Defeating ACTA: Now or Never

Well, never a dull moment in the world of ACTA. After I wrote yesterday's column summing up what I thought was the final state of play, things got very interesting in Strasbourg. Rumours swirled that the right-of-centre EPP Group would be trying to use the agenda meeting last night to call for ACTA to be postponed. After a flurry of excitement, nothing happened then. But a little later, this tweet was posted on the EPP Group account:

On Open Enterprise blog.

ACTA Supporters In Europe Fighting To The Bitter End

As Techdirt has reported over the last few months, the passage of ACTA through the European Union's approval process has been little short of extraordinary. At the end of last year, ACTA seemed almost certain to be approved without difficulty. Then, inspired by the Internet community's success in stopping SOPA, European citizens woke up to ACTA's problems and took to the streets in huge numbers. 

On Techdirt.

ACTA Update XX: The Final Act

So, here we are: the final decisive week that is likely to determine the fate not just of ACTA, but also the course of digital copyright law in the world for the next few years (for the full background to how we got here, and what has happened along the way, see previous ACTA Updates.) That's because ACTA is not a law as such, but a treaty that sets the context for future laws of its signatories. It's why ACTA is so dangerous: it effectively neuters the sovereign power of nations - and hence of their citizens.

On Open Enterprise blog.

EU Parlamentarian Gallo: ACTA Dissent 'A Soft Form Of Terrorism'

Marielle Gallo is probably best known for the Gallo Report, which Techdirt described back in 2010 as a "similarly draconian intellectual property enforcement" to ACTA, with which it has much in common. So it's no surprise that Gallo has been one of the few vocal supporters of ACTA, and it was widely expected that the EU's Legal Affairs (JURI) committee she chairs would support her draft opinion calling for ACTA to be ratified. As we now know, that didn't happen, and JURI formed one of five committees that all recommended that ACTA should be rejected. 

On Techdirt.

EU Commissioner Reveals He Will Simply Ignore Any Rejection Of ACTA By European Parliament Next Week

The day before the EU's International Trade committee (INTA) recommended that the European Parliament should reject ACTA, the EU commissioner with responsibility for the treaty, Karel De Gucht, had given a speech to its members, trying to win them over. Although it was short, it turns out to be highly revealing about the European Commission's future ACTA strategy. Here's what he said: 

On Techdirt.

EU Liberals To Vote Against ACTA; Conservatives Want To 'Fix' It

We reported last week that the Socialists and Democrats in the European Parliament had decided to vote against the ratification of ACTA; now the Liberals and Democrats are following suit: 

On Techdirt.

ACTA 'May Interfere With Fundamental Freedoms' -- EU Data Protection Supervisor

The dramatic announcement that the EU's rapporteur on ACTA, David Martin, would be recommending that the European Parliament should reject the treaty was made at the end of a morning conference on the subject organized by Socialists and Democrats in the European Parliament. One of those speaking in favor of ACTA at that meeting was Helienne Lindvall, a professional songwriter and musician, who has now blogged about it: 

On Techdirt.

ACTA Rapporteur's Recommendations: Reject Treaty, But Ask European Commission To Come Up With Replacement

Last week, the EU Rapporteur on ACTA, David Martin, announced he would recommend that the European Parliament reject the treaty. He has now made good on that promise in his report, available in draft form (pdf): 

On Techdirt.

ACTA Closer To Death: Remaining EU Supporters Contemplate Rejecting It

Last week we saw the Socialists and Democrats, the second-largest bloc in the European Parliament, turn against ACTA. Combined with the stated position of the Green party there, that means ACTA is closer to being thrown out when the vote for ratification takes place in Brussels this summer. 

On Techdirt.

As ACTA 1.0 Lies Dying, Are G8 Countries Already Working On ACTA 2.0?

As we recently reported, ACTA has been dealt a serious blow by the EU Rapporteur's recommendation that the European Parliament should reject the treaty. In a fascinating leaked document (pdf) obtained by EDRI, it seems that even the G8 countries have accepted that ACTA is probably dead -- and have started working on a successor. 

On Techdirt.

EU Rapporteur Deals Major Blow To ACTA: Recommends Rejection By European Parliament

At the end of a morning of discussions about ACTA organized by the Socialists and Democrats in the European Parliament, the Rapporteur for ACTA, David Martin, has recommended that the European Parliament should reject the treaty, saying: 

On Techdirt.

ACTA Update XIII

What an extraordinary ride ACTA is proving.

When I first started this series of ACTA Updates back in February, I didn't hold out much hope that we would be able to stop it simply grinding through the European approval process. But over the last two months I've detailed some amazing events that have had a huge impact on ACTA's chances of being ratified. And yesterday, those amazing events culminated in the following statement from the European Parliament's rapporteur for ACTA:

On Open Enterprise blog.

ACTA Update XI

Although I've not written about ACTA here for a few weeks, things are still bubbling away in Brussels. Here's a good summary of what's going on from La Quadrature du Net, probably the best source of information on ACTA:

On Open Enterprise blog.

Strange: Vote Against Freeing Up Orphan Works Achieves 113% Turnout In EU Committee

One of the unresolved problems of copyright is how to deal with huge numbers of orphan works -- creations still in copyright, but whose owners can't be traced to give permissions that may be necessary for re-use. The European Parliament's JURI committee met recently to vote on a new report on possible permitted uses of orphan works, prepared by the Polish Member of the European Parliament, Lidia Geringer de Oedenberg. 

On Techdirt.

EU Greens Come On Board Pirates' Copyright Agenda

A couple of weeks ago, I was talking about the striking success of the Pirate Party in the German local elections. Since then, an opinion poll has suggested that, currently at least, the party enjoys a similarly wide support throughout the country - around 8%

On Open Enterprise blog.

