What are the chances that this will not be passed by congress? Is there enough animosity that might stop this? I'm really hoping for some serious partisan bickering and ridiculous Obama hate here or is this treaty so horrible (yes it is) that our representatives intend to push it through no matter what?
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
#32The WHOIS-privacy thing is a little troubling. As a workaround, would it be possible to create a "domain purchasing group" as a front for private ownership? (Primarily for stopping passive information leaks, not necessarily to prevent active / legal information requests.)
Isn't that what current WHOIS privacy is? The way I understand it is that if you currently have WHOIS privacy enabled, technically the domain doesn't belong to you but to the registrar who is providing the WHOIS privacy.
Re: The Final Leaked TPP Text Is All That We Feared
#33One 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.
This is where we are at anyway, no laws needed. A few select YouTube content partners allege infringement, there is no recourse, there is no law that gives you leverage for complaints made in bad faith, and just like that you are now excluded from the monopoly in online video.
Re: The Final Leaked TPP Text Is All That We Feared
#34Weren't there also thousands of tariffs removed? The economic advantages of that might outweigh any loses from tighter copyright, and I suspect was the carrot the US used to get all the copyright concessions. Everyone wants to export to the US but the US is traditionally too protectionist.
Looking on the bright side of copyright. You never have to use somebody else's copyright work. You can always just make your own if you really want. Using somebody else's is just easier but not obligatory. See the popularity of open source software as a recourse against copyright restrictions on the commercial equivalents.
Re: The Final Leaked TPP Text Is All That We Feared
#35What are the chances that this will not be passed by congress? Is there enough animosity that might stop this? I'm really hoping for some serious partisan bickering and ridiculous Obama hate here or is this treaty so horrible (yes it is) that our representatives intend to push it through no matter what?
Obama stands arm-in-arm with Congressional Republicans in wanting this passed. So he's in great company. Some Congressional Democrats are against it.
Re: The Final Leaked TPP Text Is All That We Feared
#36What about works that are already in the Public Domain but would not have qualified under the new laws? Will they revert back to the copyright holder?
Re: The Final Leaked TPP Text Is All That We Feared
#37To me, code is much more of a long term threat to the power structure than intellectual property theft is. I'm wondering how long before we have government-sanctioned libraries, languages, and chipsets that we may develop for. I see this TPP as power consolidating ahead of any looming citizen revolt in order to chop it off at the knees. It's very weird and awesome to watch.
I do chuckle about all this though because these moves are so clumsy and obvious. And recently the spokesmouths of the powerful have been SO ineffective. The Jade Helm scare-o-tron rollout was completely botched and scrapped as far as I can tell. Selling a war with Syria was also completely botched. Kerry has been a fool as sec. of state and never met a war he didn't like, talks about going to war all the time to the press with no context. CIA and arms deals in Benghazi and the sloppy coverup around that, we FUBAR'ed Libya for no good reason. Obama openly threatening whistleblowers like a douche. Republican establishment is losing its grip on the reins and losing containment of the growing number of dissenting voices. If I were the archons in power behind the scenes, I'd be concerned.
As a developer, if I wanted to - REALLY wanted to - I feel like I could upend all of their power and diminish their relevance. I wouldn't do it with anarchy or hacktivism or whatnot because that destruction is desperate and ultimately self-defeating. Instead, I'd take the constructive route and build an alternate system to the internet that resists regulation and rewards the decentralization of server computing power and storage.
I have a day job that pays just fine and I live a peaceful life with my family where I get to enjoy a lot of personal freedom. I don't take a lot of action today other than to avoid the social networks like the plague. I think the trigger for me to act will be when my ox gets gored somehow by these new regulations. Or, perhaps if we go to war with some rogue state who dares violate the intellectual property rights of Disney, etc.
Re: The Final Leaked TPP Text Is All That We Feared
#38The WHOIS-privacy thing is a little troubling. As a workaround, would it be possible to create a "domain purchasing group" as a front for private ownership? (Primarily for stopping passive information leaks, not necessarily to prevent active / legal information requests.)
Isn't that what current WHOIS privacy is? The way I understand it is that if you currently have WHOIS privacy enabled, technically the domain doesn't belong to you but to the registrar who is providing the WHOIS privacy.
I thought so too, but the occasional restriction (e.g. Namecheap prevent using WhoisGuard on .ca/.uk domains) makes it seem like the technique isn't generally applicable.
On second glance the submitted article doesn't specifically mention WHOIS - perhaps i just read too far into it and it's only intended to stop junk data, which is a lot more defensible.
Re: The Final Leaked TPP Text Is All That We Feared
#39Earlier quoted context omitted.
They are only stakeholders through imposition of laws such as those proposed. A more likely future is that most content will be new and not controlled by MPAA or RIAA. These legacy content holders will fade from relevance as their content is duplicated beyond their control and, even more importantly, rarely ever accessed.
I like your optimism, bully for you, and that's a great idea. But I fear that the ISP/"rightsholder" conglomerates, like Comcast/NBC, will only let very select, RIAA and MPAA owned content through.
>will only let very select, RIAA and MPAA owned content through
What do you mean? Comcast/NBC will only let RIAA and MPAA broadcast over their networks? No indies?
Re: The Final Leaked TPP Text Is All That We Feared
#40KEI 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.
There can't be any conflict between TPP and EU directives, as a bunch of very important countries participate in TPP but noone from EU.