Praising, cursing ACTA: reactions roll in
By Nate Anderson
Ars has already dived deep into the bowels of the Anti-Counterfeiting Trade Agreement (ACTA), and our findings were about as pretty as that metaphor suggests.
The agreement has already been improved under public pressure, so what's the broader reaction to its release? We rounded up some of the most interesting reactions. If you want a sense of how the debate over ACTA will play out over the rest of this year, consider these talking points a sneak preview.
Hollywood: The MPAA likes ACTA, of course. "We think it represents a solid building block, an important step forward in the work of like-minded governments to strengthen protection against Internet piracy, the fastest growing threat to filmed entertainment and other segments of the copyright industries.
"We firmly believe that ACTA must include robust protections for intellectual property online, building on established international norms if it is to meet its potential as a state-of-the art agreement to combat counterfeiting and piracy. We hope the release of this draft will build momentum for a final agreement... No business can sustain itself if forced to compete against the widespread theft and unlawful distribution of its products.”
Recording industry. We checked in with the RIAA, but they were not yet ready to comment. Instead, they pointed to a letter from November that the group signed. That letter makes clear that getting ISPs to play ball on dealing with piracy is the big goal here.
"Online theft is a critical challenge for each of the diverse copyright-based sectors represented by the signatories to this letter. In this regard, it is essential that ACTA include a robust Internet chapter that, among other things, provides legal incentives for cross-industry cooperation to combat online piracy."
Computer companies: CCIA, a trade group representing Microsoft, Google, and others, blasted ACTA. It may not affect US law, but it will have ripple effects in many other places.
"According to CCIA's analysis, the proposed language in ACTA compels other countries to increase intellectual property penalties—without mandating any protections found in US law that shield US technology and Internet companies. These details indicate that ACTA is not consistent with the commitment to a balanced copyright expressed by US officials at a recent assembly of the World Intellectual Property Organization (WIPO)."
CEO Ed Black was more blunt. "An agreement that says, 'Please punish our tech companies' will not be good for US trade," he said. "ACTA is not a trade agreement. It is an anti-trade agreement that closes foreign markets for US tech companies. For 37 years CCIA has been pro trade and opposing ACTA is pro trade.
"Those defending ACTA insist it doesn’t change US law. But it exports the most insidious parts of our digital copyright law and makes the protections and consumer-oriented parts of it optional."
Independent music labels: A2IM, the American Association of Independent Music, loves ACTA.
"As the trade organization representing American independent music labels, our community of content creators contributes greatly to the rich cultural history —and to the economy, including exports—of the United States," said the group. "But in order to continue creating diverse, compelling music for fans, the artists who make music and those who invest in them must be able to make a living."
Video gamers: The Entertainment Consumers Association, which represents gamers, complains about the process.
"That so little insight of the public, or of stakeholder groups with consumer’s interests, and with the overt and direct involvement of trade associations and corporate interests to-date, the natural balance that can and should exist was needlessly askew," it said.
Specific concerns include anti-circumvention rules, the idea of "imminent" infringement (think Minority Report's "pre-crime"), and criminal penalties for "willful copyright infringement" even with no motive of financial gain.
ACTA's leakers: La Quadrature du Net, the French group that first leaked a complete ACTA draft last month, isn't pleased with the official release.
"This whole policy laundering is incompatible with democracy and the ideals of preserving fundamental rights, Internet, public health and innovation at large," said the group today, though it did express hope.
"After more than two years of opaque elaboration, ACTA negotiators have finally bowed to the pressure of NGOs and citizens worldwide... This release of the text shows how effective the massive mobilization of citizens around the world can be... We must firmly refuse that unelected officials on their own devise policies that have an impact on such critical societal issues."
Other public interest groups like the EFF and Public Knowledge have yet to weigh in... but if they like ACTA, the world might just seize up in shock and stop turning altogether.
Here's the official version of the current draft treaty
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