Friday, April 6, 2012

#ACTA Update X11

by Glynn Moody

As I reported in my last post, the European Parliament's INTA committee recommended that ACTA be voted on in the European Parliament. And the good news continues with the release of the draft report of the Industry, Research and Energy committee (ITRE), which is short but rather sweet [.pdf].

It makes four absolutely spot-on and withering comments on ACTA.

Notes that counterfeiting, copyright and trademark infringements are covered by ACTA thus creating a one-size-fits-all instrument of enforcement which doesn't meet the unique needs of each sector; is concerned by the lack of definition of key terminologies on which the ACTA enforcement mechanisms are based; fears that this creates legal uncertainty for European companies and in particular SMEs, technology users, online platform and internet service providers;

This is a point that I have made many times here on Computerworld UK. ACTA began as a treaty against conventional, analogue counterfeits, but had digital infringement shoe-horned into it. The result is an incompatible, inappropriate mess. If the European Union wants to tackle counterfeiting and digital infringement, it should do so with a separate treaties that are specifically designed to deal with each area and its particular characteristics. Trying to come up with a portmanteau treaty simply guarantees that we get the worst of both more