[Update: Sometimes it seems like our policy makers put political agendas and corporate interests ahead of the interests of their citizens - especially when technology is concerned. However, I feel that this perception is due to two things:
- We're not as loud as lobby groups. Lobbyists present politicians with legitimate problems that require solutions. The lobby groups sometimes help draft the proposed solutions (in the form of bills/acts/agreements). On the surface, many of these proposed solutions seem like good ideas but...
- Politicians aren't necessarily technical experts. The devil is in the details and the ramifications of new legislation aren't always obvious.
I began writing this post with two simple objections to ACTA - what ACTA is and my objections are explained in the post below. However, as I did more research, the more insidious the whole thing seemed. My country, Canada, has already signed ACTA. It now needs to pass legislation that makes it enforceable. There are two pieces of proposed legislation paving the way. While I read ACTA and large portions of the proposed bills, I relied too much on the internet to interpret them for me. Now that the post has gone up, I'm taking a step back and updating it in an attempt to differentiate between the fearful responses and the realities of the bill (as interpreted by me). Updates are surrounded in square brackets "[Update: the update.]“. and I have struck out parts that I feel are inaccurate. I still feel that ACTA and the proposed Canadian legislation are dangerous and I hope that this post is as informative for you to read as it was for me to write. These updates are ongoing, so be sure to check back in the days to come.]
The Anti-Counterfeiting Trade Agreement (ACTA) is a multi-national agreement for the purpose of establishing international standards for intellectual property rights enforcement. -Wikipedia
Before I discuss ACTA, I would like to take a moment to outline my stance on copyright.
Q: Is creating a counterfeit product stealing?
A: I believe it is.
Q: Is it stealing to duplicate and distribute a piece of commercial digital content without compensating the creator?
A: If fair use does not apply then, yes, I believe it is stealing.
Q: Does piracy hurt content creators?
A: I believe it does.
Q: Should rights-holders be able to protect the intellectual property upon which their livelihoods depend?
A: I believe they do.
Q: If you believe all of the above, what’s the problem with ACTA?
A: That is what I will attempt to address below.
