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At 15:49 22/06/2010, Eric Dierker wrote:<br>
<blockquote type=cite class=cite cite="">When, lo so many years ago, I
signed on to be an attorney, these types of problems were a major
reason. I just wrongfully assumed that fighting these travesties
was what it was all about. My lessons were strong and brutal. The
"bar" involved in this type of overbearing draconian movements
such as ACTA have the power to ostracize and destroy those in the
"profession" that would rally and fight against such
bastardization of centuries of jurisprudence. So I signed off of being an
"attorney". Damned if I want any part of a profession that can
proudly take away so many rights from the underrepresented
people.</blockquote><br>
Eric,<br><br>
this is a very interesting mail of yours. There are professions like
attorneys, engineers, politicians, militaries, sales, managers, etc. that
can laminate people in being jointly idiotic, I mean making a
specialization of being idiot in group. However, if signing and
participating to objections and standing against their crap is ethical,
it is not efficient for the oppressed people.<br><br>
I think that what is efficient is in being an intelligent attorney,
engineer, military, sales, manager, etc. i.e. someone who can
really help people outsmating the idiotically
dominating cast in tying reality together. I mean getting real is
not enough: one as to get real innovation in tying facilitation,
simplicity, innovation, etc. together and give it to people.
Exemples:<br>
- adapted forms of governance (as I suggested the other day),
<br>
- adapted technologies now we "broke" the tyrannic "end to
end"ness of the network architecture, while respecting and
protecting its end to end layer necessity down to the smalled iota.<br>
- naming projects: why as not the civil society not yet set up a
".top" project to provide a free domain name to people round
the world?<br><br>
There is a decentralised idiotic culture that has inflitrated our
civilizations and enslaves us, the people. WSIS said that we, the people,
are the centers of the Information Society. We need an intelligent (at
least in the way a distributed network is "inte-ligent"
interlinking) culture to develop and disseminate in every sphere of
Internet usage. If the civil society wants to be any use, it is in giving
people round the world the education (and motivation) on how to empower
themselves and engage in their own Internet governance best practice.
<br><br>
Signing objections is OK, but publishing a best practice RFC to
technically explain the ACTA system and how for us to keep it
networkneutral would probably have a more influent and direct impact
(whatever a netneutral ACTA may mean: up to us to provide the thinking,
business wants to dry)<br><br>
jfc<br><br>
<br>
<blockquote type=cite class=cite cite="">Signing and participation in
these objections and stands against this crap is vital. It allows
lawmakers to adopt laws countering such malfeasance and it gives the
young and spirited advocates that rage against bar associations some
leverage and most importantly some encouragement. We as concerned global
netizens must stand united and resolute in order to counterbalance
wrongful detractions from self evident and confirmed human rights of
speech and freedom from financial legal oppression.<br>
<br>
Eric<br><br>
--- On <b>Sun, 6/20/10, SAMUELS,Carlton A
<i><carlton.samuels@uwimona.edu.jm></i></b> wrote:<br>
<dl><br>
<dd>From: SAMUELS,Carlton A <carlton.samuels@uwimona.edu.jm><br>
<dd>Subject: RE: [governance] Call for Support of International Civil
Society<br>
<dd>To: "governance@lists.cpsr.org"
<governance@lists.cpsr.org>, "Robin Gross"
<robin@ipjustice.org><br>
<dd>Date: Sunday, June 20, 2010, 1:14 PM<br><br>
<dd>Dear Robin:<br><br>
<dd>Thanks for this. Knowing that this and related matters
are concerns in these groups, I have onward circulation to the Library
Association of Jamaica (LIAJA) and the ICT4D Jamaica
Group.<br><br>
<dd> <br><br>
<dd>Carlton Samuels<br><br>
<dd> <br><br>
<dd>From:</b> Robin Gross
[<a href="mailto:robin@ipjustice.org" eudora="autourl">
mailto:robin@ipjustice.org</a>] <br>
<dd>Sent:</b> Saturday, June 19, 2010 5:21 PM<br>
<dd>To:</b> governance@lists.cpsr.org<br>
<dd>Subject:</b> [governance] Call for Support of International Civil
Society Declaration Against ACTA (Anti-Counterfeiting Trade
Agreement)<br><br>
<dd> <br><br>
<dd>Dear Friends,<br><br>
<dd> <br><br>
<dd>As you are probably aware, the Anti-Counterfeiting Trade Agreement
(<a href="http://www.wcl.american.edu/pijip/go/acta04212010">ACTA</a>) is
