Monday, October 20, 2003

Yet another crisis

Seems the media conglomerates' lobbyist-termites that infest our political system are active on yet another front in their ongoing war against fair use, public domain, and other traditional characteristics of enlightened intellectual property law.

As reported by IP Justice, the proposed "Free Trade Agreement of the Americas" would substantially modify intellectual-property laws in most Western-hemisphere countries. Among the mandatory changes to those nations' domestic laws which are incorporated in the draft intellectual property chapter of the treaty are the following:

* Mandatory adoption of the U.S.'s terms of copyright protection (life-plus-70 years, or 95 years for corporate media -- Part II, Section 3, Article 10)
* Mandatory adoption of prison-term penalties for "copyright piracy" (Part III, Article 4.1)
* Mandatory adoption of DMCA-type prohibitions against analysis or discussion of electronic security features (Part II, Section 3, Article 21)

There's also a reference to inserting the language of something called "Articles x to xx of Treaty for the Protection of Non-Copyrightable Elements of Databases - placeholder;]", which sounds like it was probably written by the same lobbyists who are pushing for HR 3261 to be rushed through the US Congress so that your local telephone company can copyright your telephone number and encyclopedia compilers can sue your local library for letting you look things up without paying them for a personal subscription .

I haven't read the whole thing yet, and probably won't, but I've spot-checked enough items from the IP Justice analysis to be confident that they're right to regard it as a threat to effective intellectual freedom. At best, it's a bullying attempt to impose Hollywood's demand for perpetual monopoly protection on an entire hemisphere without ever consulting the people upon whom it's being foisted. In the case of the "database protection" element, this may be the people of the United States itself, a fallback ploy in case people find out about HR 3261 and persuade their sometime representatives to consign it to a well-deserved place in legislative Gehenna.

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