Latest TPP Leaks Reveal That US Is Isolated In Its Desire To Push Through Corporate Exceptionalism

from the good-to-see dept

Mon, Dec 9th 2013 12:56pm — Mike Masnick

With the latest round of TPP negotiations ongoing, the folks over at Huffington Post got a hold of two leaked documents including a very useful spreadsheet highlighting all of the positions and areas of disagreement concerning every chapter of the TPP. What's quite revealing (and very good to see, though we'll see how it holds up) is that on many of the worst proposals, it appears that the US is very isolated, with either no one agreeing or maybe just one or two other countries agreeing. Of course, the US is obviously the most powerful force in these negotiations, so never underestimate the ability of the USTR to pressure countries to agree to these harmful policies -- but so far, it appears that other governments have been willing to push back on the US's extreme view of corporate sovereignty ("investor dispute resolution settlements") which would allow companies to ignore the laws of countries and sue those countries for "lost profits" when they disagree with the legal regime (say, for example, if a patent they wanted isn't granted). These programs have been a disaster in current agreements, and hopefully it appears that other countries now recognize this.

It also appears that the US is somewhat isolated in its intellectual property proposals. Only Australia and Peru agree with the US's "patentability criteria." And no one at all agrees with the US's plans for extra protection for patents or to extend protections to new uses (such as plants, animals and surgical procedures). The US is also the only one supporting programs favorable to pharmaceutical companies around data protection. On the copyright side, it appears that everyone disagrees with the US's view of parallel importation (which, if still the same as it was from the last leaked version, disagrees with the US Supreme Court's own ruling on parallel importation). Only the US wants "establishment of criminal offenses for unintentional infringements of copyright, related rights and trademarks."

This is good to see -- but, again, the US is the most powerful voice in the room, and you won't believe the tricks that the USTR will pull to try to bend other countries to agree to these proposals. Hopefully, though, the other countries stand firm. Hell, the fact that so many other countries agree on so many other proposals suggests that perhaps they should just kick the US out and make their own agreement.

Oh, and the US isn't only isolated in pushing for bad proposals. It's also isolated in rejecting some proposals as well. For example, there's a proposal in the e-commerce chapter on "privacy obligations" which everyone has agreed to... except the US. Gee, the US not interested in privacy protections? I wonder why...

Tpp Salt Lake Positions (PDF)Tpp Salt Lake Positions (Text)

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Filed Under: copyright, investor state dispute settlement, isds, isolated, patents, tpp, ustr

33 Comments

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out_of_the_blue, 9 Dec 2013 @ 1:01pm

Umm, EXCEPT for all the corporations...
Let me try to pin you down for once: are you saying that this occurs in a vacuum, that no corporations are interested in it? Or trying to shift blame from globalist corporations to US gov't?

And again, even if true, it's only the usual politicking in what other countries are publicly presenting but will actually DO: odds are this will be passed despite the supposed objections of "every other" country...
No fools are worse than "libertarians" who are eager to be underdogs competing with inherited wealth and position The Rich have in "free markets".

09:01:37[k-2-1]
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John Fenderson (profile), 9 Dec 2013 @ 1:04pm

Re: Umm, EXCEPT for all the corporations...
Let me try to pin you down for once: are you deliberately obtuse?
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Anonymous Coward, 9 Dec 2013 @ 1:07pm

'the tricks that the USTR will pull to try to bend other countries to agree to these proposals'

not just tricks, they will use anything they can think of, including threats and sanctions! what other countries need to completely accept is that whatever proposals the USA wants or dont want are going to be beneficial only to the USA and it's industries. if other nations cant see that the USA is trying to take over the internet and basically the world's trade, they need to wake up. if there is something that is going to be detrimental to the USA and everyone else wants it in, the USA is going to play up joe fuck! now reverse things and the USA will again play up joe fuck until whatever everyone else doesn't want, but the USA does, is put in. i hope these other nations can see exactly what sort of state their own industries and their own people are going to be in if they cave to USA demands!
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PopeyeLePoteaux, 9 Dec 2013 @ 1:09pm

Re: Re: Umm, EXCEPT for all the corporations...
Yes, he's obtuse, so obtuse he doesn't even realize how obtuse he is.
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Anonymous Coward, 9 Dec 2013 @ 1:10pm

"Hell, the fact that so many other countries agree on so many other proposals suggests that perhaps they should just kick the US out and make their own agreement."