a dangerous proposal to radically expand intellectual property rights at
the global level. The draft agreement has been negotiated in
secret, without inclusion of developing nation perspectives, and without
any participation from civil society or regard for the global public
interest. ACTA specifically targets the Internet and regulates the
flow of information in a digital environment. ACTA would create
significant negative consequences for fundamental freedoms, access to
medicines, innovation, the balance of public/private interests, access to
knowledge and culture, to name a few of its problems. ACTA
represents a "wish list" from Hollywood and Big Pharma which
will be imposed unilaterally on developing countries through trade
pressure from the US, Europe and other wealthy states.<br><br>
<dd> <br><br>
<dd>Please consider signing on to the below (draft)
<a href="http://wcl.american.edu/pijip/go/acta-communique">International
Civil Society Declaration</a>, which was the result of a
<a href="http://www.wcl.american.edu/pijip/go/blog-post/meeting-to-bring-together-academics-and-advocates-to-discuss-public-interest-impacts-of-controversial-intellectual-property-treaty">
meeting in Washington, DC</a> this week of over 90 academics from 5
continents, public interest organizations and other legal experts
concerned with the public interest aspects of ACTA. The meeting of
international experts was hosted by American University Washington
College of Law Program on Information Justice and Intellectual Property
(<a href="http://www.wcl.american.edu/pijip/">PIJIP</a>).<br><br>
<dd> <br><br>
<dd>Both organizations and individuals are welcome to sign-on to the
statement until 23 June 9am</i> (US East Coast time) by email to <
<a href="/mc/compose?to=acta.declaration@gmail.htm">
acta.declaration@gmail.com</a></b> >. <br><br>
<dd> <br><br>
<dd>Further details for sign-on and proposing edits to the draft
declaration are below. Please take a moment and read the
declaration and consider signing-on and adding your support to raise
awareness on ACTA. And also please help to spread the word and
gather additional civil society support from your own networks and
contacts by forwarding this email on to others or reference to the
website:
<a href="http://www.wcl.american.edu/pijip/go/blog-post/urgent-acta-communique">
http://www.wcl.american.edu/pijip/go/blog-post/urgent-acta-communique</a>
for details.<br><br>
<dd> <br><br>
<dd>The next closed-door ACTA negotiations are scheduled for 28 June - 2
July 2010 in Lucerne, Switzerland, and the US promises a final agreement
will be concluded shortly thereafter. Time is of the essence to act
on ACTA.<br><br>
<dd> <br><br>
<dd>Thank you for any support and assistance you can provide to raise
awareness on the public interest concerns with ACTA. It is only
through global grass-roots efforts and small individual actions made by
many people that we can fight to overcome this flawed treaty.<br><br>
<dd> <br><br>
<dd>All best,<br><br>
<dd>Robin Gross<br><br>
<dd> <br><br>
<dd>Begin forwarded message:<br><br>
<br><br>
<dd>From: </b>"Sean Flynn"
<<a href="/mc/compose?to=sflynn@wcl.american.htm">
sflynn@wcl.american.edu</a>><br><br>
<dd>Date: </b>June 19, 2010 10:30:38 AM PDT<br><br>
<dd>To: </b>"Robin Gross"
<<a href="/mc/compose?to=robin@ipjustice.htm">robin@ipjustice.org</a>
><br><br>
<dd>Subject: acta communique<br>
</b><br>
<dd>The DRAFT statement below reflects the conclusions reached at a
meeting of over 90 academics, practitioners and public interest
organizations from five continents gathered at American University
Washington College of Law, June 16-18, 2010. The statement is now open to
endorsements.<br><br>
<dd><h3><b>The latest version of the draft communiqué is now posted to a
public blog post at:</b></h3><br><br>
<dd><a href="http://wcl.american.edu/pijip/go/acta-communique">
http://wcl.american.edu/pijip/go/acta-communique</a><br><br>
<dd> <br><br>
<dd>Please share the draft with others, circulate on your blogs,
etc.<br><br>
<dd> <br><br>
<dd>THIS DRAFT STATEMENT IS NOW OPEN FOR INDIVIDUAL AND ORGANIZATIONAL
ENDORSEMENTS AS WELL AS EDITING COMMENTS.<br><br>
<dd>
•
Please send signatures to:
<a href="/mc/compose?to=acta.declaration@gmail.htm">
acta.declaration@gmail.com</a><br><br>
<dd>
•
Please send edits to:
<a href="/mc/compose?to=pijip@wcl.american.htm">pijip@wcl.american.edu</a>
<br><br>
<dd> <br><br>
<dd>EDITING SUGGESTIONS<br>
</u><br>
<dd>WILL BE ACCEPTED UNTIL NOON MONDAY JUNE 21. THE FINAL TEXT WITH EDITS
INCLUDED WILL BE RELEASED BY 5PM MONDAY JUNE 21. <br><br>
<dd> <br><br>
<dd>THE FINAL STATEMENT WILL BE RELEASED TO THE PUBLIC WITH ENDORSEMENTS
