TPP Also Locks In Broken Anti-Circumvention Rules That Destroy Your Freedoms

from the sad-to-see dept

We already wrote about how New Zealand has released some of the details about the finalized TPP agreement before the official text is released. The one we discussed is forcing participants into a "life plus 70 years" copyright term, even as the US had been exploring going back towards a life plus 50 regime like much of the rest of the world. That won't be possible any more.

Another issue revealed in the New Zealand announcement is that the TPP will similarly lock in an anti-circumvention clause. In the US, we have a really problematic anti-circumvention law in Section 1201 of the DMCA, which says it's against the law to circumvent "technological protection measures" even if for reasons that are perfectly legal and non-infringing. This has created a huge mess that threatens innovation in all sorts of problematic ways. It takes away our freedom to tinker with devices that we own. It also makes it illegal to do things that pretty much everyone agrees should be perfectly legal.

Earlier this year, some in Congress introduced a bill to fix Section 1201. However, that may not be possible after the TPP is agreed to. Again, the details matter, but here's what New Zealand has to say about this issue:

New Zealand has, however, agreed to extend its existing laws on technological protection measures (TPMs), which control access to digital content like music, TV programmes, films and software. Circumventing TPMs will be prohibited but exceptions will apply to ensure that people can still circumvent them where there is no copyright issue (for example, playing region-coded DVDs purchased from overseas) or where there is an existing copyright exception (for example, converting a book to braille).

So, yes, it appears there will be certain exceptions allowed, but again that gets the equation entirely backwards. At best, circumvention should be considered legal as the default, and the problem should only come in if the circumvention was done for the purpose of actual infringement. Starting from the position of "no circumvention" and then backdooring in "exceptions" massively hinders innovation by requiring permission before certain innovations are allowed.

Given how important this kind of innovation has been for the tech sector, it's disappointing in the extreme that the USTR has decided to lock this in and block all kinds of important innovations from moving forward. Once again, the USTR seems focused on protecting legacy industries while hamstringing innovative industries.

Filed Under: 1201, anti-circumvention, dmca, dmca 1201, freedom to tinker, new zealand, tpp, ustr

New Zealand Confirms That TPP Would Extend Copyright Terms In Many Countries, Block US Plans To Reduce Terms

from the total-failure dept

Previously leaked reports and drafts of the TPP agreement had showed that the US and Australia were strongly pushing other countries to extend the minimum copyright terms to "life plus 70 years," up from the international norm of "life plus 50 years." Mexico was actually pushing for life plus 100 at one point. This seemed bizarre to us. It's hard to see how anyone could legitimately support extending copyright terms, but the USTR refused to back down. This made no sense, given that here in the US, as we undergo a major copyright reform effort, even the head of the US Copyright Office has admitted that perhaps it's time to start moving back towards life plus 50 years here in the US.

So, now with the TPP concluded and no one willing to release the actual text, New Zealand has at least admitted that it and Canada caved and agreed to put "life plus 70" into the TPP.

TPP requires New Zealand to move to 70 years as well, but allows for a transition to do this over time.

This change could benefit New Zealand artists in some cases, but the benefits are likely to be modest. Extending the copyright period also means New Zealand consumers and businesses will forego savings they otherwise would have made from books, music and films coming off copyright earlier. The net cost of extending New Zealand’s copyright term from 50 to 70 years will be small to begin with and increases gradually over 20 years, reaching a relatively constant level after that. Over the very long term, including the initial 20-year period, the average annual cost is estimated to be around $55 million.

This is hugely problematic and, once again, shows how even if the TPP doesn't directly require changes to current US law, at the very least it locks in a very dumb provision that the US has already expressed interest in changing. And now we won't be able to because an unelected bureaucrat, negotiating behind closed doors with help from the MPAA & RIAA, pushed through provisions like this one.

Filed Under: copyright, copyright term extension, copyright terms, life plus 70, new zealand, public domain, tpp, ustr

After Pulling An All-Nighter, Negotiators Finish TPP; But Don't Expect To See The Text For A While

from the wait-and-wait-and-wait-and-wait dept

After negotiators failed to complete negotiations on the Trans Pacific Partnership (TPP) agreement a few months ago in Maui, there was some concern as to whether or not they'd ever be able to finish the agreement. They called a special negotiating session in Atlanta that began last week, and was supposed to last just a few days to "iron out the details." Except that got extended. And then extended again. And after promises of an announcement last night, they apparently brought in boxes of pizza and told reporters they were going to pull an all nighter to complete the agreement.