I agree. They really should do this. The rest of the world needs to start putting US in our place.
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sophisticatedjanedoe (profile), 9 Dec 2013 @ 1:13pm

Does anyone know the details of this "Establishment of criminal offences for unintentional infringement of copyright..." ? Sounds metaorwellian to me, to the point I'm not sure that what I see around me is objective reality, and not the Martix.
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S. T. Stone, 9 Dec 2013 @ 1:14pm

Re: Re: Re: Umm, EXCEPT for all the corporations...
Well, he's never been all that acute�
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out_of_the_blue, 9 Dec 2013 @ 1:26pm

Wait, which OOTB is this again?
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Anonymous Coward, 9 Dec 2013 @ 1:29pm

Please use closed parentheses. Seeing missing punctuation is like getting a really annoying song stuck in your head.
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Anonymous Coward, 9 Dec 2013 @ 1:35pm

Still think that writing letters and voting for the other side next time makes a difference?
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Baron von Robber, 9 Dec 2013 @ 1:49pm

Re: Umm, EXCEPT for all the corporations...
"out_of_the_blue, Dec 9th, 2013 @ 1:01pm

Umm, EXCEPT for all the corporations...
Let me try to pin you down for once"

Epic fail, next.
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Anonymous Coward, 9 Dec 2013 @ 2:25pm

not isolated enough though! if other countries had any sense, any concern and thought for their own countries and peoples, they wouldn't be stupid enough to enter into these sort of 'negotiations' in the first place, and definitely not with the USA! what the USA is trying to do is secure income from ages old products by threatening other countries with sanctions if they dont comply. the strange thing is, what the hell does the USA now produce that is worth having and not available from somewhere else? nothing that i can think of. that's why they keep getting the likes of copyright protection lengthened, so money can continue to be earned without producing anything new! typical attitude of a failing economy run by monopoly industries!
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BentFranklin (profile), 9 Dec 2013 @ 2:42pm

Re:
"...you won't believe the tricks that the USTR will pull to try to bend other countries to agree to these proposals.

It's very simple. They will buy the other countries' cooperation with our country's general funds, paid by the 99%, to secure benefits for the 1%.
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Anonymous, 9 Dec 2013 @ 2:46pm

America, why won't you just die already?!
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Anonymous Coward, 9 Dec 2013 @ 2:59pm

Re:
Vast quantities of military supplies...

I'll let you extrapolate from there
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Anonymous Coward, 9 Dec 2013 @ 3:29pm

Re:
"America, why won't you just die already?!"

That's what Mike prays for everyday.
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Rapnel (profile), 9 Dec 2013 @ 3:35pm

Re:
Well, I have an acute obtuse-ache ..
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Rapnel (profile), 9 Dec 2013 @ 3:47pm

Re: Re:
And if that doesn't work there's always the multinational/global corporate takeover of the earth angle (even though that's most of what this agreement is for isn't it?). I mean they're almost there as it is and isn't that what all these police are for anyway?

And seemingly the only mother fuckers that "deserve" privacy is the state now? The "state" can have secrets backed by laws and guns and we. don't. get. shit.? Damn it. Damn that to the fiery depths of the deepest hell.
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Anonymous Coward, 9 Dec 2013 @ 3:53pm

Re:
Agree. I honestly cannot see how such a law wouldn't lead to massive collateral damage (everyone will break some IPR unintentionally every day...), random enforcement (Massive problem with "false accusations"/lack of proper investigations of the accused since the persons motives are irrelevant) or a fundamental problem with "equal justice under the law" (Massive problems of delineation/"unintentional economic favourisation").

Even if I try hard to see it from a corporate interest point, I cannot see the rational behind this since it can be turned against themself in a big way.
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art guerrilla (profile), 9 Dec 2013 @ 4:03pm

Re:
1. um, you recall some recent NSA revelations of how they and their brit counterparts were spying on various trade groups, meetings, participants, etc ?
um, you *really* think that was to stop terrorism ?
or is it approximately infinitely more likely that it was for the benefit of unka sugar's trade 'negotiators'/enforcers ?

2. further, beyond mere trade-strategy intercepts, wiretapping, etc; i would bet dollars to donut-holes that -as per bidness as usual- salacious blackmail info was funneled to the CIA, and even less savory characters than they...
how much you wanna bet *some* trade delegates had a choice of having 'X' revealed about them, *or*, they take home a big envelope of cash, and vote for unka sugar ? ? ?

