Commission sides with business on ACTA

What I find unfortunate is that the European Commission seems to confuse what the legislative and the judicative branches of government are supposed to do. The European Parliament has to make a political decision, which is independent of whether ACTA is compatible with European law or not. When Commissioner De Gucht states that "Most of the criticism against ACTA expressed by people across Europe focused on the potential harm it could have on our fundamental rights. So, a referral will allow for Europe’s top court to independently clarify the legality of this agreement", he is, probably in bad intend, misstating the concerns that have been voiced regarding ACTA.

The current version of ACTA is probably not going to make current laws stricter, and is probably not incompatible with our current legal system. These are not the reasons I am against it. I am against ACTA because

- it will make a badly needed copyright reform, or even a conversation about it, impossible, and cement current copyright legislation, even though it does not seem to be working in restraining unauthorized filesharing.
- it confuses copyright infringement and product privacy, which are two different things, and should be tackled differently politically and legally.
- it will make it easier to push further measures such as Three Strikes through the legislative process in the future.
- it encourages private agreements between ISPs and the copyright industry instead of calling for the rule of law to legislate this important field (which does concern freedom of expression, look at the Megaupload song on Youtube and the not warranted take-down process).
- it will make the trade with generic medicine, which often utilices European ports, harder.
- it is formulated in vague legal terms, which brings uncertainty about what it forces the signatory states to do.

I think that these are plenty of things that need to be decided legislatively, not executively (by the commission) or judicatively (by the ECJ), and where an opinion by the ECJ will not help the MEPs to come to a conclusion.

With kind regards

Justus Römeth
member of Pirate Party Germany

"doubts being used by those who continue to benefit from theft and piracy on-line to the detriment of the livelihood of the composers, authors and rightsholders we represent."

As opposed to your whiter-than-white intentions eh, Ger Hatton, Director General of the Internaional Confederation of Music Publishers? Youve already lied here in these comments by equating piracy with theft, when you know full well it is not the criminal act of theft in law or in fact.

Im not a Director General of some fiscally self-interested organisation, but I am a Citizen of Europe and of the Internet (which I consider to be more pertinent here),and I know as well as you do that ACTA is a travesty for freedoms on the net, and for our cultural commons in general. It will chill free speech and chill innovation in the brand new and explosively expanding area of the world economy. The difference is for you and your kind, this will be profitable to see through to the law books but for me and all citizens of Europe, this will reduce the civic liberties to communicate and share culture I have enjoyed thus far on the internet and which my children may never know if you get your way. There are plenty of people out there determined to see to it that that doesnt happen Mr. Hatton, including the various Pirate Parties or which we even have sitting MEPs and in national legislatures. Our 'men on the inside' if you will. Or as I prefer to call it, the simple will of the PEOPLE, not lobbyists!

ACTA will be rightly voted down in the summer, and you will have to go back to the drawing board and scheme some more. We will be ready for you. The people have spoken loud and clear via Pirate Party, protest and vote, and they have said NO.

A final suggestion Mr. Hatton, change your business model before its too late. Right now you are trying to sell horse whips in 1920. You are trying to sell gas lighting after Edison. You are trying to flog scythes after the advent of mechanised agriculture. You are failing. Your business model is shot, but there IS money for you to be made out here in the Internet if only you would try. Look at Google. Look at the hated 'cyberlockers'. Pick any one of your many sworn enemies, and look on them not with hatred but with curiosity! Copy them by all means! COMPETE!

Your old industry of selling overpriced plastic circles is facing ruin, largely of your own stubborn making. Give up your old ways, embrace the new, and a new world awaits you.

We demand it.

Alex
Internet User
Citizen of Europe

Sir,

the title of your article is misleading (biased ?) .The Commission does not "side with business" (against the EP ?) .

The Commission just wants the ECJ to clear up that vexating question of mutually exclusing human rights : information versus property . It is now up to EP to decide if it wants to wait for a safe legal ground or go ahead with a decision that might later be challenged and eventually censured.

Jean-Guy GIRAUD