Red Alert

Credit where credit’s due on ACTA

Posted by on April 19th, 2010

This is one of those times when the Opposition says the government’s done a good job.

Which I think it did last week in chairing the secret talks on ACTA (Anti-Counterfeiting Trade Agreement) and gently pushing for transparency. I think they’ve listened to the people who are raising serious concerns about the secret trade talks and the rights of citizens.

After more than a year of sustained pressure, the countries negotiating the Anti-Counterfeiting Trade Agreement (ACTA) decided that the time is right to release the draft text of their work.

The official announcement came yesterday after the conclusion of negotiations in New Zealand.

“There was a general sense from this session that negotiations have now advanced to a point where making a draft text available to the public will help the process of reaching a final agreement,” says the official announcement.

That’s good news for NZ, as our govt was pressing for transparency and the talks took place in Wellington.  Tim Groser, in a media release, said NZ had taken account of strong public interest and the talks would now be more accessible to the public. The text will be available from www.mfat.govt.nz on Thursday 22 April.

The next meeting takes place in June in Switzerland and the aim is to complete talks this year.

Trade Minister Tim Groser also announced late last week that New Zealanders’ views will be taken into account when the Government makes any decision about whether to join ACTA.

The ACTA trade deal is to set a new benchmark for enforcement of intellectual property rights but critics of the secrecy have argued it will infringe on digital rights, particularly those of non commercial peer to peer file sharers  and impose draconian rules aimed largely at protecting the interests of copyright holders such as movies and music companies.

The trade agreement is expected to include a “three strikes” policy, requiring internet service providers to block people who repeatedly breach copyrights. Labour opposes the disconnection from the itnernet which is proposed in NZ’s copyright law.

And finally, the publicACTA event a week ago before the Wgtn secret talks did make a big difference I think in raising public, media and general awareness among the negotiators of the public interest in these talks. Credit also to InternetNZ who organised them.

We will be looking at the text closely when it is released and watching progress.


17 Responses to “Credit where credit’s due on ACTA”

  1. Well done to all concerned for getting an official copy of he ACTA text out into the open!

  2. Loota says:

    Yes this is a big deal. And good of you for giving credit where credit is truly due, Clare. Nevertheless, we have to watch this thing like hawks. Big corporate interests will continue to want as many maximal punitive measures in place to advantage them as possible.

  3. Until now, ACTA has been looking like a commercial negotiation with only one party in the room. This will help redress the balance, so that those of us with something to lose through an attack on the Internet get a chance to have our point of view heard.

    A big thanks to all involved in working for this, including InternetNZ, the acta.net.nz coalition and the New Zealand ACTA negotiators.

  4. It is good to see this kind of article. The “opposition” should not be there just to attack the Government for the sake of it. The point of Parliament was a debating chamber in which issues can be debated rationally. I know that we are far away from this ideal, but your support of National when well deserved is a breath of fresh air.

    Their support of the software patent exclusion is also deserving of applause. Personally I’m impressed that we have not simply rolled over for US interests under a National Government.

    Of course I think that National are doing things that need careful analysis and critique. Changes to ACC and benefits impact the least fortunate in society, people that have the least resources to fight back, and who are dependent on the state and are thus most vulnerable.

    Loota is also correct, that we will probably put our IP laws up for negotiation. However, if you look at the future of New Zealand there is every chance we will see massive increase in demand for food products as countries like the US are hit with global warming. So lets not be too keen to compromise our laws for the sake of some FTA breadcrumbs.

  5. Clare Curran says:

    Thanks Colin, I should have mentioned the acta.met.nz coalition and all those committed people (including you) who worked so hard to draw attention to the issues, the NZ negotiators who I belive (though don’t know for sure) have the public interest issues at heart and to Michael Geist and Kim weatherall who gave quality speeches and raised awareness and understanding of what lay behind the talks.
    However, it’s not over yet.