Because, of course, when trying to complete an agreement that could reshape global norms on investment, regulations, intellectual property and a little bit of trade... staying up all night sounds like a grand idea.

And just like you after staying up all night before your college finals, negotiators think that this all-nighter worked. This morning they announced a final deal.

But also that it won't be public for maybe a month or so. And then there will be some debate over it, but thanks to Congress caving in on fast track authority, Congress has almost no ability to point out flaws in the agreement. They can only give it a clean yes or no vote. In the announcement, negotiators (not surprisingly) played up all the tariffs that will be wiped out by this agreement. That's the one part that I'm fine with. Trade tariffs are a mostly bad idea, and getting rid of them is fine. But the TPP is not about trade. That's just a pretext.

The key parts are really about regulations and investment. Indeed, two of the big sticking points concerning patent-like exclusive rights on certain new pharmaceutical compounds ("biologics"), where the US was pushing for at least 12-year exclusivity periods to drive up the price of drugs around the globe, while Australia and other countries were pushing for five years. It sounds like there was a compromise that allows for a range from five to eight years, but, again, who the hell knows until we see the details. At the press conference, negotiators refused to give any details, other than suggesting they came up with text that pretends to satisfy everyone. That is, officially it's five years but there are "other regulations" that bring things closer to the US's demanded 12 years. Another point of contention was on the infamous corporate sovereignty provision, officially called "investor state dispute settlement" (ISDS), which is a boring sounding name for saying that foreign companies can take entire countries to special tribunals if they feel that new regulations in those countries negatively impact profits. These tribunals are a joke and put corporate interests over sovereign country interests.

The one real "compromise" here is that the agreement apparently excludes tobacco companies. As we've noted a few times in the past, tobacco companies have used these corporate sovereignty provisions in other trade agreements to sue countries that pass anti-smoking laws of any kind. Last year, the US floated this compromise idea, that if tobacco companies were excluded, the rest of ISDS would remain in place. And it sounds like that's what happened.

Either way, at some point the final text will be revealed and then there will be lots of shouting and screaming, but rest assured that the USTR and the Obama administration are going to fight like crazy to get this approved, because they (very stupidly) see this as part of Obama's "legacy." The compromises may make things a bit more difficult, because the compromises on pharmaceuticals and tobacco will piss off two of the biggest lobbyists in support of the agreement.

From the sound of things, the rest of the intellectual property chapter hasn't changed much since the May version leaked. It's unclear if the USTR ever did push for clearer fair use provisions as was rumored. Chances are they're not in there, but, again, we won't know for a bit, because... "secret trade deal."

And, really, the most sickening part in all of this, beyond the efforts to increase drug prices globally, beyond the efforts to extend copyright terms, beyond the efforts to limit fair use, beyond the efforts to give companies corporate sovereignty over nations... is the ridiculous willingness of the US government to look the other way on human trafficking/slave labor. As you may recall, part of the fast track authority was that this agreement could not include countries designated as human trafficking hot spots. Malaysia, one of the negotiating countries was included in that list. But, no problem, the State Department, for purely political purposes, upgraded Malaysia, even though the country has shown no improvement at all, and just two months earlier police had found 139 mass graves found along a path where migrant workers had been trafficked.

What a "legacy" for President Obama: "compromising" in a way that helps big companies sue countries that pass bad legislation, drive up the price of drugs, decrease access to culture... and look the other way on human trafficking. And now it's a "done" deal.

Filed Under: australia, corporate sovereignty, drug prices, human trafficking, isds, malaysia, tpp, transparency, us, ustr

Court Says USTR Can Continue To Keep The Public From Seeing The Trade Agreements They'll Be Subjected To

from the our-national-security-depends-on-it,-apparently dept

Towards the end of 2013, IP-Watch -- along with the Yale Media Freedom and Access Center -- filed a FOIA lawsuit against the USTR for its refusal to release its TPP draft documents. The USTR spent a year ignoring IP-Watch's William New's request before telling him the release of draft agreements would "harm national security."

What trade agreements have to do with "national security" is anyone's guess (especially since the USTR has cloaked the entire TPP proceedings in opacity), but the conclusion being drawn by this refusal is that the USTR feels the public has no right to know about trade agreements that affect the public.

A ruling has finally come down in the FOIA lawsuit and the court has granted the USTR the right to remain opaque.

