The Phaserl


The Final Leaked TPP Text Is All That We Feared

by Jeremy Malcolm, Activist Post:

Today’s release by WikiLeaks of what is believed to be the current and essentially final version of the intellectual property (IP) chapter of the Trans-Pacific Partnership (TPP) confirms our worst fears about the agreement, and dashes the few hopes that we held out that its most onerous provisions wouldn’t survive to the end of the negotiations.

Since we now have the agreed text, we’ll be including some paragraph references that you can cross-reference for yourself—but be aware that some of them contain placeholders like “x” that may change in the cleaned-up text. Also, our analysis here is limited to the copyright and Internet-related provisions of the chapter, but analyses of the impacts of other parts of the chapter have been published by WikiLeaks and others.

Binding Rules for Rightsholders, Soft Guidelines for Users

If you skim the chapter without knowing what you’re looking for, it may come across as being quite balanced, including references to the need for IP rules to further the “mutual advantage of producers and users” (QQ.A.X), to “facilitate the diffusion of information” (QQ.A.Z), and recognizing the “importance of a rich and accessible public domain” (QQ.B.x). But that’s how it’s meant to look, and taking this at face value would be a big mistake.

If you dig deeper, you’ll notice that all of the provisions that recognize the rights of the public are non-binding, whereas almost everything that benefits rightsholders is binding. That paragraph on the public domain, for example, used to be much stronger in the first leaked draft, with specific obligations to identify, preserve and promote access to public domain material. All of that has now been lost in favor of a feeble, feel-good platitude that imposes no concrete obligations on the TPP parties whatsoever.

Another, and perhaps the most egregious example of this bias against users is the important provision on limitations and exceptions to copyright (QQ.G.17). In a pitifully ineffectual nod towards users, it suggests that parties “endeavor to achieve an appropriate balance in its copyright and related rights system,” but imposes no hard obligations for them to do so, nor even offers U.S.-style fair use as a template that they might follow. The fact that even big tech was ultimately unable to move the USTR on this issue speaks volumes about how utterly captured by Hollywood the agency is.

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3 comments to The Final Leaked TPP Text Is All That We Feared

  • Craig escaped from Detroit

    It appears that the world needs a PIRATE NETWORK.
    Even a ROGUE network that may use a “mesh network” of wi-fi routers all connected together, with complete BYPASSING all the “infrastructure” of the mainstream corporations.

    Completely P2P without ATT, Comcast, WOW, Hughes, Verizon, Sprint, T-Mobile, etc etc.

    It has been demonstrated & the hardware is out there. Just some extra routers with roof top antennas, boosted power, etc.

    Probably similar to the old BBS systems, but better.

    I’ve thought, that it would work even better, with some i.r. LED Lasers doing the communication, and pointing them at the local city water tower as the target, or a tall building, billboards, etc. So instead of doing FIBER optics to carry the light beam, don’t bother using the fiber, just shoot the light beams at some common target, and have an optical telescope, etc, pointed at the target to receive the signals.

  • mangrove

    Here’s what I don’t get. This was “leaked” from Wikileaks, which is a government-controlled fake organization. If it weren’t fake, we would have had ample leaks about 9/11 and what really happened and who was behind it. Same with Snowden — he claims to have incredible wealth of data, and yet props up the official story of 9/11 when interviewed last year.

    So, given that the TPP was provided by Wikileaks and that Wikileads is state-sponsored, we have to assume the leak was intentional. But why? What’s the game? Why let us know about the coming tyranny in advance? With Snowden, I assumed it was to intimidate us into silence or at least conformity since he let us know that Big Brother is watching us and logging every thing we do, say, and communicate. So, perhaps this is just more of the same — intimidation? But if they’re going to pass the law anyway, then wouldn’t that BE the ultimate intimidation?

    Or, perhaps leaking the TPP now is designed to gauge public opinion in advance — to see how many people contact their representatives? To see how many protests pop up around the world? I dunno. Maybe they’re just rubbing their total power grab in our faces for the fun of it. What say you, dear reader?

    Oh, and I love the irony of Julian Assange already doing all of these illegal acts using the internet, the very place where the rest of us will be criminals if we even say something “inappropriate.” Further proof that he’s a fake — because if they wanted to shut that dude and that organization down, they’d have done it years ago. He’s just a pretty boy useful asset.

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