BREIN pleads for inclusion of online environment in ACTA

A large number of Western countries, in which European nations are represented by the EU, is negotiating a common policy on enforcing intellectual property and fighting piracy since 2007. These negotiations, the Anti Counterfeit Trade Agreement, ACTA in short, is predominantly aimed at compliance with patent laws and reducing the number of counterfeit goods such as medicines or Louis Vuitton bags, but also contains a proposal to make agreements on the online distribution of digital media.

The ACTA negotiations occur behind closed doors, which is not uncommon when trying to establish international treaties.

Civil rights organisations and ISPs have acted against the proposal to include the online environment in the treaty. The Electronic Frontier Foundation, for example, views the plans as a way to force upon the world a global three strikes policy. “The proposals have nothing to do with fighting counterfeit goods, but form a system of copyright pressure for the world wide web, including the obligation for ISPs to comply with a three strikes policy”, states Webwereld.

If ISPs would choose not to comply, they would lose their ‘safe harbors’ and would be liable for any copyright infringements by their clients.

This is not completely true. According to a leaked document of the European Commission, there are safe harbors for ISPs as long as they take steps to fight piracy. Three strikes regulations are an option, not an obligation.

In a letter to undersecretary for Economic Affairs Heemskerk, BREIN clarifies why the organisation thinks it is important that the ACTA negotiations do include digital distribution.

According to BREIN, the production of intellectual property contributes for 5,9% to the Dutch economy and is an important export product for The Netherlands. When copyright is not enforced, not only content producers suffer, but indirectly also society as a whole through missed tax income, loss of employment and decreasing cultural diversity.

Therefore, BREIN requests the undersecretary to make policies to counter any kind of piracy in the ACTA negotiations, including piracy in the online environment.

A number of United States senators and representatives have stated that the rights and interests of consumers are not safeguarded sufficiently. “Left out of the ACTA text are the elements most favorable to consumers, including those intended to curb anticompetitive practices, and to protect innovation. The result is an agreement that is therefore unbalanced.”