this was the evolution of our process for creating the standards, it started off fairly ad hoc, much more in the start of the Internet engineering task force. People get together, they know each other -- and all with a passion for the same thing -- get together and produce some technology and roll it out and then sort of create a new market.
Then we found with one particular standard that came through the consortium, that one of the people in the working group turned around and said, "Oh, right -- you're all going to be paying me royalties, by the way, when we're finished." And there was shock and horror. This was during the dot -com boom, so this was when things were moving very fast, people were talking about 2.6 Internet years being a year -- or was it an Internet year being 2.6 months? -- things going very fast. And the whole process stopped for 18 months. It cost us I think $150,000 to find a lawyer who would investigate it and write an opinion. And the opinion was that actually these people would not be paying anybody royalties, that a patent did not apply in that case.
“the tricky balance between creativity, culture, and the relationship between audiences and creators. These have always been hard subjects, and the Internet has made them harder still, because the thing that triggers copyright rules – copying – is an intrinsic part of the functioning of the Internet and computers. There’s really no such thing as ‘‘loading’’ a web-page – you make a copy of it. There’s really no such thing as ‘‘reading’’ a file off a hard-drive – you copy it into memory.”
Privatised enforcement outside the rule of law
In Article 27, ACTA imposes an obligation on States to support “cooperative efforts with the business
community” to enforce criminal and civil law in the online environment. This obligation legitimises and
promotes the policing and even punishment of alleged infringements outside normal judicial frameworks.
The scale and extent of such measures is to be decided by private companies.2 More worrying still, a leaked
document published by the European Parliament itself,3 gives disconnection of users as an example of the
private sanctions that could be imposed in such “cooperation”.
Suspiciousless mass surveillance in violation of the Charter
ACTA requires Internet intermediaries to disclose the personal information of alleged infringers to
rightsholders –
ACTA envisages disclosure orders to cover “alleged infringers” in addition to “infringers”. The text also
explicitly places the interests of rightsholders ahead of free speech, privacy, and other fundamental rights.6
ACTA jeopardises free speech by prioritising private-sector repressive measures aimed at copyright
protection over the fundamental rights to privacy and freedom of communication and association – rights that
are prerequisites of democracy - without guarantees of due process and equality of arms.
[cf Dirk at WSIS]