ON WEDNESDAY JUNE 23 AT 10AM. ENDORSEMENTS WILL BE ACCEPTED UNTIL JUNE 23
AT 9AM. <br><br>
<dd> <br><br>
<dd>ENDORSEMENTS:<br>
</u><br>
<dd>WE WILL ACCEPT PROVISIONAL ENDORSEMENTS NOW. ENDORSERS WILL BE GIVEN
THE OPTION TO OPT-OUT WHEN THE FINAL TEXT IS CIRCULATED BY 5PM MONDAY
JUNE 21.<br><br>
<dd> <br><br>
<dd>FOR INDIVIDUAL ENDORSEMENTS,</u> SEND YOUR NAME, TITLE AND
ORGANIZATION AND PLACE (CITY, COUNTRY) OF OCCUPATION to
<a href="/mc/compose?to=acta.declaration@gmail.htm">
acta.declaration@gmail.com</a><br><br>
<dd> <br><br>
<dd>FOR ORGANIZATIONAL ENDORSEMENTS</u>, ENTER THE NAME OF THE
ORGANIZATION AND PLACE(S) (CITY(IES), COUNTRY(IES)) IN WHICH THE
ORGANIZATION HAS OFFICES to
<a href="/mc/compose?to=acta.declaration@gmail.htm">
acta.declaration@gmail.com</a>.<br><br>
<dd> <br><br>
<dd>INDIVIDUALS WITHIN SIGNATORY ORGANIZATIONS MAY ENDORSE AS INDIVIDUALS
AS WELL AS BEING PART OF THE ORGANIZATIONAL ENDORSEMENT.<br><br>
<dd> <br><br>
<dd>PLEASE CIRCULATE WIDELY.<br><br>
<dd> <br><br>
<dd> <br><br>
<dd><h3><b>DRAFT Urgent Communique: Consultation of International Experts
on ACTA and the Public Interest</b></h3><br>
<br>
<dd>Release Date: June 23, 2010<br><br>
<dd>American University Washington College of Law<br><br>
<dd>Washington, D.C.<br><br>
<dd><a href="http://wcl.american.edu/pijip/go/acta-communique">
http://wcl.american.edu/pijip/go/acta-communique</a><br><br>
<dd><h4><b><a name="TOC-International-Experts-Find-that-Pen"></a>
International Experts Find that Pending Anti-Counterfeiting Trade
Agreement Threatens Public Interests
</b></h4><a name="TOC-International-Experts-Find-that-Pen"></a><br>
<br>
<dd>We find that the terms of the agreement threaten numerous public
interests, including nearly every concern specifically disclaimed by the
negotiators in their announcement.<br><br>
<dd>The proposed agreement is a deeply flawed product of a deeply flawed
process. <br><br>
<dd>What started as a proposal to coordinate customs enforcement offices
has morphed into a massive new international intellectual property (IP)
and internet regulation with grave consequences for the global economy
and governments' ability to promote and protect public interests.
<br><br>
<dd>Any agreement of this scope and consequence must be based on a broad
and consultative process and reflect a full range of public interest
concerns. As detailed below, this text fails to meet these
standards.<br><br>
<dd>Recognizing that the terms of the agreement are under negotiation, a
fair reading of the proposed text as a whole leads to our conclusions
that ACTA:<br><br>
<dd>THE INTERNET<br>
<dd>-Encourages internet service providers to police users of the
internet without adequate court oversight or due process;<br><br>
<dd>-Globalizes 'anti-circumvention' provisions which threaten
innovation, competition, open source business models, interoperability,
copyright exceptions, and user choice; <br><br>
<dd>FREE TRADE AND ACCESS TO MEDICINES<br>
<dd>-Disrupts the free trade in legitimate generic medicines and other
goods, and sacrifices the foundational principle that IP rights are
territorial, by requiring customs authorities to seize goods in transit
countries even when they do not violate any law of the producing and
importing countries;<br><br>
<dd>-Does little or nothing to address the problem of medicines with
insufficient or wrong ingredients as the majority of these are not IP but
regulatory system problems.<br><br>
<dd>-Extends the powers of custom officials to search and seize a wide
range of goods, including computers and other electronic devices, without
adequate safeguards against unwarranted confiscations and privacy
invasions;<br><br>
<dd>-Extends 'ex officio' border search and seizures from willful,
commercial scale trademark counterfeiting to a broad range of
intellectual property infringements, including “confusingly similar”
trademark violations, copyright infringement standards that require
interpretation of "fair use" or similar user rights, and even
to patent cases which frequently involve complex questions of law and
fact that are difficult to adjudicate even by specialist courts after
full adjudicative processes;<br><br>
<dd>FUNDAMENTAL RIGHTS AND FREEDOMS<br>
<dd>-Will curtail full enjoyment of fundamental rights and liberties,
including rights to privacy and the protection of personal data, health,
access to information, free expression, due process and presumptions of
innocence, cultural participation, and other internationally protected
human rights; <br><br>
<dd>SCOPE AND NATURE OF IP LAW<br>
<dd>Distorts the balance fundamental to IP law between the rights and
interests of proprietors and users, including by
