[p2p-research] Fwd: [opennetcoalition] ACTA and the European Commission: The great escape

[Michel Bauwens]

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Mon, Mar 22, 2010 at 10:47 PM
Subject: [opennetcoalition] ACTA and the European Commission: The great
escape
To: opennetcoalition at laquadrature.net


 Act Up-Paris / April / La Quadrature du Net  - For immediate release

Permanent link:
http://www.laquadrature.net/en/acta-and-the-european-commission-the-great-escape


ACTA and the European Commission: The great escape


*** Brussels, March 22nd, 2010 - Members of Act Up-Paris and La Quadrature
du Net attended this morning a « stakeholders meeting » on ACTA hosted by
the European Commission. Questions asked by the public faced a wall of
condescendence and disdain. Luc Devigne's answers did not reassure us. On
the contrary, they strenghtened Act Up-Paris, April and La Quadrature's
concerns that ACTA could endanger access to medicine, Free Software and
freedom of expression on the Net, while circumventing democratic processes.
***


Representative from the Trade Directorate General, and negociator of ACTA
for the EU, Luc Devigne, took great effort in not answering the questions he
was asked. What Mr. Devigne didn't say was more significant than what he did
say. According to him, all the analysis suggesting that the agreement under
negociation would dangerously impact fundamental freedoms on the Internet,
access to medicine in third world countries and the development of Free
Software are just "rumours" that should be dismissed.

We remain convinced of the opposite, as confirmed by the latest leaks and
analysis. More than ever, the scariest thing is the strong impression that
the whole negotiation process of ACTA is aimed at circumventing democratic
processes.

Several points raised by the negociator are calling for great concern:

 * Devigne refused to clarify the difference between fake medicines and
unlicensed generic drugs.

 * According to Devigne, customs officials could act upon suspicion (for
instance for the seizures of medicines on borders), without the intervention
of a judge, which is a clear negation of the right to a fair trial and could
have dreadful impact on access to medicine.

 * According to him, the notion of "commercial scale" used to define what
should be in or out the scope of ACTA, should not be defined, but left up to
interpretation by judges (when the entertainment industry apply the notion
of "commercial scale" to peer-to-peer filesharing per se as a commercial
scale!), which is a cause of major legal uncertainty and a threat to
individuals.

 * Devigne refused to clarify whether or not operators should restrict
Internet access through contract law, which would be the direct consequence
of increasing their legal liability through ACTA provisions (criminal
sanctions, civil injunctions, statutory damages, ...).

Until all these questions are answered, and the protection of fundamental
freedoms, free software and access to medication is guaranteed, ACTA should
be totally opposed.






** About la Quadrature du Net **


La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international NGOs
including the Electronic Frontier Foundation, the Open Society Institute and
Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net


** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room



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