ACTA – Sharing equals Counterfeiting?
The Foundation for a Free Information Infrastructure (FFII) warns that ACTA, the planned Anti Counterfeiting Trade Agreement, which is being negotiated behind closed doors between the EU, US, Japan and other countries, may criminalize the normal sharing of documents and information. Drafts of the agreement being discussed are shared with industry lobbyists, but neither the public nor even the members of the EU parliament or other legislative bodies are let in on what is being discussed.
The definition of piracy that ACTA is being constructed around comes down to “willful large scale infringement” of copyright or patent laws, says the FFII.
As a result, bona fide entrepreneurs and civilians are criminalized, and excessive civil and administrative measures can be invoked against them. The following examples may be infringements. If they are, they would fall within the definition:
- a newspaper, whistle blower or blogger revealing a document,
- ambiguous cases of trademark confusion,
- parallel importation (buying and selling of genuine products),
- making a product or medicine (in many sectors, there are so many patents, with unclear scope and validity, it is impossible to tell whether one violates a patent),
- the production of spare parts (may violate an unexamined design right, with unclear scope and validity),
- an office worker emailing a copy of a market research report to his colleague at work,
- emailing a list of people (may violate an unexamined database right, with unclear scope and validity),
- a library, in order to preserve digital sound recordings for posterity, unlawfully breaking the technical protection measure wrapping the digital recording each time it lawfully receives a sound recording either by purchase or by legal deposit,
- and possibly: youngsters enthusiastically sharing their favorite music with friends.
FFII’s Analysis of the Anti-Counterfeiting Trade Agreement being discussed:
According to an FFII press release of 2 April, the EU Council may bypass the EU parliament altogether and finalize the treaty during parliamentary recess…
EU Council may pass ACTA silently during parliamentary recess