<dd>introducing very specific rights and remedies for rights holders
without correlative requirements to provide exceptions, limitations, and
due process safeguards for users;
<dd>shifting enforcement from private civil mechanisms to public
authorities and third parties, including to customs officials, criminal
prosecutors and internet service providers -- in ways that are likely to
be more sensitive to proprietary concerns and less sensitive to user
concerns;
<dd>omitting liability and disincentives for abuses of enforcement
processes by right holders; and
<dd>requiring the adoption of automatic damages assessments unrelated to
any proven harm; <br>
<dd>-Alters the traditional and constitutionally mandated law making
processes for IP by:
<dd>locking in and exporting controversial aspects of US and EU
enforcement practices whcih have already proven problematic, foreclosing
future legislative improvements in response to changes in technology or
policy;
<dd>requiring substantive changes to intellectual property laws of a
large number of negotiating countries. <br>
<dd>INTERNATIONAL TRADE AND DEVELOPMENT<br>
<dd>-Will disproportionately harm development and social welfare of the
poor, particularly in developing countries, including through raising
unjustifiable trade barriers to imports and exports of needed medicines
and other knowledge embedded goods;<br><br>
<dd>-Contains provisions inconsistent with the WTO Agreement on Trade
Related Aspects of Intellectual Property Rights (TRIPS Agreement);
<br><br>
<dd>-Conflicts with the World Trade Organization Doha Declaration on
TRIPS and Public Health and World Health Assembly Resolution 61.21 by
limiting the ability of countries to exercise to the full flexibilities
in the TRIPS agreement that can promote access to needed
medicines; <br><br>
<dd>-Circumvents and undermines the commitments agreed to under the World
Intellectual Property Organization development agenda, particularly
recommendation 45 committing to “approach intellectual property
enforcement in the context of broader societal interests and especially
development-oriented concerns," and "in accordance with Article
7 of the TRIPS Agreement"; <br><br>
<dd>INSTITUTIONAL ISSUES<br>
<dd>-Creates a new and redundant international administration for IP
issues outside of WIPO or the WTO with broad powers but limited
transparency, threatening multilateralism in international IP norm
setting;<br><br>
<dd>-Encourages technical assistance, public awareness campaigns, and
partnerships with the private sector that appear designed to promote only
the interests of IP owners; <br><br>
<dd>CONCLUSIONS ABOUT THE DEMOCRATIC PROCESS<br><br>
<dd>The current process for considering public input into ACTA is
fundamentally flawed in numerous respects. In many countries, the only
consultations taking place are with select members of the public,
off-the-record and without benefit of sharing the latest version of the
rapidly changing text. There is little possibility that a fair and
balanced agreement that protects and promotes public interests can evolve
from such a distorted policy making process.<br><br>
<dd>Governments, right holders and civil society should have an open and
evidence-based discussion on the right strategy to confront willful
commercial scale trademark counterfeiting and commercial scale copyright
piracy. This discussion should take place in multilateral and national
open and on-the-record forums with access to current negotiating text so
that all interested stakeholders can participate.<br><br>
<dd>ENDORSEMENTS
<dd>Please send signatures (individual or Organization, City, Country)
to:
<a href="/mc/compose?to=acta.declaration@gmail.htm">
acta.declaration@gmail.com</a>
<dd>Please send edits to:
<a href="/mc/compose?to=pijip@wcl.american.htm">pijip@wcl.american.edu</a>
<br>
<dd> <br><br>
<dd> <br><br>
<dd>Sean Flynn<br><br>
<dd>Associate Director<br><br>
<dd>Program on Information Justice and Intellectual Property<br><br>
<dd>American University Washington College of Law<br><br>
<dd>202 274 4157<br><br>
<dd><a href="http://www.pijip.org/" eudora="autourl">www.pijip.org</a><br>
<br>
<dd> <br><br>
<dd> <br><br>
<dd> <br><br>
<dd> <br><br>
<dd>IP JUSTICE<br><br>
<dd>Robin Gross, Executive Director<br><br>
<dd>1192 Haight Street, San Francisco, CA 94117 USA<br><br>
<dd>p: +1-415-553-6261 f: +1-415-462-6451<br><br>
<dd>w:
<a href="http://www.ipjustice.org">http://www.ipjustice.org</a>
e:
<a href="/mc/compose?to=robin@ipjustice.htm">robin@ipjustice.org</a><br>
<br>
<dd> <br><br>
<br><br>
<dd> <br><br>
<dd>-----Inline Attachment Follows-----<br><br>
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