EU Commissioner Reveals He Will Simply Ignore Any Rejection Of ACTA By European Parliament Next Week

from the democracy,-what's-that? dept

The day before the EU's International Trade committee (INTA) recommended that the European Parliament should reject ACTA, the EU commissioner with responsibility for the treaty, Karel De Gucht, had given a speech to its members, trying to win them over. Although it was short, it turns out to be highly revealing about the European Commission's future ACTA strategy. Here's what he said:

If you decide for a negative vote before the European Court rules, let me tell you that the Commission will nonetheless continue to pursue the current procedure before the Court, as we are entitled to do. A negative vote will not stop the proceedings before the Court of Justice.
That is, whatever happens next week, the European Commission will wait for the European Court of Justice (ECJ) to rule on whether ACTA is compatible with EU law. If it is found to be incompatible, De Gucht admits that rather than accept this ruling, the European Commission will try to find some trick to circumvent it:
If the Court questions the conformity of the agreement with the Treaties we will assess at that stage how this can be addressed.
This implicitly confirms that the referral was simply a way to buy time, rather than an honest question about ACTA's legality.

Even assuming the ECJ rules eventually that ACTA is compatible, there could still be a problem if, in the meantime, the European Parliament has voted not to ratify it. Here's what De Gucht says he would do in that case:

First, I would consider proposing some clarifications to ACTA. For example on enforcement in the digital environment. We could look at this in the light of the discussions you will have had on legislative proposals which the European Commission is set to put before the Parliament and the Council. Or for example, we could seek to clarify further the meaning of 'commercial scale'.
Remember that ACTA is now signed, and cannot be altered; so De Gucht is instead trying to fob off European politicians with this vague idea of "clarifications" -- as if more vagueness could somehow rectify the underlying problems of an already dangerously-vague treaty. That's clearly just a sop; here's the real plan:
Second, once we will have identified and discussed these possible clarifications, I would intend to make a second request for consent to the European Parliament. Whether the Parliament will consider it under this legislature or the subsequent one, will be for you to decide.
This is an extraordinary admission. De Gucht says that even if the European Parliament unequivocally refuses to ratify ACTA next week, he will simply ignore that result, and re-submit it at a later date.

In other words, De Gucht won't accept the idea that the European electorate, through their representatives in the European Parliament, might possibly want to reject something they were not allowed to know about until late in the negotiating process, and to which they were unable to provide any meaningful input. In his view, ACTA must be passed, and ACTA will be passed -- whatever anyone else thinks about it.

Let's hope that the members of the European Parliament bear in mind this undisguised contempt for the democratic process in Europe -- and for them -- when it comes to voting on ACTA next week, and any time thereafter it might be re-presented to them under De Gucht's shameful plans.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: acta, ecj, european commission, european union, karel de gucht


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    sehlat (profile), 25 Jun 2012 @ 8:37pm

    The Movie and Recording Industries Have Spoken!

    "If we can't BUY the law, we'll IGNORE the law."

    By which, of course, they also intend that as a privilege reserved for their noble selves. The Rule of Law is ONLY for the peasants.

    link to this | view in thread ]

  2. identicon
    AB, 25 Jun 2012 @ 8:39pm

    Yet another step forward in our journey through history. Democracy has had a good run; I wonder what will come next.

    link to this | view in thread ]

  3. identicon
    to be honest, 25 Jun 2012 @ 8:41pm

    i hope de gets sent to jail.

    link to this | view in thread ]

  4. identicon
    Anonymous Coward, 25 Jun 2012 @ 8:52pm

    This implicitly confirms that the referral was simply a way to buy time, rather than an honest question about ACTA's legality.

    Not unlike Masnick fellow goofy internet medal winner who authored most of the 75 amendments to SOPA for the sole purpose of "buying time". Are you such a rub that you don't understand how politics work?

    This is an extraordinary admission. De Gucht says that even if the European Parliament unequivocally refuses to ratify ACTA next week, he will simply ignore that result, and re-submit it at a later date.

    Extraordinary, are you kidding? There have been any number of worthwhile bills that have died and were subsequently resurrected. Why is that inherently evil? Or does that depend on whether it's an anti-piracy measure?

    link to this | view in thread ]

  5. identicon
    MrWilson, 25 Jun 2012 @ 8:56pm

    "First, I would consider proposing some clarifications to ACTA."

    This is just another example of the "ask for the sky so you can later ask for everything beneath it and sound like you're compromising" strategy.

    link to this | view in thread ]

  6. icon
    That Crazy Freetard (profile), 25 Jun 2012 @ 9:01pm

    Re:

    Anti-Piracy measures are already in place. Copyright law allows for prosecution of offenders.

