[LINK] itNews: End of Copyright-Absolutism's Dominance?

Roger Clarke Roger.Clarke at xamax.com.au
Wed Jul 11 08:26:52 AEST 2012

Why the US back-flipped on copyright in global treaty

By John Hilvert on Jul 11, 2012 7:00 AM (1 hour ago)

Opinion: Old arguments for ACTA and TPP no longer persuade.

The past six months has shown 2012 will be known as the year of 
significant changes in copyright policy and enforcement on the 

The "maximalist" approach often taken by copyright holders and 
lobbyists is not working the way it used to, as those in the 
negotiating seat have had to respond with a fairer, and less punitive 
approach to infringements.

Last week saw major defeats for anti-piracy groups in Europe and US.
The European Parliament resoundingly rejected ratification of the 
Anti-Counterfeiting Trade Agreement (ACTA) 478 to 39 votes, with 165 
abstentions. The rejection provided a large indication that the 
treaty, in its current form, was no longer acceptable.

In the same week, the US contingent to Trans-Pacific Partnership 
(TPP) negotiations also signalled a major concession in copyright 
talks, by pressing for "an appropriate balance" between rights 
holders and their content users.
"For the first time in any US trade agreement", the US Trade 
Representative proclaimed, negotiators for the Government would 
propose new copyright provisions "consistent with the 
internationally-recognized '3-step test'".

The provision would "obligate Parties to seek to achieve an 
appropriate balance in their copyright systems" through exceptions to 
copyright, and limitations to application of rights for criticism, 
comment, news reporting, teaching, scholarship, and research.


In Australia, a mood to ease up on the anti-piracy rhetoric is also 
apparent with the recent High Court judgment on ISP liabilities, 
music investigation body MIPI dropping its "piracy investigations" 
title and, more positively, the open inquiry into copyright reform by 
the Australian Law Reform Commission.


Roger Clarke                                 http://www.rogerclarke.com/
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Faculty of Law               University of NSW
Visiting Professor in Computer Science    Australian National University

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