TPP

Kirtsaeng Shows Why Trade Negotiators Don't Always Know What the Law Actually Is

Something we commonly hear when the United States Trade Representative or others are negotiating "trade" agreements is that, to the extent that these agreements mention other areas of law or policy--such as copyright law--they are "consistent" with it. "Who could object," we are asked, "to simply restating what the law already is?"

The first problem with this is that such agreements don't just restate the law--they can freeze it in place. It is politically more difficult for Congress to pass a law if there's an argument (even a wrong one) that doing so would take us out of "compliance" with a trade agreement. If trade negotiators want to freeze US law in place they should explain that is what they are doing and not frame the issue as a technical one without real consequences.



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Something we commonly hear when the United States Trade Representative or others are negotiating "trade" agreements is that, to the extent that these agreements mention other areas of law or policy--such as copyright law--they are "consistent" with it. "Who could object," we are asked, "to simply restating what the law already is?"

The first problem with this is that such agreements don't just restate the law--they can freeze it in place. It is politically more difficult for Congress to pass a law if there's an argument (even a wrong one) that doing so would take us out of "compliance" with a trade agreement. If trade negotiators want to freeze US law in place they should explain that is what they are doing and not frame the issue as a technical one without real consequences.

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Something we commonly hear when the United States Trade Representative or others are negotiating "trade" agreements is that, to the extent that these agreements mention other areas of law or policy--such as copyright law--they are "consistent" with it. "Who could object," we are asked, "to simply restating what the law already is?"

The first problem with this is that such agreements don't just restate the law--they can freeze it in place. It is politically more difficult for Congress to pass a law if there's an argument (even a wrong one) that doing so would take us out of "compliance" with a trade agreement. If trade negotiators want to freeze US law in place they should explain that is what they are doing and not frame the issue as a technical one without real consequences.

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Something we commonly hear when the United States Trade Representative or others are negotiating "trade" agreements is that, to the extent that these agreements mention other areas of law or policy--such as copyright law--they are "consistent" with it. "Who could object," we are asked, "to simply restating what the law already is?"

The first problem with this is that such agreements don't just restate the law--they can freeze it in place. It is politically more difficult for Congress to pass a law if there's an argument (even a wrong one) that doing so would take us out of "compliance" with a trade agreement. If trade negotiators want to freeze US law in place they should explain that is what they are doing and not frame the issue as a technical one without real consequences.

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Cell Phone Unlocking Debate Highlights Trade Negotiation Process Problems

The issue of cell phone unlocking has been hot for the past month.  The White House response to the over 100,000 person petition to allow for the unlocking of cell phones has led to a flurry of legislative proposals in Congress and broad interest in a quick solution to the issue.



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The issue of cell phone unlocking has been hot for the past month.  The White House response to the over 100,000 person petition to allow for the unlocking of cell phones has led to a flurry of legislative proposals in Congress and broad interest in a quick solution to the issue.

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The issue of cell phone unlocking has been hot for the past month.  The White House response to the over 100,000 person petition to allow for the unlocking of cell phones has led to a flurry of legislative proposals in Congress and broad interest in a quick solution to the issue.

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The issue of cell phone unlocking has been hot for the past month.  The White House response to the over 100,000 person petition to allow for the unlocking of cell phones has led to a flurry of legislative proposals in Congress and broad interest in a quick solution to the issue.

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The Economic Impact of Copyright: A Presentation to TPP Negotiators

October 09, 2012

This presentation was given to negotiators of the Trans-Pacific Partnership Agreement (TPP) during the July 2012 round of negotiations in San Diego, CA. A PDF of this presentation is available here

Failing to Understand the Needs of the 21st Century: The TPP and the Notice-and-Takedown System

This is the fourth post in our series on how a US proposal for a copyright chapter in the Trans-Pacific Partnership Agreement (TPP) would hurt the rights of citizens in the 21st century. That proposal was leaked on the internet in February last year. For more details on the TPP, check out tppinfo.org.

One of the ways that the TPP fails to accommodate the needs of 21st century technology is by locking the US into its current rules for when online service providers should be liable for others’ infringement, in addition to subtly chipping away at the protections given to online service providers.

Locking In the Notice-and-Takedown Process



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This is the fourth post in our series on how a US proposal for a copyright chapter in the Trans-Pacific Partnership Agreement (TPP) would hurt the rights of citizens in the 21st century. That proposal was leaked on the internet in February last year. For more details on the TPP, check out tppinfo.org.

One of the ways that the TPP fails to accommodate the needs of 21st century technology is by locking the US into its current rules for when online service providers should be liable for others’ infringement, in addition to subtly chipping away at the protections given to online service providers.