    There's no reason to implement a surveillance state to uphold copyright.

    link to this | view in thread ]

  7. identicon
    Anonymous Coward, 25 Jun 2012 @ 9:01pm

    Re:

    Corporatism. It's most similar forebear is feudalism.

    link to this | view in thread ]

  8. icon
    Alana (profile), 25 Jun 2012 @ 9:17pm

    Whoosh.

    link to this | view in thread ]

  9. identicon
    Anonymous Coward, 25 Jun 2012 @ 9:19pm

    Re: Re:

    There is a reason, it just isn't legal, talked about and is illegal.

    link to this | view in thread ]

  10. icon
    SolkeshNaranek (profile), 25 Jun 2012 @ 9:31pm

    Hollywood Pet

    De Gucht must be a favorite in Hollywood. A politician that stays "bought" no matter what.

    link to this | view in thread ]

  11. identicon
    abc gum, 25 Jun 2012 @ 9:34pm

    I have often wondered why we waste so much money on the facade referred to as democracy when there really is no such thing and never will be. Elections, voting, politics are apparently just a very expensive puppet show performed in order to calm the unwashed masses and soon stating such simple facts in public will become a punishable offense.

    link to this | view in thread ]

  12. identicon
    Anonymous Coward, 25 Jun 2012 @ 9:37pm

    IIRC, it was those aligned against the agreement that petitioned the court. With the terms of the agreement apparently now before that court, it does seem reasonable to secure a ruling of some type concerning the document's provisions as submitted to the court.

    On another matter, there is nothing in the document of which I am aware that prevents the EU from requesting amendments prior to it accession. To suggest this is a case of "you have to accept it exactly as it is" is not, I believe, accurate.

    link to this | view in thread ]

  13. icon
    The Mighty Buzzard (profile), 25 Jun 2012 @ 9:40pm

    Re: The Movie and Recording Industries Have Spoken!

    Not giving up after a failed attempt isn't ignoring the law unless EU law has some bit about never being able to submit the same proposal twice. I have no idea whether or not this is the case but it would be amazingly stupid as it would apply to good proposals as well as bad.

    Assuming that's not part of EU law, most of the opinions offered in this article are at best mistaken and at worst outright lies designed to inflame the readers.

    Look, I'm not an ACTA shill. I hate the idea of ACTA being questionably passed in the US and hope it never passes in the EU. I hate it because I'm opposed to both the material of the agreement and the underhanded tactics that were used throughout its creation process. I'm just as opposed to using lies and other forms of deception to combat it though. Glyn should have either stuck to the facts or kept his fingers off the keyboard. Articles like this hurt more than help.

    link to this | view in thread ]

  14. identicon
    Anonymous Coward, 25 Jun 2012 @ 9:44pm

    Re:

    Except - it is already signed by other countries as-is... so making amendments at this point would cause the treaty to be null and void for those who have already signed it.

    link to this | view in thread ]

  15. identicon
    Anonymous Coward, 25 Jun 2012 @ 9:50pm

    Re: Re:

    There is no good reason for IP laws to continue at all. Abolish them.

    link to this | view in thread ]

  16. identicon
    Anonymous Coward, 25 Jun 2012 @ 9:55pm

    Why is this guy still sticking his neck out for ACTA? Did someone forget to give him the memo about TPP?

    link to this | view in thread ]

  17. identicon
    Anonymous Coward, 25 Jun 2012 @ 10:05pm

    Re:

    Ask somebody who's lived under Prohibition or Nazi Germany what it's like. You'd get your answer.

    link to this | view in thread ]

  18. identicon
    Anonymous Coward, 25 Jun 2012 @ 10:06pm

    "Don't like the current copyright laws? Vote to have it changed." Hahaha, what a crock of shit.

    link to this | view in thread ]

  19. icon
    Mike Masnick (profile), 25 Jun 2012 @ 10:52pm

    Re:

    IIRC, it was those aligned against the agreement that petitioned the court

    You remember incorrectly. It was referred to the court by the European Commission who is in favor of ACTA.

    http://www.zdnet.co.uk/blogs/communication-breakdown-10000030/acta-sees-official-referral-t o-ecj-over-rights-10026161/

    link to this | view in thread ]

  20. icon
    saulgoode (profile), 25 Jun 2012 @ 10:58pm

    Re:

    IIRC, it was those aligned against the agreement that petitioned the court.

    It was Monsieur de Gucht who initially proposed seeking an opinion from the Court (though he cited the public protests across Europe in his reasoning).

    With the terms of the agreement apparently now before that court, it does seem reasonable to secure a ruling of some type concerning the document's provisions as submitted to the court.

    It should be noted that Mr Moody's article did not criticize this aspect (i.e., waiting for a ruling) of Monsieur de Gucht's statements; it merely reported on it. I read nothing to suggest that he would not be in agreement with you about the reasonableness of waiting for a ruling.

    link to this | view in thread ]

  21. identicon
    Anonymous Coward, 25 Jun 2012 @ 11:00pm

    Re:

    I can't tell if this is sarcasm, but if it is, well played sir!

