Library Data
download a song without paying for it, while strictly speaking illegal, is not a criminal offence. There is no possibility of punitive action unless the activity was carried out at a commercial scale. ACTA will not criminalise anything that is not already a crime.’ And these comments might shed some light on why the anti-ACTA protests are so fierce. Many of the discussions only loosely relate to the actual text of the ACTA treaty. Instead it is in some cases the underlying notions of intellectual property and copyright that are being challenged.
‘Clearly there have been anti-copyright forces at work which have muddied the water leading to many examples of mis-information and scaremongering, particularly with regard to the impact of the treaty on freedom of expression. Some of the accusations have, quite frankly, been offensive. ACTA won’t lead to monitoring private conversations online or censoring free speech. It does not create any new levels of protection of copyright and certainly does not limit free speech,’ argued Wade of the EPC. The text of the treaty states that the
‘Europe’s highest court will assess whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms’ Karel De Gucht
procedures for tackling infringement of rights over digital networks, ‘shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that
Party’s law, preserves fundamental
principles such as freedom of expression, fair process, and privacy.’ The deliberations of the European Court of Justice could take up to two years. Protesters against the treaty want its implications to be fully assessed, while its supporters – including politicians in the countries that have already signed it – are keen to assure the public that ACTA will not cause the problems they fear. ‘I hope that this process will lead to greater
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understanding of the positive effects the trade agreement will have on the EU, its economy and its citizens through a discussion based on fact not hype,’ noted Wade of the EPC. Meanwhile protests continue. According to online campaign group Avaaz, ‘The EC is asking their Court of Justice to give the treaty the green light and renew its momentum – but they plan to manipulate the process by giving the court only a narrow, uncontroversial question to consider, hoping it will lead to a positive outcome.’ So what is the question being asked of the court? According to Commissioner De Gucht in a statement about the court process on 22 February: ‘We are planning to ask Europe’s highest court to assess whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in [the] case of intellectual property.’ Whether this question is narrow or not,
when the courts begin to discuss ACTA, a surprisingly large number of eyes around the world will be following the deliberations.
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