate e-commerce, according to the Electronic Frontier Foundation.
EFF argues that despite the agreement's obvious cracking-down on counterfeited physical goods, its scope has been broadened to include Internet distribution and information technologies. A few measures include the requirement of Internet Service Providers to monitor their customers' communications online and divulge- to local and federal government- the identities of alleged copyright infringers without warrant, disruption of fair use, and holding pharmaceutical manufacturers of active pharmaceutical ingredients liable if those ingredients are used to make counterfeits.
I can see the benefit in a system that punishes illegal copyright infringement and rampant counterfeiting for profit, but is that fine line between protection of intellectual property and the warrant-less searching of the government being blurred?
What are your thoughts? Do you see an agreement like this stifling creativity under fear or would it bolster it with enhanced regulatory measures?
EFF argues that despite the agreement's obvious cracking-down on counterfeited physical goods, its scope has been broadened to include Internet distribution and information technologies. A few measures include the requirement of Internet Service Providers to monitor their customers' communications online and divulge- to local and federal government- the identities of alleged copyright infringers without warrant, disruption of fair use, and holding pharmaceutical manufacturers of active pharmaceutical ingredients liable if those ingredients are used to make counterfeits.
I can see the benefit in a system that punishes illegal copyright infringement and rampant counterfeiting for profit, but is that fine line between protection of intellectual property and the warrant-less searching of the government being blurred?
What are your thoughts? Do you see an agreement like this stifling creativity under fear or would it bolster it with enhanced regulatory measures?
posted by Christian at
12:50 PM
2 Comments:
I wonder if we've already crossed the line between protecting the investment of the creator/inventor and stifling not only creativity but productivity. If you could fully quantify the investment of the patent-holder, and length or restrictiveness of the patent that brings him greater profit than he could get on the market (a 'normal' rate of return or the 'zero economic profit' concept)is a monopoly or limited monopoly. All types of monopolies prevent efficiency in the market.
Aside from actively stifling innovation and creativity (Fair Use exists for a reason), it seems to me that ACTA puts the burden of copyright enforcement on organizations that aren't party to the copyright - ISPs, law enforcement, etc. It's up to the copyright holder to make an effort to prevent piracy - it's not the job of ISPs to defend copyright holders' property for them.
More importantly, this seems to further a collective mindset wherein guilt is presumed (in a purely legal view, illegally downloading a song is no more similar to unauthorized duplication/distribution than receiving stolen goods is to actually stealing them).
Lastly, I feel strongly that, rather than try to lobby for more restrictive legislation, organizations such as RIAA, MPAA, and their non-US counterparts should invest their time and money in distribution technologies which are less prone to piracy.
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