    I think the "worthwhile bills" part got me most thinking this is sarcasm. No one in their right minds would ever think ACTA, SOPA or the TCP is a rational response to anything.

    If you can't come to grips with the fact that the peoples interest in IP is more important than corporate interest, and that business models have moved beyond enforcing scarcity in a non-scarce word, then u fail.

    There are plenty of smarter people ready to succeed where u fail.

    link to this | view in thread ]

  22. icon
    Chargone (profile), 25 Jun 2012 @ 11:39pm

    Re: Re:

    i dunno, feudalism seemed to work pretty well in most regards when not combined with serfdom. it certainly had it's issues, and a lot of modern stuff wouldn't work so well because it's not really compatible with the decentralization feudalism requires, but that's about it. now, there were a lot of things in place at the same Time as feudalism, which aren't actually feudalism itself, that we can do with out. feudalism, as a government structure, is based on personal loyalty and responsibility, as well as traditional rights and duties, which can be codified into written and absolute law without issue, generally, save that they tend to be highly local. it also, by its very Nature, strips away the largest problem with the US system (and now the EU system) where the government is just so large and responsible for so much stuff that there is no way to hold it accountable to Anyone. feudalism is generally arranged so that, at each level, if things go truly off the rails, and all other methods of seeking justice have failed, no ruler is out of reach of the capacity of their subjects of armed revolt or the like, either in physical distance or resource base. (at least in part because those who would be revolting Are the majority of the resource base, which is NOT the case in what is essentially a centralized empire (for all their republican structures) like the EU or USA)

    i dunno, i actually have less problems with feudalism than i do with many modern so called 'democracies' (most of which aren't.)

    if corporatism ends up being what it looks like it'd be, it's pretty much using the wost abuses possible in feudalism (mostly as a result of other structures, but feudalism was not set up to counter them) as the default basis of it's design, and labeled as Good things... (note that under feudalism they were the sort of thing that lead to assassinations and revolts...) the main difference is the use of lawyers and money rather than soldiers and steel... though under the Holy Roman Empire, the germanies were often like that too...

    link to this | view in thread ]

  23. icon
    Chargone (profile), 25 Jun 2012 @ 11:42pm

    Re:

    oh, democracy works fine...

    you just have to avoid falling into the insanity trap that is empire.

    democracy ceases to work the moment it is large enough to require you to tack 'representative' onto it to continue functioning.

    representative democracy, isn't. it's oligarchy with popularity contests instead of murders.

    link to this | view in thread ]

  24. icon
    Chargone (profile), 25 Jun 2012 @ 11:44pm

    Re:

    ... side effect of Europe being Nowhere Near the Pacific Ocean.

    link to this | view in thread ]

  25. identicon
    varagix, 26 Jun 2012 @ 12:01am

    Re: Re:

    Need a 'sad but true' button here. Have an 'insightful' instead in the mean time.

    link to this | view in thread ]

  26. icon
    The eejit (profile), 26 Jun 2012 @ 12:25am

    Re: Re: The Movie and Recording Industries Have Spoken!

    AS I understand it, the outright rejection of ACTA in its numberous votes means that it has been dismissed with prejudice, to use hte legal term. Seeing as at least three nations within the EU have done the same, this is fine with me.

    link to this | view in thread ]

  27. icon
    The eejit (profile), 26 Jun 2012 @ 12:29am

    Re: Re:

    Of course there is: how do you think the FBI stops its own terrorist plans?

    link to this | view in thread ]

  28. icon
    The eejit (profile), 26 Jun 2012 @ 12:37am

    Re: Re:

    Ron Kirk was always at war with Eurabia.

    link to this | view in thread ]

  29. identicon
    Anonymous Coward, 26 Jun 2012 @ 1:48am

    This is democracy at work

    Isn't it grand? Why do we want to spread this bollocks to the Middle East and beyond? I say leave them alone and let 'democracy' stay where it is.

    link to this | view in thread ]

  30. icon
    maclypse (profile), 26 Jun 2012 @ 1:55am

    Well, I'd like to say this was all very unexpected, but, you know... Oh dear. I'd also like to say "good luck getting re-elected, de Gucht" but we all know he will - because a big fat slice of the voters simply don't know what's going on. No one, not even the press, seems interested in actually inspecting and exposing the government.

    Back in elementary school, 20 years ago, we were taught that the first job of the press was to inspect, question, and criticise the government. These days there's virtually a media blackout. Of course, the press is owned by publishers, so there may be a slight conflict of interest, mm? How things have changed...

    link to this | view in thread ]

  31. identicon
    Anonymous Coward, 26 Jun 2012 @ 2:00am

    It is almost certain there will be attempts to ratify this treaty no matter what the parliament or the courts say.
    The executive branch of the EU has far too much power over the legislative process and uses this to push unpopular laws through, discrediting the European project in the eyes of the citizenry.

    The current problems around the euro could actually help turning this bill down as the parliament would not want to fuel the current anti-european sentiments among the people.