  6. Matt P says:

    Now if we can just get that stupid Copyright Infringement Bill (the s92a provision, being debated tomorrow, btw) thrown out too.

    Or is the local version of ACTA okay?

  7. Spud says:

    Down with 92A :evil:

  8. [...] Curran blogs: This is one of those times when the Opposition says the government’s done a good [...]

  9. Idiot/Savant says:

    (the s92a provision, being debated tomorrow, btw)

    No its not. Number 6 on the Order Paper is a long way from anywhere.

  10. nevyn says:

    I’m still a little apprehensive. A huge portion of the negotiations have already taken place. The statement made seems to indicate that they’re fairly confident that they’ll push through with the majority of what’s in there. This could conceivably be little more than a PR tactic.

    In other words, the battle’s only half done. The fact that it was done in secrecy in the first place indicates that there are things in there (like the absurd expansion in scope to the Internet rather than JUST trade) which are objectionable.

    Great work to everyone involved. But lets not get complacent.

    Regards,
    Nevyn.

  11. Matt P says:

    Thanks for pointing that out, Idiot/Savant. Inane nitpicks are always relevant to the discussion.

  12. Rebecca says:

    Thanks for highlighting this Clare; MPs like you are what it is all about as you look beyond the party divide to the issue. Good on you for giving credit as in this instance, I agree it is due.

  13. Rick Shera says:

    @Matt P

    NZ’s proposed replacement for s92A (now to be in ss122A-122R of the Copyright Act) is contained in the Copyright (Infringing File Sharing) Amendment Bill – http://legislation.govt.nz/bill/government/2010/0119/8.0/DLM2764312.html . The new proposal is a welcome distance away from a mandatory 3 strikes repeat infringer regime. I notice also that MED has just announced that ACTA will NOT mandate 3 strikes – which begs the question of why we now need any termination remedy in our proposed law, if it’s not required for ACTA. After all, even the s92A architect, Judith Tizard, admitted that internet access is akin to a human right.

    Apart from termination, the new NZ proposals are pretty good. Even though I don’t expect termination is a remedy that will be awarded much, if ever, it should not be there.

    In terms of ACTA, I’m far more concerned about leaked proposals for increased ISP liability, statutory damages, reduction of user privacy and increased protection of TPMs – any one of which could require change to NZ law. It will be interesting to see where these have got to when the draft is officially released later this week.

  14. hellonearthis says:

    Labour opposes the disconnection from the itnernet, don’t you mean the internet.

    And will Labour put it on the toss list when they get back into power.

  15. Matt P says:

    @Rick Shera

    Disconnection or no disconnection is immaterial as far as I’m concerned. The point that concerns me is that the public is being taken to task and held accountable for the enforcement of a private industry’s business model (or monopoly, to be more accurate).

    Yes, I’m aware of the copyright tribunal and the fact that there’s no longer mere guilt on accusation, but it’s ridiculous that such is even on the table in the first place – and that’s without touching on the fact that we have exactly no idea what kind of defenses nor what standards of evidence will be allowable before said tribunal.

    We’re also talking additional costs and liabilities imposed on ISPs and consumers alike.

    I’ve used this analogy before and it’s still apt: the Copyright Infringement Amendment is better than the original s92A in the same way that being punched in the face is better than being set on fire.

    If the music and movie cartels have such a problem with their business model, then perhaps they should look to such revolutionary concepts as “providing a competitive product” and “not making their customers into criminals”.

  16. Arda Beyaz says:

    Thanks Colin, I should have mentioned the acta.met.nz coalition and all those committed people (including you) who worked so hard to draw attention to the issues, the NZ negotiators who I belive (though don’t know for sure) have the public interest issues at heart and to Michael Geist and Kim weatherall who gave quality speeches and raised awareness and understanding of what lay behind the talks.
    However, it’s not over yet.

  17. Well done to all concerned for getting an official copy of he ACTA text out into the open!

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