Locking In the Notice-and-Takedown Process

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This is the fourth post in our series on how a US proposal for a copyright chapter in the Trans-Pacific Partnership Agreement (TPP) would hurt the rights of citizens in the 21st century. That proposal was leaked on the internet in February last year. For more details on the TPP, check out tppinfo.org.

One of the ways that the TPP fails to accommodate the needs of 21st century technology is by locking the US into its current rules for when online service providers should be liable for others’ infringement, in addition to subtly chipping away at the protections given to online service providers.

Locking In the Notice-and-Takedown Process

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This is the fourth post in our series on how a US proposal for a copyright chapter in the Trans-Pacific Partnership Agreement (TPP) would hurt the rights of citizens in the 21st century. That proposal was leaked on the internet in February last year. For more details on the TPP, check out tppinfo.org.

One of the ways that the TPP fails to accommodate the needs of 21st century technology is by locking the US into its current rules for when online service providers should be liable for others’ infringement, in addition to subtly chipping away at the protections given to online service providers.

Locking In the Notice-and-Takedown Process

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Recap: TPP Stakeholder Events in Leesburg, VA

On Sunday, dozens of non-profits, companies, and members of the public gathered in Leesburg, VA, to speak out about the Trans-Pacific Partnership (TPP) during the ongoing 14th round of negotiations. Public Knowledge attended the events, stressing to the negotiators the importance of copyright limitations and exceptions, and explaining how the TPP can be fixed to encourage those exceptions.

Stakeholder Presentations: Logistically Challenged

Many logistical challenges clouded the stakeholder events, accentuating the already acute problems of public participation. As others have reported, the USTR initially tried to squeeze public stakeholder presentations to just 8 minutes each for the Leesburg round. After many groups protested, the USTR expanded the time limit to 10 minutes, which is the same amount that stakeholders were given during the July negotiations in San Diego.



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On Sunday, dozens of non-profits, companies, and members of the public gathered in Leesburg, VA, to speak out about the Trans-Pacific Partnership (TPP) during the ongoing 14th round of negotiations. Public Knowledge attended the events, stressing to the negotiators the importance of copyright limitations and exceptions, and explaining how the TPP can be fixed to encourage those exceptions.

Stakeholder Presentations: Logistically Challenged

Many logistical challenges clouded the stakeholder events, accentuating the already acute problems of public participation. As others have reported, the USTR initially tried to squeeze public stakeholder presentations to just 8 minutes each for the Leesburg round. After many groups protested, the USTR expanded the time limit to 10 minutes, which is the same amount that stakeholders were given during the July negotiations in San Diego.

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On Sunday, dozens of non-profits, companies, and members of the public gathered in Leesburg, VA, to speak out about the Trans-Pacific Partnership (TPP) during the ongoing 14th round of negotiations. Public Knowledge attended the events, stressing to the negotiators the importance of copyright limitations and exceptions, and explaining how the TPP can be fixed to encourage those exceptions.

Stakeholder Presentations: Logistically Challenged

Many logistical challenges clouded the stakeholder events, accentuating the already acute problems of public participation. As others have reported, the USTR initially tried to squeeze public stakeholder presentations to just 8 minutes each for the Leesburg round. After many groups protested, the USTR expanded the time limit to 10 minutes, which is the same amount that stakeholders were given during the July negotiations in San Diego.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

On Sunday, dozens of non-profits, companies, and members of the public gathered in Leesburg, VA, to speak out about the Trans-Pacific Partnership (TPP) during the ongoing 14th round of negotiations. Public Knowledge attended the events, stressing to the negotiators the importance of copyright limitations and exceptions, and explaining how the TPP can be fixed to encourage those exceptions.

Stakeholder Presentations: Logistically Challenged

Many logistical challenges clouded the stakeholder events, accentuating the already acute problems of public participation. As others have reported, the USTR initially tried to squeeze public stakeholder presentations to just 8 minutes each for the Leesburg round. After many groups protested, the USTR expanded the time limit to 10 minutes, which is the same amount that stakeholders were given during the July negotiations in San Diego.

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Failing to Understand the Needs of the 21st Century: The TPP and Temporary Copies

This is the third post in our our series on how a US proposal for a copyright chapter in the Trans Pacific Partnership Agreement (TPP) would hurt the rights of citizen’s in the 21st century. That proposal was leaked on the Internet in February last year. For more details on the TPP, check out tppinfo.org.

By reading this post, you have made copies of a copyrighted work. In fact, this is true of any copyrighted work you view on an electronic device. That copy is sitting in your computer or your phone's RAM, and likely also in a cache in its long-term storage. Streaming online video, even if you don't save it to your hard drive, still means that a copy of that video is made on your computer: bit by bit, the entire video is copied into a buffer before it gets played to you.