    It is also possible certain member states will ratify it, ignoring the EU completely.
    De Gucht has advocated this course of action several times when he was the belgian secretary of foreign affairs but this is now unlikely to happen as his party has lost heavily in the last three elections and his own moral standing in the country has greatly diminished due to allegations of tax evasion.

    link to this | view in thread ]

  32. identicon
    Anonymous Coward, 26 Jun 2012 @ 2:01am

    i think we are now getting exactly what we deserve, regardless of where we are in the world. had a fight been put up in the first place, when Hollywood started all this copyright shit and file sharing nonsense, perhaps we would not be in this position now. every time the entertainment industries want something, they demand it. they never discuss it. after they achieve that part, they move on to the next, more strict part. it will not stop until they control the internet!! to my mind, the only hope left is for a worldwide joining of ISPs that ban the entertainment industries from the internet. if they dont, then they may just as well hand their businesses over because the costs involved will not be paid by the industries but the ISPs, then the consumer. the industries dont want their stuff available for download. no need to block or shut websites, just dont allow the music, movies and anything else to do with them from getting to the 'net, problem solved!

    link to this | view in thread ]

  33. icon
    Zakida Paul (profile), 26 Jun 2012 @ 2:04am

    I must say that I used to be against our holding a referendum on whether or not we should stay in the EU. No, though, after seeing what they are doing to 'solve' the Eurozone crisis, this, and the hoops we have to jump through to control immigration; I say "Dave, give us a referendum now". The sooner we get out of this bollocks the better.

    link to this | view in thread ]

  34. icon
    Zakida Paul (profile), 26 Jun 2012 @ 2:11am

    Re:

    That would kill off the entertainment industry for good. I, for one, will NOT buy music, movies or TV shows if I cannot buy them online. I will NOT buy CDs or DVDs if I cannot try before I buy, be that Netflix, Last FM or any other such service.

    I agree that it is going to take the ISPs finally standing up for themselves and their customers to get the cartels to take notice.

    link to this | view in thread ]

  35. icon
    The eejit (profile), 26 Jun 2012 @ 2:37am

    Re:

    There are toher issues, but yes, I agree with you, on the proviso that "call-me-Dave" isn't the one running the country afterwards.

    link to this | view in thread ]

  36. identicon
    Call me Al, 26 Jun 2012 @ 2:53am

    Re:

    I'm still undecided on this. I suspect our government would have rubber stamped ACTA if there was no EU considerations. I simply don't trust them to care about issues that I care about.

    Having said that I loook at the EU and it is just an unbelievable mess with the commission doing whatever the hell they like and frequently going against what is in the interests of the actual people of Europe.

    link to this | view in thread ]

  37. icon
    hfbs (profile), 26 Jun 2012 @ 2:58am

    Re:

    In fairness, they never say it will be changed for the better..

    Voter: Hello, MP? I'd like the copyright law changed please
    MP: Sure thing, taxpayer, one 'death penalty for possible infringement' coming up!
    Voter: No, I meant changed so it's less draconion
    MP: Oh right, sorry - life sentence for possible infringement is certainly a good idea!
    Voter: You misunderstand - less draconian and more suitable for the digital age
    MP: Ohh, I get it now! Yeah, sorry. I'll whip that through straight away!
    ...
    Voter: What exactly did you 'whip through'?
    MP: Well, I listened to your suggestion of making it less absurd than death penalty for possible infringement (which if you ask me, is perfectly reasonable, or so I'm reliably told by the copyright industries) and how you really wanted it changed, so the proposed law is a fine for a billion pounds a year for your lifetime (and 70 years thereafter) if the MPAA/RIAA can prove you visited a torrent site. See, you don't even have to go to jail, it's a much nicer law, isn't it?
    Voter: ....

    link to this | view in thread ]

  38. identicon
    Anonymous Coward, 26 Jun 2012 @ 3:03am

    Re:

    No. The problem is that politicians need spindoctors and their lobbyist-friends have good contacts too. One party in Denmark is known for trawling the newspapers for "good" journalists to strenghten their staff of spindoctors. When that rumour comes around, the journalists no longer fear loosing their job from obscure nitpicking of nothing against the political "opposition", while they fear for their future if they should start digging in the trash of this partys politicians.
    It did create a backlash when a newspaper uncovered that the spindoctors of said party had confidential materials and used them to sell one-sided stories to the press. It has prompted one of the biggest investigations in newer time...

    link to this | view in thread ]

  39. identicon
    Anonymous Coward, 26 Jun 2012 @ 3:21am

    Re: Re:

    The stiff upper-lip conservatives of Britain are by very far, the most zealous defenders of ACTA. ECR is second to none in that department. UK have had a lot of music industry to defend and ACTA might help it. That is enough for the ECR-group to try and discredit anyone suggesting there might be legitimate concerns about ACTA... They are 100% lapdogs of the commish on this issue.