3. *beyond* that, is the fact -as per 'confessions of an economic hitman'- unka sugar rarely has to invoke crude physical threats, messy blackmail, etc: they simply bribe the right people (you know, making them an offer they can't refuse, but *NOTHING* like the real -you know- criminal mafia!), and everything goes as Empire planned...

art guerrilla
aka ann archy
eof
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Anonymous Coward, 9 Dec 2013 @ 4:06pm

Re:
Rent-seeking behaviour is out of control. It became so bad that the seeking is a disease of its own a long time ago. Now it has become so engrained in everything that it is massively affecting the ills relations with others...
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Anonymous Coward, 9 Dec 2013 @ 4:19pm

Latest TPP Leaks Reveal That US Is Isolated In Its Desire To Push Through Corporate Exceptionalism

Politician translation:
Latest TPP Leaks Reveal That US has global support In Its Desire To Push Through Corporate Exceptionalism

Rich people translation:
Woot! More money!

Normal people translation:
Rich people 8))))))))))D~ Politician
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Whenever You Need Somebody (1987), 9 Dec 2013 @ 4:25pm

Re:
Never gonna give you up
Never gonna let you down
Never gonna run around and desert you ...
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Anonymous Coward, 9 Dec 2013 @ 4:31pm

Re:
You mean go back to the actual useful economic treaty which Wasn't full of random shit before the USA somehow got itself involved?

But that'd be sane and reasonable!

I'd say it's amazing the USA isn't a pariah state yet, but in light of other factors, not so much. I'm kind of expecting it to eventially fall over much like the soviet union or various other empires though... not conquered, but collapsing due to inturnal rot.
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Anonymous Coward, 9 Dec 2013 @ 4:32pm

Re:
Corporations are interested in it. The RIAA is interested in it. Therefore, according to you, fuck the RIAA.
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Anonymous Coward, 9 Dec 2013 @ 4:37pm

The US is right up there with the most self serving corrupt nations on this planet. I must say the US used to be less obvious about it and more slick, perhaps its the internet that is the great equalizer. At this point the USTR is blatantly corporate worshiping in this agreement.
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Anonymous Coward, 9 Dec 2013 @ 5:07pm

Re: Re:
Its coming soon enough, but we'll go down from our out-of-control social entitlements sooner than anything else. It will probably take a couple of more decades.
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Anonymous Coward, 9 Dec 2013 @ 5:34pm

Re: Re: Re: Re: Umm, EXCEPT for all the corporations...
or right for that matter
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Anonymous Coward, 9 Dec 2013 @ 6:07pm

"Hell, the fact that so many other countries agree on so many other proposals suggests that perhaps they should just kick the US out and make their own agreement."

I have a better idea: how about these crony capitalists, corporate sovereigntists, and IP maximalists form their own country and leave the rest of us alone? They're the only ones who unironically want such sweeping powers, and it's not like we're going to sit there, do nothing, and bend over for The Man anyway if/when it goes in effect.

The American public wants none of this, and neither does the rest of the world.
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Anonymous Coward, 9 Dec 2013 @ 10:50pm

Re: Re: Re: Re: Umm, EXCEPT for all the corporations...
He is like the iPhone round on the edges.
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Violated (profile), 10 Dec 2013 @ 1:46am

I see that there are three options here...

1. Give in to the United States demands leading to a document hated by all but soon shot down in the political system.

2. Release the full TPPA document without the section covering copyright and patents when that may be passable.

3. Kick the United States out of the discussions then to spend the time needed to make TPPA more public friendly to then be celebrated as trade heroes.
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Anonymous Coward, 10 Dec 2013 @ 2:51am

Re: Re: Re: Re: Re: Umm, EXCEPT for all the corporations...
I see no Avenging Angles from Quentin Tarantino here.
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That One Guy (profile), 10 Dec 2013 @ 7:40am

Re:
#3 needs to be done in this case, and every case the US or any other country tries to secretly slip 'IP protection' clauses into trade agreements.

If they were really acting in the best interests of the public, they would have no problem making the texts public, the fact that they instead do everything they can to hide their activities can only mean that they are working against the public, and that should be completely unacceptable in any agreement between democratic countries.
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