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The Final Leaked TPP Text Is All That We Feared

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Re: The Final Leaked TPP Text Is All That We Feared

#2
KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335

A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg

HN discussion earlier today, https://news.ycombinator.com/item?id=10359604

From the EFF article:

> "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements used in the creation of infringing copies can also be destroyed (QQ.H.4(12)). The same applies to devices and products used for circumventing DRM or removing rights management information (QQ.H.4(17)). Because multi-use devices such as computers are used for a diverse range of purposes, this is once again a disproportionate penalty. This could lead to a family's home computer becoming seized simply because of its use in sharing files online, or for ripping Blu-Ray movies to a media center."

Is TPM/DRM circumvention allowed for personal, non-commercial use? If so, why would ripping Blu-Ray movies for personal use (e.g. watching on an airplane) lead to computer seizure, e.g. during border inspection?

Re: The Final Leaked TPP Text Is All That We Feared

#3
I still feel strongly that disrupting the flow of free entertainment is the one thing that will actually get people up and protesting. Rights and freedoms stripped away with regularity have minimal impact, but SOPA got the world riled up in fear that torrenting the next season of Game of Thrones was about to get mildly more difficult.

I suspect something similar will happen here.

Re: The Final Leaked TPP Text Is All That We Feared

#4

KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335 A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg HN discussion earlier today, https://news.ycombinator.com/item?id=10359604 From the EFF article: > "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements u…

From what I skimmed, no. The only exception is "lawfully authorized activities carried out for the purpose of law enforcement, essential security interests, or other related governmental purposes, such as performance of statutory functions" (QQ.G.13(b)).

Wonder how this fares with the EU Computer Program Directive.

Re: The Final Leaked TPP Text Is All That We Feared

#5

KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335 A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg HN discussion earlier today, https://news.ycombinator.com/item?id=10359604 From the EFF article: > "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements u…

Is TPM/DRM circumvention allowed for personal, non-commercial use?

No, the DMCA made it illegal a while back: http://www.howtogeek.com/138969/why-watching-dvds-on-linux-i...

Re: The Final Leaked TPP Text Is All That We Feared

#6

KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335 A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg HN discussion earlier today, https://news.ycombinator.com/item?id=10359604 From the EFF article: > "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements u…

> Is TPM/DRM circumvention allowed for personal, non-commercial use?

Probably not. AFAIK, it's a crime at the US, and TPP is said to clone the US law on this aspect.

UPDATE: Ouch, and that's for replying before reading it all. By the article, it's not a crime if it's not for commercial use, but still prohibited.

Re: The Final Leaked TPP Text Is All That We Feared

#7

KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335 A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg HN discussion earlier today, https://news.ycombinator.com/item?id=10359604 From the EFF article: > "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements u…

> Is TPM/DRM circumvention allowed for personal, non-commercial use?

Not by default:

> Although the TPP text does allow countries to pass exceptions that allow DRM circumvention for non-infringing uses, such exceptions are not mandatory, as they ought to be.

Re: The Final Leaked TPP Text Is All That We Feared

#8

KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335 A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg HN discussion earlier today, https://news.ycombinator.com/item?id=10359604 From the EFF article: > "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements u…

Ripping Blu-rays for personal use is copyright infringement in many jurisdictions. I'm not sure whether anyone's actually been prosecuted for it though.

Re: The Final Leaked TPP Text Is All That We Feared

#9
One thing EFF left out re: DMCA-style takedown laws: TPP member nations are required to require takedowns of content whenever a copyright owner _alleges_ there is infringement. But there is no requirement for a counter-notice or dispute process to get content restored. This could be a wholesale censorship process in countries that decide to have more restrictive laws.

Re: The Final Leaked TPP Text Is All That We Feared

#10

KEI has a roundup of commentary on the TPP IP chapter, http://www.keionline.org/node/2335 A 6-min explainer video on TPP and ISDS, https://youtube.com/watch?v=AABOIcXZZwg HN discussion earlier today, https://news.ycombinator.com/item?id=10359604 From the EFF article: > "One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements u…

> Is TPM/DRM circumvention allowed for personal, non-commercial use? Probably not. AFAIK, it's a crime at the US, and TPP is said to clone the US law on this aspect. UPDATE: Ouch, and that's for replying before reading it all. By the article, it's not a crime if it's not for commercial use, but still prohibited.

We need a flowchart which maps behavior to possible penalties: border inspections, pre-trial seizure of devices, criminal case, civil case, post-trial destruction of devices, penalties for third parties who aided circumvention.

Could TPP induce ISPs to block the websites of software vendors and OSS repos whose programs could be used for circumvention, e.g. VLC, Linux DVD viewing, etc.?

Edit: http://www.michaelgeist.ca/2015/10/canada-caves-on-copyright...

"Canada has now agreed to induce providers to “remove or disable” access to content upon becoming aware of a decision of a court of a copyright infringement. The broadly worded provision could force Canadian ISPs to block content on websites after being notified of a foreign court order – without first having to assess whether the site is even legal under Canadian law."

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