    If the man whose name starts with D, ever thought about plunging a vote of EU-membership on the public, he would have lost his position in a heartbeat...

    link to this | view in thread ]

  40. identicon
    You sir as bias, 26 Jun 2012 @ 3:44am

    if just ignoring the negative votes to ACTA, this sounds the same as not hearing the reason why they vote no and is that not just being bias?

    link to this | view in thread ]

  41. icon
    Wendy Cockcroft (profile), 26 Jun 2012 @ 3:56am

    Re: Re: The Movie and Recording Industries Have Spoken!

    Did you not read de Gucht's statement? Glyn correctly reported what he said. The EU Trade Commissioner is going to keep on bringing ACTA up until he gets what he wants. He said here:
    If you decide for a negative vote before the European Court rules, let me tell you that the Commission will nonetheless continue to pursue the current procedure before the Court, as we are entitled to do.

    We're taking it to ECJ anyway, so there!

    here:
    If the Court questions the conformity of the agreement with the Treaties we will assess at that stage how this can be addressed.

    We'll work on a plan to resurrect ACTA

    here:
    I would consider proposing some clarifications to ACTA.

    We could set out interpretations to ACTA.(Please ignore the fact that it can't be actually changed.)

    and here:
    once we will have identified and discussed these possible clarifications, I would intend to make a second request for consent to the European Parliament

    I'm not taking no for an answer. I'll be playing "Are we there yet?" until you give in and ratify ACTA.

    That's the problem. He's using attrition to get around our objections, adding layer after layer of procedures and submissions till the MEPs give him what he wants in the hope that he will finally go away.

    link to this | view in thread ]

  42. identicon
    Ruffian, 26 Jun 2012 @ 3:58am

    Not to worry...

    I'm sure Europe will be goosestepping again in no time.

    Bah... who needs democracy and legally elected officials?!

    link to this | view in thread ]

  43. identicon
    quawonkj, 26 Jun 2012 @ 4:05am

    Democracy is over, folks. Has been for a while. Welcome to Corporatism. The people have no power or say whatsoever. I'm afraid nothing short of a revolution will get things back on track.

    link to this | view in thread ]

  44. icon
    JustMe (profile), 26 Jun 2012 @ 4:16am

    Re: The Mighty Buzzard

    I'm a little confused. These aren't anecdotes or 3rd hand ramblings. Glyn used QUOTES from De Gucht. Quotes are, by definition, one of these 'facts' you yourself wanted to see from Glyn. Not only that, but these quotes were made in front of the EU Parliament. De Gucht absolutely knew these statements were on the record.

    link to this | view in thread ]

  45. identicon
    abc gum, 26 Jun 2012 @ 4:46am

    Re: Re:

    Agreed. However one can not even call it a representative democracy when so few are "represented" due to a failure to vote.

    link to this | view in thread ]

  46. identicon
    Anonymous Coward, 26 Jun 2012 @ 4:53am

    Welcome...

    ...to the EUSSR.

    link to this | view in thread ]

  47. icon
    The eejit (profile), 26 Jun 2012 @ 4:59am

    Re:

    No, that's called breaking the laws surrouding government. Imagine if Wall Street could just ignore every single law regulating them. OR imagine if McDonalds could just ignore every food regulation.

    link to this | view in thread ]

  48. identicon
    anonymous, 26 Jun 2012 @ 5:01am

    Re:

    Fascism until that's over thrown, then back to democracy until it slowly declines again into Fascism. Rinse, repeat.

    link to this | view in thread ]

  49. identicon
    John Thacker, 26 Jun 2012 @ 5:10am

    They've done it before

    Hasn't it been standard process in the EU to make members states vote and revote until they get the right answer? See for example Ireland on the Lisbon Treaty. The EU consistently has shown that democracy is only respected when it gets the answers the elites want, which makes it not really democracy at all.

    link to this | view in thread ]

  50. icon
    Who Cares (profile), 26 Jun 2012 @ 5:36am

    Re: They've done it before

    Not just Ireland. The best example here in the Netherlands. A referendum on the EU constitution. It was rejected despite the propaganda (and very clear bias towards yes on instruments that were supposed to help clarify what would be the best vote for people).
    My comment at the time, due to previous experiences, was making a bet on how long it would take before it would be reintroduced as a government only vote. Nobody I knew would take the bet. Which I, most likely, would have won since it was only 2 weeks after the time I said they did exactly that.

