TTIP Update II

As I noted in my first TTIP Update about the current negotiations between the EU and US over a massive trade agreement that is far from being only about trade, it is probably true that it will not include many of the more outrageous ideas found in ACTA last year. But that is not to say that TTIP does not threaten many key aspects of the Internet - just that the attack is much more subtle.

On Open Enterprise blog.

After ACTA: Trans-Atlantic Partnership Agreement

It's not often that trade agreements make it to the front page of the newspapers, but that's what happened on New Year's Day:

On Open Enterprise blog.

Out ACTA-ing ACTA: All TPP Negotiating Documents To Be Kept Secret Until Four Years After Ratification

The Anti-Counterfeiting Trade Agreement (ACTA) has now been signed by several nations – even if its actual status is by no means clear. But that doesn't mean governments have finished with their trade negotiations behind closed doors. As Techdirt reported earlier this year, the Trans Pacific Partnership (TPP) agreement is, in some ways, even worse than ACTA, and looks to be a conscious attempt to apply the tricks developed there to circumvent scrutiny yet further. 

On Techdirt.

The Copyright Ratchet Racket Explained

I and many others have noted how changes in copyright law only ever work in one direction: to *increase* copyright's term and to give greater powers to copyright holders. In effect, it's a ratchet. But until now, I've not seen a good explanation of what's driving all this (although I had a pretty good idea). The motor behind the ratchet (assuming such mixed metaphors are permitted) is harmonisation:

Simply put, “harmonization” is a concept whereby the intellectual property laws of different countries are made consistent, mostly to facilitate international trade and business. The concept of harmonization is not unusual; almost all the states and territories in this country are signatories to the Uniform Commercial Code (UCC), a model law in the U.S. that makes consistent (or “harmonizes”) the law of contracts, sales, banking, and secured transactions. This allows firms in one state to reasonably, predictably, and consistently do business with firms in another state.

...

From a linguistic perspective, harmonization suggests a voluntary coordination that the parties to an agreement will be held to the same, core standards and will be working under the same rules. Ideally, each country’s intellectual property laws should have similar weight and effect where harmonization occurs.

But in reality, harmonization of intellectual property laws is different. The term has become a euphemism for the global, one-sided spread of United States’ intellectual property laws. One could argue that under the guise of harmonization, intellectual property law has become America’s chief 21st century export. In the harmonization model, U.S. intellectual property law effectively becomes the world’s de facto intellectual property law, effectively overriding the voluntary coordination principle that should be inherent through the Berne Convention.

This is a fantastic post, with useful links, that fleshes out the following basic argument:

The dismissal of voluntary coordination occurs because the U.S. leverages its economic power to force other countries to adopt U.S. copyright law in lieu of their own if the U.S. thinks the foreign country’s laws are insufficient to protect American intellectual property. It is a “carrot and stick” approach: If a foreign country wants to do business with the U.S. (or get U.S. support to enter into the World Trade Organization), it must adopt U.S. copyright standards and codify them into their statutes.

For most foreign countries, this quid pro quo has become the price of doing business with the U.S. On the other hand, it is unusual that the U.S. would agree to agree to another country’s intellectual property regimen: It doesn’t have to. Therefore, harmonization really is doublespeak for a worldwide adoption of the American intellectual property standard.

Indispensable reading for anyone who cares about the global copyright racket - and that should mean anyone who is online, since the tricks used to bolster copyright around the world will have a profound effect on ordinary users there, as the current UK Digital Economy bill makes all-too plain.

Follow me @glynmoody on Twitter or identi.ca.

ACTA's Unspeakable Acts

It seems that the Mighty behind the imminent ACTA are aware that what they are up to is literally unspeakable:

I’ve recently heard through a grapevine that ACTA negotiants have reportedly signed non-disclosure agreements as a condition of their participation in this week’s secret closed-door meeting in Geneva.

This is an amazing and frightening step backwards in the history of global governance. It also epitomizes the ACTA negotiants’ dismissive attitude towards the importance of credible, transparent trade policy-making in the current global environment.

Anyone who would seek to radically transform the world’s trade in intangible assets without the participation of most of the world’s governments has learned little from the Asian Financial Crisis, the Iraq War, or the ongoing real estate and credit catastrophe.

Why isn't the mainstream media up in arms about this? Or are they too busy contemplating their own growing impotence and irrelevance? Some of us have been warning about this for six months....