The Great Prize: Innovating Without Monopolies

Last week I was in Brussels, talking at the European Parliament - not, I hasten to add, talking to the Parliament. This was a more intimate gathering in one of the smaller (but still quite large) conference halls, discussing a rather interesting matter:

On Open Enterprise blog.

Red Letter Day for ACTA in EU: Let's Use It

This week is one of the magic "plenary" ones in the European Parliament:

Only during the plenary weeks of June 14-17 and July 5-8 the MEPs will have an occasion to pass by the written declarations table, on their way to the plenary, to sign WD12 (at 12:00 on Tuesday, Wednesday and Thursday are the vote sessions, where every MEP should be present). It is therefore crucial that they are properly informed about the importance of signing it, right before moving to the plenary.

That WD12, to remind you:

Written declaration on the lack of a transparent process for the Anti-Counterfeiting Trade Agreement (ACTA) and potentially objectionable content

The European Parliament,

– having regard to Rule 123 of its Rules of Procedure,

A. whereas negotiations concerning the Anti-Counterfeiting Trade Agreement (ACTA) are ongoing,

B. whereas Parliament’s co-decision role in commercial matters and its access to negotiation documents are guaranteed by the Lisbon Treaty,

1. Takes the view that the proposed agreement should not indirectly impose harmonisation of EU copyright, patent or trademark law, and that the principle of subsidiarity should be respected;

2. Declares that the Commission should immediately make all documents related to the ongoing negotiations publicly available;

3. Takes the view that the proposed agreement should not force limitations upon judicial due process or weaken fundamental rights such as freedom of expression and the right to privacy;

4. Stresses that economic and innovation risks must be evaluated prior to introducing criminal sanctions where civil measures are already in place;

5. Takes the view that internet service providers should not bear liability for the data they transmit or host through their services to an extent that would necessitate prior surveillance or filtering of such data;

6. Points out that any measure aimed at strengthening powers of cross-border inspection and seizure of goods should not harm global access to legal, affordable and safe medicines;

7. Instructs its President to forward this declaration, together with the names of the signatories, to the Commission, the Council and the parliaments of the Member States.

So now would be a good time to contact your MEPs. If you want to find out who is still sitting on the naughty step as far as WD12 and ACTA is concerned, there's a good list from La Quadrature, complete with email and telephone numbers.

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Urgent: Please Write to your MEPs in Next Hour

There's a big “plenary vote” in the European Parliament at 11.30 local time (10.30 UK time). This is great opportunity for MEPs to sign the Written Declaration 12 on ACTA, which basically says the European Parliament is very unhappy with ACTA.

If you can, please write a short note to your MEPs asking them to support that declaration *now*. Here's what I've written:

I believe that there is a plenary vote today: I am writing to ask you to take that opportunity to sign the Written Declaration 12 on ACTA, which I feel is an important document that deserves your support for the sake of the European electorate and European democracy.

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A Class Act from the European Parliament

One of the most dispiriting aspects of the ACTA saga is that practically everything has been conducted behind closed doors. What we know is largely from leaks and a few, costive hints from officials when they deign to let us little people peak behind the curtain for a millisecond or two.

On Open Enterprise blog.

EU's Gallo Report: Rubbish Recycled

I've noted several times an increasingly popular trope of the intellectual monopolists: since counterfeiting is often linked with organised crime, and because counterfeiting and copyright infringement are vaguely similar, it follows as surely as night follows day that copyright infringement is linked with organised crime.

Well, that apology of an argument is now being recycled in the draft of the Gallo Report [.pdf], "on enhancing the enforcement of intellectual property rights in the internal market," from the Committee on Legal Affairs of the European Parliament:

there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy

Well, maybe between organised crime and counterfeiting, but I challenge anyone to provide evidence that it's linked to infringements of copyright ("piracy").

This is not the only example of a lazy and totally biased reuse of old arguments employed by the content companies. Earlier in the document we find a similar parroting of the inaccurate statements put about by industries dependent on intellectual monopolies:

violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents, constitute a genuine threat not only to consumer health and safety but also to our economies and societies

*Counterfeiting* can certainly be a threat to consumer health and safety, and needs to be combated vigorously, but the idea that copyright infringement might be is simply risible, and it's an insult to our intelligence even to suggest it.

innovation and creativity have considerable added value for the European economy and, taking account of the economic context, they should be preserved and developed

Well, yes, but they are quite separate from the enforcement of intellectual monopolies, I'm afraid.

the phenomenon of on-line piracy has assumed very alarming proportions, particularly for the creative content industries, and whereas the existing legal framework has proven incapable of effectively protecting rights-holders on the Internet and the balance between all the interests at stake, including those of consumers

There is no balance whatsoever: the original 14-year term of copyright is now life plus 70 years in many jurisdictions: the consumers are *never* considered in any of this. This claim is totally one-sided in favour of the monopolists.

The report even stoops to the level of advocating brainwashing the young, when it

Stresses the need to educate young people to enable them to understand what is at stake in intellectual property and to identify clearly what is legal and what is not, by means of targeted public awareness campaigns, particularly against on-line piracy

What it means, of course, is that it wants to bully them into accepting the lazy, arrogant, monopolists' view that they are entitled to their old business models, that nobody is allowed to innovate around digital content, and that the little people like you and me should learn to shut up.

All-in-all, this is one of the most disgraceful pieces of work I have ever seen from the European Parliament: a true blot on the otherwise laudable record it has of defending the rights of the European public that elected it. If it wants to retain its credibility with the latter it should reject this load of nonsense and start again.

Follow me @glynmoody on Twitter or identi.ca.