    Europe is not a democracy, it isn't a republic it isn't a federation. It is some form of an oligarchy with institutions like the parliament and the different committees as smokescreen/camouflage to hide this fact

    link to this | view in thread ]

  51. icon
    Wendy Cockcroft (profile), 26 Jun 2012 @ 5:40am

    Re: Re: The Mighty Buzzard

    What are you confused about? I provided the quotes from de Gucht himself with some "interpretations" of my own in bold. I didn't "want to see them," I copied and pasted quotes from de Gucht's own statement, just as Glyn did. And by "statement," I mean this: http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/12/477&format=HTML

    What exactly are we arguing about here? Glyn quoted from this, then I quoted from this. Will you please quote from this if you're going to argue about it, please?

    link to this | view in thread ]

  52. identicon
    Al, 26 Jun 2012 @ 6:14am

    There's really no reason to put up an surveillance state to uphold copyright.

    link to this | view in thread ]

  53. icon
    The Mighty Buzzard (profile), 26 Jun 2012 @ 6:33am

    Re: Re: The Mighty Buzzard

    The quotes were fine. The inferences and assertions that was somehow illegal, immoral, or different than how democracy is supposed to (and usually does) work and the conclusion that he holds the EU Parliment in contempt were ludicrous. With the possible exception of the last since there are pretty good odds of any random person holding their legislative body in contempt.

    Basically, this was a fine example of the Hannity Effect. Defined as someone arguing for an issue you agree with but doing it so badly you really wish they'd not said anything at all.

    link to this | view in thread ]

  54. icon
    The Spork (profile), 26 Jun 2012 @ 6:47am

    De gaut

    Go directly to HELL. do not pass "ACTA". Do not collect your lobbying moneys as you pass said agreement

    link to this | view in thread ]

  55. identicon
    Anonymous Coward, 26 Jun 2012 @ 6:56am

    Re: Re:

    Correction: Not Representative Democracy, "Republic"

    There is no such thing as a democracy in the modern world.

    link to this | view in thread ]

  56. identicon
    Anonymous Coward, 26 Jun 2012 @ 7:45am

    Re: Re: Re: The Mighty Buzzard

    "Basically, this was a fine example of the Hannity Effect. Defined as someone arguing for an issue you agree with but doing it so badly you really wish they'd not said anything at all."

    And Hannity tends to either ignore facts or create his own to suit his interpretation.

    link to this | view in thread ]

  57. identicon
    Anonymous Coward, 26 Jun 2012 @ 7:48am

    Re:

    "Not unlike Masnick fellow goofy internet medal winner who authored most of the 75 amendments to SOPA for the sole purpose of "buying time"."

    Wha?
    Do you speak English, boy?

    link to this | view in thread ]

  58. identicon
    NiC, 26 Jun 2012 @ 7:55am

    I've been saying since February that Karel De Gucht is been bought by the entertainment industry (even sooner).

    Checkout comments made by nicojuicy on http://tweakers.net/nieuws/80086/belgische-regering-gaat-impact-acta-bestuderen.html
    and on http://tweakers.net/nieuws/80203/europese-hof-gaat-zich-buigen-over-acta.html

    Don't forget, Karel De Gucht is being investigated for fraud in Belgium : http://www.ft.com/cms/s/0/6dafb222-3b9f-11e1-a09a-00144feabdc0.html
    I don't understand why he can still stay as EU commissioner. Perhaps it's a requirement, being able to be bought for a position in the EU.

    Don't forget, he even LIED to fellow EU politicians, because he wanted them to vote pro and not against ACTA.

    link to this | view in thread ]

  59. identicon
    Anonymous Coward, 26 Jun 2012 @ 8:38am

    Re: Re:

    I stand corrected. After reading the link I now understand that my recollection was incorrect.

    As I now understand the matter, the EU Commission petition is currently pending before the court, with the linchpin question being if any of the provisions of the ACTA text are inconsistent with EU Directives.

    With my understanding it can be argued that a vote should be held off until the court responds, since its decision may require changes to the text, which changes are not at all an unsurmountable hurdle.

    link to this | view in thread ]

  60. identicon
    Anonymous Coward, 26 Jun 2012 @ 8:51am

    Re: This is democracy at work

    This has nothing to do with democracy. It is capitalistic greed. By forcing these restrictions onto the middle east, we are forcing a slower development onto them and thereby a larger piece of the financial pie for the legacy countries. Do not fool yourself and think you can change that by logical arguments. If you can prove that the calculations are wrong, you are on for quite an attack, but it is essentially the only argument the governments will listen to.

    link to this | view in thread ]

  61. icon
    Jeff Nolan (profile), 26 Jun 2012 @ 9:17am

    Why is this surprising?

    The EU has a history of ignoring the democratic process in order to achieve the goals of the ruling class. At first they viewed direct democracy as unnecessary and ugly, an outdated convention that should be discarded in favor of technocrat intervention, now the bureaucrats in Brussels are admitting that they do not think much of politicians either...

    link to this | view in thread ]

  62. identicon
    AB, 26 Jun 2012 @ 9:29am

    Re: Re:

    I tend to agree, although this time around the armies will be replaced by lawyers, and the violence will be replaced with law suits (mostly). Also, our increased understanding of mass psychology and marketing techniques is reducing the negative feedback effect, thus potentially greatly extending the survival time for the fascist regime. On the other hand that is countered by a dramatic increase in public awareness which may break the whole cycle. I can dream, can't I?

    link to this | view in thread ]

  63. identicon
    AB, 26 Jun 2012 @ 9:38am

    Re: Re: Re:

    Hmmm... agreed, though the American system comes close with it's multiple tiers of representatives. Even now with all the corruption and legal abuse it is proving resistant to the corporate push (not immobile, but still resistant).

    link to this | view in thread ]

  64. identicon
    _honkmaster, 26 Jun 2012 @ 10:13am

    Good news!