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This is the third post in our our series on how a US proposal for a copyright chapter in the Trans Pacific Partnership Agreement (TPP) would hurt the rights of citizen’s in the 21st century. That proposal was leaked on the Internet in February last year. For more details on the TPP, check out tppinfo.org.

By reading this post, you have made copies of a copyrighted work. In fact, this is true of any copyrighted work you view on an electronic device. That copy is sitting in your computer or your phone's RAM, and likely also in a cache in its long-term storage. Streaming online video, even if you don't save it to your hard drive, still means that a copy of that video is made on your computer: bit by bit, the entire video is copied into a buffer before it gets played to you.

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This is the third post in our our series on how a US proposal for a copyright chapter in the Trans Pacific Partnership Agreement (TPP) would hurt the rights of citizen’s in the 21st century. That proposal was leaked on the Internet in February last year. For more details on the TPP, check out tppinfo.org.

By reading this post, you have made copies of a copyrighted work. In fact, this is true of any copyrighted work you view on an electronic device. That copy is sitting in your computer or your phone's RAM, and likely also in a cache in its long-term storage. Streaming online video, even if you don't save it to your hard drive, still means that a copy of that video is made on your computer: bit by bit, the entire video is copied into a buffer before it gets played to you.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

This is the third post in our our series on how a US proposal for a copyright chapter in the Trans Pacific Partnership Agreement (TPP) would hurt the rights of citizen’s in the 21st century. That proposal was leaked on the Internet in February last year. For more details on the TPP, check out tppinfo.org.

By reading this post, you have made copies of a copyrighted work. In fact, this is true of any copyrighted work you view on an electronic device. That copy is sitting in your computer or your phone's RAM, and likely also in a cache in its long-term storage. Streaming online video, even if you don't save it to your hard drive, still means that a copy of that video is made on your computer: bit by bit, the entire video is copied into a buffer before it gets played to you.

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Public Knowledge TPP Documents

September 09, 2012

Below are analyses of the Trans-Pacific Partnership prepared by Public Knowledge.

Failing to Understand the Needs of the 21st Century: The TPP's Inflexible Approach to Internet Transmissions

For comprehensive information about the TPP, please visit tppinfo.org.

Many people use the Internet to better themselves. People use resources available online to teach themselves, or they take part in distance education. Traditional universities and web-native organizations alike are finding new ways to use the Internet for education. But the TPP could harm that, by making it difficult for online educators to transmit some kinds of materials online. For instance, under the TPP, a media studies class might not be able to make archived news footage available to its students over the Internet--even if doing so was a lawful use in a traditional classroom.



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For comprehensive information about the TPP, please visit tppinfo.org.

Many people use the Internet to better themselves. People use resources available online to teach themselves, or they take part in distance education. Traditional universities and web-native organizations alike are finding new ways to use the Internet for education. But the TPP could harm that, by making it difficult for online educators to transmit some kinds of materials online. For instance, under the TPP, a media studies class might not be able to make archived news footage available to its students over the Internet--even if doing so was a lawful use in a traditional classroom.

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For comprehensive information about the TPP, please visit tppinfo.org.

Many people use the Internet to better themselves. People use resources available online to teach themselves, or they take part in distance education. Traditional universities and web-native organizations alike are finding new ways to use the Internet for education. But the TPP could harm that, by making it difficult for online educators to transmit some kinds of materials online. For instance, under the TPP, a media studies class might not be able to make archived news footage available to its students over the Internet--even if doing so was a lawful use in a traditional classroom.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

For comprehensive information about the TPP, please visit tppinfo.org.

Many people use the Internet to better themselves. People use resources available online to teach themselves, or they take part in distance education. Traditional universities and web-native organizations alike are finding new ways to use the Internet for education. But the TPP could harm that, by making it difficult for online educators to transmit some kinds of materials online. For instance, under the TPP, a media studies class might not be able to make archived news footage available to its students over the Internet--even if doing so was a lawful use in a traditional classroom.

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Failing to understand the needs of the 21st century: The TPP’s flawed digital locks scheme

For comprehensive information about the TPP please visit tppinfo.org.

The 14th round of negotiations for the Transpacific Partnership Agreement (TPP) started today. The TPP is being touted as a “21st century" trade agreement, implying that the TPP’s provisions would reflect an understanding of the needs of 21st century citizens. With respect to copyright, this should mean that the agreement would reflect an understanding not only of the tools copyright owners need to protect their rights but also an understanding of the flexibilities that various users (like hobbyists, cultural institutions like libraries, archives and museums, and information and communication technology companies) would need to use digital material. Yet what we know of the TPP, at best, reflects little understanding of the needs of these communities.