As government negotiators dig into perhaps the final round of the Trans-Pacific Partnership trade negotiations this week in Atlanta, they may take comfort in knowing that nothing they are doing has to be shared with the public they represent until years after it is over. That’s because a federal district court in Manhattan decided this week, in a closely watched Freedom of Information Act case brought by Intellectual Property Watch, that draft texts of the trade deal can be kept secret.

The very small upside of this decision is that the court did find some of the USTR's arguments for secrecy suspect. While it did side with the USTR's arguments on the withheld draft agreements, it found the agency did not present credible justification for its use of some FOIA exemptions in regards to requested communications.

First and foremost, USTR’s declarations rely purely on conclusory statements from the agency itself, which simply proclaim that disclosure would complicate USTR’s future efforts. Even the sole piece of evidence meant to represent the views of actual private-sector actors comes from the agency’s declaration, and this too is vague and conclusory…

Critically, none of USTR’s explanations are document-specific, nor even category-specific. They are blanket assertions meant to cover all withholdings made under § 2155(g)(1) and Exemption 4…

[The] USTR’s bare assertions reporting secondhand concerns from the private sector constitute only weak evidence, at best.

The court also noted the USTR's arguments in favor of withholding information under Exemption 4 were undercut by wording in the agency's own policies.

In response to Plaintiffs’ argument that the withheld commercial or financial information is not “confidential” because it has already been shared among all ITAC members, USTR argues only that ITAC members are sworn to secrecy and cannot use information they receive via ITACs outside of those committees. But the obvious reply, absent from USTR’s briefs, is that USTR’s own Operations Manual states that information subject to Exemption 4 withholding will be kept from other ITAC members.

And if the USTR can't keep its own secrecy arguments straight, there's a good chance it has not performed the thorough examination of the contested documents it claimed it had.

As Plaintiffs argue, USTR’s failure to make this simple response raises questions about whether the agency has wrongly withheld information under Exemption 4 that has already been shared with other ITAC members. Finally, although the Court does not question USTR’s good faith in responding to this FOIA request, Plaintiffs are also correct to point out the troubling nature of USTR’s first round of responsive disclosures here, which apparently withheld 149 pages in full and redacted portions of 413 pages improperly, despite sworn declarations attesting to a line-by-line review of all the documents.

That being said, the court still won't be ordering the USTR to release draft TPP documents. The only thing it has done is order the agency to present documents explaining its withholding of certain communications under two FOIA exemptions. The bulk of the trade agreements will remain hidden away from the public -- this time with the court's blessing and thanks to the administration's advocacy on behalf of continued opacity.

Filed Under: foia, secrecy, tpp, transparency, ustr, william new
Companies: ip watch, yale

USTR So Transparent It Takes Three Months To Reveal Names Of TPP Chapters

from the yeah,-we-got-that dept

Negotiators had hoped to conclude the big Trans Pacific Partnership (TPP) agreement at the last negotiation round, thinking that since the US had finally granted fast track, all the obstacles were moved out of the way. That didn't happen, leading many to wonder if the entire agreement is doomed. However, as EFF recently explained there's still a ton going on behind the scenes (or, rather, behind closed doors). That discussion notes that the USTR has appointed one of its own top lawyers, Tim Reif, to be the USTR's new "chief transparency officer." Of course, giving lawyers new titles and actually being transparent are two very separate things.

The USTR's own posted update on the TPP is full of vague bullshit, rather than details. It comes across as standard "rah rah" propagranda, rather than a recognition that there is widespread disagreement among negotiating countries and widespread concern among the public around the globe about this agreement. It also ignores the fact that negotiators are way behind schedule and that the failure to conclude the agreement in Maui was a huge failure. Instead, the USTR pretends things are going along swimmingly. This either means the USTR actually believes this or it's lying to the public. Oh, and the only mention of "transparency" in the statement is to talk about how the USTR (again, negotiated entirely in secret) is supposed to "increase transparency" in policy making. Seriously:

Through TPP, we are seeking to make trade across the TPP region more seamless, including by improving the coherence of TPP regulatory systems, enhancing transparency in policy-making processes, and combatting corruption. These “good government” reforms also play an important role in ensuring fairness for American workers and small businesses.

If the goal is to increase transparency in policymaking, the USTR might as well begin at home. Because back on June 4th, Knowledge Ecology International (KEI) reached out to the USTR, via a FOIA request, asking for just the names of the TPP Chapters. Not the contents. Not the negotiating positions. Just the names of the freaking chapters. And it took until September 10th for the USTR to provide those.