    As a creative who owns several intellectual properties I'm relieved that ACTA can pass. Thank you, Mr. De Gucht.

    link to this | view in thread ]

  65. identicon
    Anonymous Coward, 26 Jun 2012 @ 10:39am

    Re: Re:

    Hmmm, it looks like I missed an 's after Masnick and perhaps a comma. Sorry that you are so stupid that you are unable to figure it out on your own.

    link to this | view in thread ]

  66. icon
    Modplan (profile), 26 Jun 2012 @ 11:08am

    Re: Re: Re: The Mighty Buzzard

    Nowhere did Glyn say it was illegal, only that De Gucht, quite accurately, stated that he would try again to get ACTA passed by resubmitting it even after it has been rejected.

    How that was non-factual at all I don't know, nor did it even have to heave to heavily rely on inferring anything - what was stated was perfectly clear.

    link to this | view in thread ]

  67. identicon
    ski in bulgaria, 26 Jun 2012 @ 11:21am

    All this EU stuff is a litle bit more for me to assimilate.

    link to this | view in thread ]

  68. identicon
    PT, 26 Jun 2012 @ 11:36am

    Re: Re: Re: The Mighty Buzzard

    The conclusion that he holds the European Parliament in contempt is NOT ludicrous. The EU is not a democratic institution. The European Parliament is just a rubber stamp for the unelected, all powerful EU Commission of which de Gucht is a member. From Richard North's blog:

    "No matter what individual MEPs might think about an existing piece of EU law – and even if all 732 members wanted it changed (which is highly unlikely) – it cannot force a change. The unelected commission has the absolute right of initiative, and can ignore parliament completely."

    link to this | view in thread ]

  69. icon
    Wendy Cockcroft (profile), 26 Jun 2012 @ 12:48pm

    Re: Re: Re: The Mighty Buzzard

    To be perfectly honest, de Gucht's determination to get this treaty ratified after (a hopefully inevitable "no" vote) looks exactly like contempt for both the parliament and the people to me.

    I know you will probably continue to disagree on this, but I think Glyn called it right on this occasion. De Gucht's tone smacks of arrogance in that statement and if I'd been the one to write it up, I doubt I'd have done any different.

    There's no question that Glyn invented the notion of an arrogant commissioner whose paternalism overrides his common sense. De Gucht manages that all by himself in his upbraiding of the naughty children, I mean, MEPs in that statement.

    link to this | view in thread ]

  70. identicon
    Markii2, 26 Jun 2012 @ 2:43pm

    What do we do to stop this Acta nonsense? Whatever it is, I want to do it.

    link to this | view in thread ]

  71. identicon
    Alexandre Strube, 26 Jun 2012 @ 3:28pm

    The man's contact info

    Please, let him know that what he is doing is wrong. Here is his contact information: http://ec.europa.eu/commission_2010-2014/degucht/contact/

    Karel De Gucht
    Member of the European Commission
    BE-1049 Brussels
    Belgium

    By mail: Karel.DE-GUCHT@ec.europa.eu

    By fax: (+32-02) 29 80899

    link to this | view in thread ]

  72. identicon
    Alexandre Strube, 26 Jun 2012 @ 3:34pm

    Re: write him

    Look at my other reply. You can write him.

    link to this | view in thread ]

  73. identicon
    eu commission skeptic, 26 Jun 2012 @ 9:22pm

    de gucht is either an idiot or he probably knows what he is doing is wrong and has personal interests at stake.

    good luck convincing him ...

    the whole eu commission thing seems not very democratic to me. bodies with legislative power should be elected, not result of party politics. yuck, the whole thing reeks of institutional cronyism and lobbyism

    link to this | view in thread ]

  74. icon
    ohir (profile), 27 Jun 2012 @ 3:39am

    EP has no real legislative power.

    This simple fact is buried deep into European Union Treaty and this guy knows it fully. Its executive branch who makes legislative decissions in EU. The very decission to sign ACTA was made oficially by agriculture and fishery ministers of EUC. It was perfectly lawful, according to EU Treaty.

    Even in popular brief descripions of EP powers (as in wikipedia) there is "an official statement" that EP is legislative branch followed by very long talkative presentation of "special cases" and "special procedures". It all boils down to simple truth: in any important area EP can make its power by issuing non-binding opinions and talking to media. MEPs may at most decide what will be official european color of their next meeting. Not much more.

    link to this | view in thread ]

  75. identicon
    Anonymous Coward, 27 Jun 2012 @ 4:43am

    This smells strange..