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For comprehensive information about the TPP please visit tppinfo.org.

The 14th round of negotiations for the Transpacific Partnership Agreement (TPP) started today. The TPP is being touted as a “21st century" trade agreement, implying that the TPP’s provisions would reflect an understanding of the needs of 21st century citizens. With respect to copyright, this should mean that the agreement would reflect an understanding not only of the tools copyright owners need to protect their rights but also an understanding of the flexibilities that various users (like hobbyists, cultural institutions like libraries, archives and museums, and information and communication technology companies) would need to use digital material. Yet what we know of the TPP, at best, reflects little understanding of the needs of these communities.

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For comprehensive information about the TPP please visit tppinfo.org.

The 14th round of negotiations for the Transpacific Partnership Agreement (TPP) started today. The TPP is being touted as a “21st century" trade agreement, implying that the TPP’s provisions would reflect an understanding of the needs of 21st century citizens. With respect to copyright, this should mean that the agreement would reflect an understanding not only of the tools copyright owners need to protect their rights but also an understanding of the flexibilities that various users (like hobbyists, cultural institutions like libraries, archives and museums, and information and communication technology companies) would need to use digital material. Yet what we know of the TPP, at best, reflects little understanding of the needs of these communities.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

For comprehensive information about the TPP please visit tppinfo.org.

The 14th round of negotiations for the Transpacific Partnership Agreement (TPP) started today. The TPP is being touted as a “21st century" trade agreement, implying that the TPP’s provisions would reflect an understanding of the needs of 21st century citizens. With respect to copyright, this should mean that the agreement would reflect an understanding not only of the tools copyright owners need to protect their rights but also an understanding of the flexibilities that various users (like hobbyists, cultural institutions like libraries, archives and museums, and information and communication technology companies) would need to use digital material. Yet what we know of the TPP, at best, reflects little understanding of the needs of these communities.

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Intellectual Property in the TPP: How About a Little Balance?

This blog post was co-written by Peter Maybarduk, Public Citizen's Global Access to Medicines Program Director.


This past Friday (August 17), Douglas E. Schoen published an op-ed in Politico lobbying for “strong” intellectual property (IP) protection in the Trans-Pacific Partnership Agreement (TPP). The op-ed argued that such an approach would be a "straightforward" route to "job-creating innovation." The op-ed ignored serious costs that over aggressive IP protection can pose to the economy, including the stifling of innovation in consumer electronics products and high monopolist prices for consumer goods including critical medicines. Like others before and since, the study Schoen cites does not support inferences linking particular IP demands in the TPP to innovation or jobs.



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This blog post was co-written by Peter Maybarduk, Public Citizen's Global Access to Medicines Program Director.


This past Friday (August 17), Douglas E. Schoen published an op-ed in Politico lobbying for “strong” intellectual property (IP) protection in the Trans-Pacific Partnership Agreement (TPP). The op-ed argued that such an approach would be a "straightforward" route to "job-creating innovation." The op-ed ignored serious costs that over aggressive IP protection can pose to the economy, including the stifling of innovation in consumer electronics products and high monopolist prices for consumer goods including critical medicines. Like others before and since, the study Schoen cites does not support inferences linking particular IP demands in the TPP to innovation or jobs.

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This blog post was co-written by Peter Maybarduk, Public Citizen's Global Access to Medicines Program Director.


This past Friday (August 17), Douglas E. Schoen published an op-ed in Politico lobbying for “strong” intellectual property (IP) protection in the Trans-Pacific Partnership Agreement (TPP). The op-ed argued that such an approach would be a "straightforward" route to "job-creating innovation." The op-ed ignored serious costs that over aggressive IP protection can pose to the economy, including the stifling of innovation in consumer electronics products and high monopolist prices for consumer goods including critical medicines. Like others before and since, the study Schoen cites does not support inferences linking particular IP demands in the TPP to innovation or jobs.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

This blog post was co-written by Peter Maybarduk, Public Citizen's Global Access to Medicines Program Director.


This past Friday (August 17), Douglas E. Schoen published an op-ed in Politico lobbying for “strong” intellectual property (IP) protection in the Trans-Pacific Partnership Agreement (TPP). The op-ed argued that such an approach would be a "straightforward" route to "job-creating innovation." The op-ed ignored serious costs that over aggressive IP protection can pose to the economy, including the stifling of innovation in consumer electronics products and high monopolist prices for consumer goods including critical medicines. Like others before and since, the study Schoen cites does not support inferences linking particular IP demands in the TPP to innovation or jobs.

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/7093 [attributes] => Array ( [title] => Read the rest of Intellectual Property in the TPP: How About a Little Balance? . ) ) ) )