Items tagged "Enforcement"

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What’s Going on with the Copyright Alert System?

August 7, 2012 DMCA , Enforcement , Fair Use , Three Strikes

As I wrote in April, I joined the Advisory Board of the Center for Copyright Information to serve as consumers’ eyes and ears as an agreement between the major Internet service providers and copyright holders is implemented.   The agreement requires ISPs to send up to six “alerts” to alleged peer-to-peer infringers, with the last two alerts resulting in so-called “mitigation measures” and an opportunity for the user to appeal.  

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PIPA and SOPA by Dribs and Drabs

July 20, 2012 Enforcement , Protect IP Act , SOPA

The IP Attaché Act now has company in the dubious club of former bits of SOPA/PIPA being floated in Congress. This week, Senator Debbie Stabenow (D-MI) offered and then withdrew an amendment to add another raft of copyright enforcement proposals to a trade bill.

The amendment she offered was essentially a version of her “Protect American Innovation Act,” introduced last November. It contains a lot of the same provisions we keep seeing in one form or another in various bills that continually try and insert new bits of the content lobby’s agenda into U.S. law.

In particular, it seeds more IP enforcement officials throughout the government (including creating a new Director of IP Rights Enforcement at the Treasury Department).

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When It Comes to IP Enforcement Bills, It’s the Little Things That Count

July 13, 2012 Enforcement , Piracy , SOPA , USPTO

The recently maligned IP Attaché Act is just one in a long line of IP bills that include seemingly innocuous provisions that could later prove to be harmful to innovation and the free flow of information.  In February I gave a talk at the University of Colorado that showed how over a decade, supporters of increasing copyright protection dropped little-known and little-understood language in IP bills that eventually became the basis for SOPA and PIPA, as well as the Department of Homeland Security’s program for seizing domain names. 

According to a former US Patent and Trademark Office (USPTO) official I spoke with, the content industries and their friends have been pushing the changes this bill would make for years.  That alone tells you something.

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TPP and a Very Basic Point About Transparency

May 14, 2012 ACTA , Enforcement , Forum Shopping , International , Transparency

If you’ve been following this space, you’ve likely seen that Public Knowledge was on the ground in Dallas this past weekend, covering the latest round of negotiations on the Trans-Pacific Partnership Agreement, or TPP. Among the various problems with the agreement itself (possible increases to already-draconian copyright penalties internationally, increased emphasis on protecting DRM, a lack of inclusion of well-established limitations and exceptions like library uses and fair use), there’s the fact that the agreement itself remains a closely guarded secret. The public is apparently not allowed to see even the opening positions their governments are making in negotiations.

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TPP Deep Dive: The TPP’s Myopic Focus on Enforcement Will Cause Collateral Damage

May 13, 2012 Enforcement , TPP

This is the third in the series of our deep dive blog posts talking about concerns with specific aspects of the TPP. In this one, I will talk about the copyright enforcement provisions of the TPP and why they are not in the best interests of Americans or citizens of the other TPP countries.

Like most of our other our substantive analyses, this one is based on the US proposed draft text that leaked in February last year.

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Next Round of Trans-Pacific Partnership Negotiations Begins Tomorrow

May 7, 2012 Enforcement , International , TPP , Transparency , USTR

Tomorrow the 12th round of negotiations for the Trans-Pacific Partnership (TPP) will begin, but the negotiating countries are still keeping the public in the dark while they strike a deal that may drastically increase copyright protection and enforcement.

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The 2012 Special 301 Report Continues to do the Bidding of the Content Industry

May 1, 2012 ACTA , Enforcement , International , Special 301

The “Special 301 Report” is an annual report compiled by the Office of the United States Trade Representative (USTR), supposedly identifying countries that do not provide adequate and effective protection to the intellectual property rights of US persons.

In practice, Special 301 has turned into an arm-twisting exercise forcing countries to pass laws and adopt practices favored by large copyright and patent holders and often not in the public interest.

The office of the USTR published its 2012 Special 301 Report today. We are still analyzing the report, but here are our first impressions:

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It’s Time for a United States Office of Innovation

April 18, 2012 Enforcement , Government 2.0 , Piracy

The United States needs someone in government whose sole job is to propose policies that advance the freedom to create and innovate, including freedom from draconian intermediary liability and poor quality patents.

This need became crystal clear last week, when I went to my third or fourth Obama Administration gathering to celebrate the importance of strong intellectual property protection to the United States.

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Is ACTA Binding? Depends on Where You Ask

March 8, 2012 ACTA , Enforcement , Forum Shopping , International , Transparency

There’s been a fair bit of coverage about this letter sent from the State Department in response to Senator Ron Wyden’s questions about how much the Anti Counterfeiting Trade Agreement (“ACTA”) binds the U.S. It’s a current question because among the many questions swirling around ACTA, one is whether it “binds” the United States to its terms. The answer from the State Department is “yes”—but that may not actually mean what it appears to at first, and the reason for that has to do with why I’ve placed the word “binds” in scare quotes above.

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Public Knowledge Unveils Internet Blueprint Project

February 28, 2012 ACTA , DMCA , Enforcement , Internet Blueprint , Press Release

Today Public Knowledge launched the Internet Blueprint, an ambitious project to develop bills that will help make the internet a better place for everyone. The site consists of six new bills Congress could pass today, as well as a way for the public to submit and vote on their own ideas.

“There are lots of people with great ideas about what rights and protections Internet users should have.  Public Knowledge is taking the next step by putting those ideas into a form that Congress and other policymakers can consider,” said Michael Weinberg, the PK senior staff attorney who is coordinating the project.

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