Again, this is a simple request for the mere chapter headings of an agreement that the USTR is insisting is being put in place to increase transparency, and the USTR can't even respond to that within three months. This is not an organization that understands transparency. It's an organization that only lives by obfuscation and secrecy. That's no way for a democracy to be run.

Filed Under: tpp, transparency, ustr

More Experts Realizing That The TPP Is A Horrible And Dangerous Deal On Copyright

from the fix-it,-ustr dept

While the last round of TPP negotiations didn't lead to a deal, and some are questioning whether the agreement has effectively "stalled out," there's still plenty to be concerned about, and the TPP still has a decent chance of moving forward in the near future. David Post, who has studied copyright law and related issues for many years, has a fascinating article up discussing "some pretty nasty" aspects for copyright law, which are "lurking" in "a dark corner" of the agreement. He focuses on the issue of orphan works, which are works where the owner can't be found. As we've discussed in the past, the entire "problem" of orphan works is really a problem created by the automatic application of copyright, rather than requiring registration ("formalities.") By automatically having copyright cover everything, there is no way to easily track down many copyright holders for the purpose of licensing. The Copyright Office has been struggling for years on how to deal with this issue (never apparently willing to explore the issue of returning to a registration requirement). However, as we noted earlier this year, under the current draft of the TPP, the Copyright Office's own proposal on orphan works would not be allowed.

Post digs deeper on that issue, and highlights why the TPP would kill any realistic reform to deal with orphan works:

It appears that the latest version of the treaty contains, buried within its many hundreds of pages, language that could require the U.S. to scuttle its plans for a sensible revision of this kind. [I say that this “appears” to be the case, because, of course, the text of the TPP has not been revealed to the public, so all we have are leaked versions appearing from time to time on WikiLeaks.] Any provision of U.S. law that eliminated “pre-established damage” or “additional damages” for any class of works could be a violation of various TPP provisions requiring that such damages be made available, and it even appears that distribution of orphan works would have to subject the distributor to criminal copyright liability.

And, as he notes, this is actually a really big deal, even as some pretend that orphan works are just a small problem:

And if you’re still wondering “Is this really such a big deal?,” multiply it all by 10 million (or more). Remember Google Books? I don’t know about you, but I was pretty excited by the thought that every book ever published was going to be available to me over the Net — with all the lousy news out there, that sure sounded like a good thing for the human race, no? Well, the Google Books project foundered largely because of the orphan works problem. Even Google is not willing to take on $100 billion or so of potential exposure to infringement claims, and its attempts to reach a settlement that would have waived the rights of “orphan works” copyright holders to get statutory damages was unavailing — on the grounds that no court can approve a settlement waiving the statutory rights of persons who are not only not present in the courtroom to weigh in on the settlement, but who haven’t even been notified — because, of course, nobody knows who they are — that there is a settlement.

And yet, through a few choice phrases in the TPP, we may end up stuck with the orphan works problem... forever. That doesn't seem like a good policy decision, and it's not even one that the USTR will discuss publicly since the agreement is still "secret."

Filed Under: copyright, copyright office, david post, orphan works, tpp, ustr

MPAA Throws Hissy Fit Over USTR Even Thinking About Expanding Fair Use In TPP

from the oh-you-poor-babies dept

We've been discussing the concept of "fair use" and how ridiculous it is that the USTR seems to be ignoring it. Back in 2012 there was great fanfare out of the USTR, when they said, for the very first time, they'd be including "limitations and exceptions" in the TPP proposal. "Limitations and exceptions" being a misleading euphemism for fair use (and some other related concepts all focused on the public's rights). However, as we noted soon after, the leaked text showed that while it was true that this would be the first such agreement that included such a concept, it only did so by limiting the ability of countries to implement a full fair use regime.

Then, with the latest leak of the negotiating text (from right before the most recent round of negotiations) we noticed how ridiculous it was that the fair use section was voluntary while all the sections on copyright enforcement were mandatory. Specifically all the enforcement sections said that countries "shall" implement this or that. But when it came to "limitations and exceptions" it just said that countries "shall endeavour to achieve appropriate balance." In other words: you have to ratchet up copyright law, but with fair use, you know, maybe think about it and try your best.