    Nuuh nuuh, smells like corruption!

    link to this | view in thread ]

  76. identicon
    Anonymous Coward, 27 Jun 2012 @ 4:47am

    Don't they have anything better to do?

    Like fight against ever growing illegal human trade !?

    link to this | view in thread ]

  77. icon
    Niall (profile), 27 Jun 2012 @ 6:19am

    Re: Re: Re:

    Why should we have to because you are too lazy and inept to type decent English?

    link to this | view in thread ]

  78. icon
    Niall (profile), 27 Jun 2012 @ 6:25am

    Re: Re:

    Except that it'll get amended to 'can allege that you visited a torrent site'.

    Just think of the numbers the MAFIAA will be quoting due to 'piracy losses': "Dear Representative, this 20-year-old went bankrupt and cost us our $140 billion, can we joinder him to these other 100 million cases?"

    On the plus side, the MAFIAA will want to pay for everyone's health insurance to keep them healthier and alive for longer! :)

    link to this | view in thread ]

  79. icon
    Niall (profile), 27 Jun 2012 @ 6:27am

    Re: Good news!

    And this will actually help you how? Compared to how it will hurt you as a consumer?

    link to this | view in thread ]

  80. icon
    mhenriday (profile), 27 Jun 2012 @ 10:52am

    De heer De Gucht

    and Mme Gallo are merely attempting to show us citizens of the member states of the EU what the distinction between a «democracy» and a «plutocracy» is in practice....

    Henri

    link to this | view in thread ]

  81. identicon
    kaoxina, 29 Jun 2012 @ 11:41pm

    Recording Industries Have Spoken!

    Not giving up after a failed attempt isn't ignoring the law unless EU law has some bit about never being able to submit the same proposal twice. I have no idea whether or not this is the case but it would be amazingly stupid as it would apply to good proposals as well as bad.

    WWW.nike airmaxonline shop.com

    link to this | view in thread ]

  82. identicon
    huaxina, 29 Jun 2012 @ 11:42pm

    legislative power

    This simple fact is buried deep into European Union Treaty and this guy knows it fully. Its executive branch who makes legislative decissions in EU. The very decission to sign ACTA was made oficially by agriculture and fishery ministers of EUC. It was perfectly lawful, according to EU Treaty.



    Nike Free

    link to this | view in thread ]

  83. identicon
    shuaigeyang, 30 Jun 2012 @ 2:59am

    Dear Representative

    Just think of the numbers the MAFIAA will be quoting due to 'piracy losses': "Dear Representative, this 20-year-old went bankrupt and cost us our $140 billion, can we joinder him to these other 100 million cases?"

    w w w.shop cheap soccer jerseys.com

    link to this | view in thread ]

  84. identicon
    Stuferus, 30 Jun 2012 @ 5:32am

    he shell be..

    ..killd! for that!

    link to this | view in thread ]

  85. icon
    Christopher (profile), 1 Jul 2012 @ 8:26pm

    Re: The Movie and Recording Industries Have Spoken!

    That is basically what it amounts to. If they cannot get the law passed in the regular manner, they will just ignore the unfavorable rulings in courts and try to do it through the 'back door'.

    Which, by the way, should get these bastards arrested for. I seem to remember that trying to overturn a court ruling by Presidential fiat is a little thing called.... TREASON!

    link to this | view in thread ]

  86. icon
    Christopher (profile), 1 Jul 2012 @ 8:28pm

    Re: Recording Industries Have Spoken!

    There is a difference between 'not giving up after a failed attempt' and trying to keep on pushing in a law with trickery that the people have said they do not want.

    link to this | view in thread ]

  87. identicon
    Lilou, 4 Jul 2012 @ 12:43pm

    Guess who was at Bilderberg this year... De Gucht.

    link to this | view in thread ]

  88. icon
    Yesing (profile), 1 Sep 2012 @ 11:58am

    Democracy is over, and i think there is no particular reason to continue with IP laws.

    link to this | view in thread ]

  89. identicon
    PG, 27 Dec 2012 @ 12:31pm

    EU commission

    The EU commission should not be allowed to exist , it is an undemocratic . The commissioners are not elected and have no accountability to EU citizens , they should not be allowed to represent or take decisions for EU citizens .
    And judging by the prsent state of the EU and its member countries they are doing a bad job , lack new ideas , and are overpayed .
    We have yet to see austerity measures applied to the EU Commission and Parliament , and salaries and expenditure decreased , yet austerity is applied to most EU countries , this is unacceptable.

    link to this | view in thread ]

  90. identicon
    Anonymous Coward, 21 Nov 2014 @ 5:34pm

    Interesting article. Glad I read it

    link to this | view in thread ]

  91. identicon
    davidbarcomb, 21 Nov 2014 @ 5:40pm

    Re: EU commission

    I totally agree with you mate

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.