With all this going on, apparently some tech/internet folks have been complaining to the USTR, and the USTR is actually considering reopening the negotiation on that point to improve the fair use bit. According to Maira Sutton at EFF:

As of last month, it seemed that all of the TPP countries had agreed to this language. In late July, however, tech companies' renewed pressure seemed to have changed the game. The USTR offered to go back in and revise these provisions ahead of the last negotiation round. According to a spokesperson for the U.S. Chamber of Commerce, in exchange for support for the controversial Fast Track legislation, the USTR promised to make the TPP's exceptions and limitations language more permissive and be a requirement, rather than being purely a suggestion, for all TPP countries.

And... guess who went ballistic? Yup. Hollywood.

According to Inside U.S. Trade, rightsholder groups like the Motion Picture Association of America (MPAA) are "livid" about the USTR's move to revisit the language on exceptions and limitations. They're pushing back hard, urging members of Congress—including every House member from California—to pressure the USTR not to touch these closed provisions. Why? Probably not because revisiting the language will actually cause any real harm to creators. The more likely explanation is that the copyright maximalists are worried that their tight grip over the USTR is slipping.

This isn't all that surprising. Remember, as part of the Sony email leak, one of the emails showed MPAA boss Chris Dodd freaking out about the possibility that the TPP might include some sort of fair use. From the letter Dodd sent to USTR Michael Froman::

I am writing to you today regarding your Wednesday remarks at the Center for American Progress. I am concerned about your suggestion that previous free trade agreements’ copyright provisions were unbalanced and that USTR has addressed this lack of balance by including “fair use” in the TPP. Quite to the contrary, the recently ratified US-Korea FTA was supported by a broad cross-section of US industry, from tech and the internet community to the copyright community, and furthermore has been held up as a model agreement.

As I know you are aware, the inclusion of “fair use” in free trade agreements is extremely controversial and divisive. The creative community has been, and remains, a strong and consistent supporter of free trade, but the potential export of fair use via these agreements raises serious concerns within the community I represent. Over the last 24 hours, I have received calls from my member companies questioning what they perceive as a significant shift in US trade policy and, as a consequence, the value of the TPP to their industry.

Amusingly, this is the same MPAA who ridiculously claims to love fair use. As Sutton notes, this reaction is almost certainly fear over losing lobbying control over the USTR -- a main channel through which it has pushed its agenda for the past few decades.

But there is another important point in Sutton's post: why should it require Google and other internet companies to step up before the USTR took this issue seriously? Plenty of us out here in the public have been arguing about this issue for years -- including in letters sent directly to the USTR. But we're totally ignored until "big industry" comes along and says the same thing. That's really messed up.

The big media lobbyists' theatrics over this minor amendment are embarrassing, but they do raise one important issue: our trade negotiators are a lot less interested in the needs of ordinary users and creators than the needs of powerful companies. Why else was a last-minute intervention by Google sufficient to bring the USTR back to the negotiating table on this topic, where the sustained interventions of EFF and 10 other major public interest groups from around the world were not?

These kinds of regulatory laundering efforts shouldn't be at the whims of big companies, whether or not you agree with the policies being pushed. I'm just as uncomfortable with internet companies pushing the agenda as I am with Hollywood companies doing so. This entire process has been a ridiculous lesson in corporate give aways with little interest for the public. The only thing "transparent" here is how the USTR is focused solely on the desires of big companies, with absolutely no concern for the public interest. That seems like a fairly big problem, especially considering that Congress basically abdicated its (Constitutionally-guaranteed) role to step in and block bad provisions of these agreements.

Filed Under: copyright, fair use, limitations and exceptions, public, public interest, tpp, ustr
Companies: google, mpaa

Why Does The TPP Repeatedly Require Stronger Copyright, But When It Comes To Public Rights... Makes It Voluntary?

from the what's-up-with-that? dept

We've already written a few stories about the newly leaked IP chapter of the Trans Pacific Partnership (TPP) agreement, and how the US is pushing back against any attempt to punish abusers or to support the public domain. But in going through the documents, another key fact strikes me. Throughout the document it's designed to absolutely require strict copyright laws and enforcement. But when it gets to the public's rights, the so-called "limitations and exceptions," the agreement tosses up a big fat "meh, that one's voluntary."

We've already pointed out how ridiculous it is to refer to things like fair use as a "limitation and exception" to copyright, when it should be the public's rights -- and copyright restrictions are, by their very nature, a limitation and exception on those natural rights. But it's even worse in the TPP. As you may recall, the USTR announced, with great fanfare back in 2012, that "for the first time" it was moving to include such "limitations and exceptions" in the TPP. The USTR thought that this would appease people who had been complaining about the entirely one-sided pro-copyright extremist position that it had been pushing for decades. Of course, when the details came out it showed that the USTR was really proposing a limit on fair use by proposing a rule that would act as a ceiling for the kind of fair use-like protections for the public that would be allowed.

Now, with the latest leak, there's something else that's noteworthy. Here's the text of the "limitations and exceptions" clause in the copyright section:

Article.GG.Y {Limitations and Exceptions}

Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.16.1, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired, or otherwise print disabled.

Notice the text I bolded: "shall endeavour." In other words, "well, you can try for it, but you don't need to do it." Now, look at basically all of the other text and it's straight up "shall." No "shall endeavour" for everything else. Everything else is required. Only the stuff about the public's rights lets countries not do it so long as they claim they tried. Here, just for comparison's sake, are just a few of the other "shall's":

Article QQ.G.1: {Copyright and Related Rights/Right of Reproduction}

Each Party shall provide that authors, performers, and producers of phonograms have the right to authorize or prohibit all reproductions of their works, performances, and phonograms in any manner or form, including in electronic form.

And...

each Party shall provide to authors the exclusive right to authorize or prohibit the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.

And...

Each Party shall provide to authors, performers, and producers of phonograms the right to authorize or prohibit the making available of the original and copies of their works, performances, and phonograms through sale or other transfer of ownership.

And...

Each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the performer or producer is also required.

Etc. etc. By my count, the copyright section includes thirteen "shall provide" and just the one measly "shall endeavour." And if you add in the enforcement section you get another thirty eight "shall provide" and just a single "shall endeavour" buried in a footnote unrelated to the key points in the document.

So, for those of you playing along at home, the message being sent by the TPP is pretty damn clear: when it comes to ratcheting up copyright and setting the ground rules for enforcement everything is required and every country must take part. Yet, when it comes to protecting the rights of the public and making sure copyright is more balanced to take into account the public... well, then it's optional.

I guess that's what happens when the public is not allowed a seat at the table, but the industry representatives get full time access to the document and the negotiators.

Filed Under: copyright, exceptions, fair use, limitations and exceptions, public rights, tpp, ustr

US Pushing To Kill Any Future Aereo With TPP

from the another-favor-for-hollywood dept

Just a few weeks ago, we were somewhat surprised to see a court rule in favor of FilmOn, an Aereo-clone, arguing that contrary to what was found in the Aereo case, FilmOn's internet streaming of network TV should be seen as the equivalent of a cable channel. That's important, because it means that the company can just pay Section 111 compulsory fees to the Copyright Office, and then it's free to stream broadcast (network) TV over the internet.

The TV networks are, not surprisingly, appealing this ruling, but they have a friend in the USTR, which is apparently looking to negotiate away this very possibility in the TPP. In the just leaked copyright chapter (from May, before the latest round), there's a provision pitched by the US that would demand no country allow any retransmission of TV on the internet without permission: If you can't see that, it says:

[US/SG/PE propose: CL/VN/MY/NZ/MX/CA/BN/JP oppose: No Party may permit the retransmission of television signals (whether terrestrial, cable, or satellite) on the Internet without the authorization of the right holder or right holders of the content of the signal [SG oppose: and, if any, of the signal].

Once again, the USTR shows that its purpose in these negotiations appears to be to carry water for the legacy industry and against new and innovative services. How is it helping American industry to oppose new innovative services?

Filed Under: internet, retransmission, streaming, tpp, tv, ustr
Companies: aereo, filmon

What Does USTR Have Against The Public Domain? Opposing TPP Provision In Support Of Public Domain

from the for-what-possible-reason? dept

Earlier, we wrote about some of the sections of the leaked IP chapter that KEI leaked yesterday. With the rest of the sections released today, there are some oddities worth calling out. For example, why is the USTR arguing against the public domain? In the section on Internet Service Providers (ISPs), there's a part that lists out what the "parties recognize" the need for, including "promoting innovation and creativity," "facilitating the diffusion of information, knowledge, technology, culture and the arts" and "foster competition and open and efficient markets." Right after that, a few countries suggest "acknowledging the importance of the public domain," and the US and Japan oppose this suggestion: Is that really something worth objecting to? And if so, why? Does the USTR not believe in the importance of the public domain? Is Michael Froman and the USTR negotiators really that out of touch with the importance of the public domain? Or is it yet another favor for their future employers in the entertainment industry?

Filed Under: copyright, public domain, tpp, ustr