LibertyVoice

The top 10 most downloaded movies on BitTorrent, ‘The Twilight Saga: New Moon’ tops the chart this week followed by ‘Funny People’. ’2012′ completes the top three.

A proposed new law will make it easier and cheaper for people to pursue their claims directly against insurers when the insured becomes insolvent.

The European Commission analysis of ACTA's Internet chapter has leaked, indicating that the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law (the EC posted the existence of the document last week but refused to make it publicly available).  The document contains detailed comments on the U.S. proposal, confirming the U.S. desire to promote a three-strikes and you're out policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy.

The document confirms that the U.S. proposal contains seven sections:

Paragraph 1 – General obligations.  These focus on "effective enforcement procedures" with expeditious remedies that deter further infringement.  The wording is similar to TRIPs Article 41, however, the EU notes that unlike the international treaty provisions, there is no statement that procedures shall be fair, equitable, and/or proportionate.  In other words, it seeks to remove some of the balance in the earlier treaties. 

Paragraph 2 – Third party liability.  The third party liability provisions focus on copyright, though the EU notes that it could (should) be extended to trademark and perhaps other IP infringement.  The goal of this section is to create an international minimum harmonization regarding the issue of what is called in some Member States "contributory copyright infringement".  The U.S. proposal would include "inducement" into the standard, something established in the U.S. Grokster case, but not found in many other countries.  This would result in a huge change in domestic law in many countries (including Canada) as the EU notes it goes beyond current eu law.

Paragraph 3 – Limitations on 3rd Party Liability.  This section spells out how an ISP may qualify for a safe harbour from the liability established in the earlier section.  These include an exemption for technical processes such as caching.  As reported earlier, ACTA would establish a required notice-and-takedown system, which goes beyond Canadian law (and beyond current EU law).  Moreover, ACTA clearly envisions opening the door to a three-strikes and you're out model, as the EU document states:

EU understands that footnote 6 provides for an example of a reasonable policy to address the unauthorized storage or transmission of protected materials. However, the issue of termination of subscriptions and accounts has been subject to much debate in several Member States. Furthermore, the issue of whether a subscription or an account may be terminated without prior court decision is still subject to negotiations between the European Parliament and the Council of Telecoms Ministers regarding the Telecoms Package.

Paragraph 4 – Anti-circumvention Provisions.  ACTA would require civil and criminal penalties associated with anti-circumvention provisions (legal protection for digital locks).  The EU notes that this goes beyond the requirements of the WIPO Internet treaties and beyond current EU law which "leaves a reasonable margin of discretion to Member States."  The EU also notes that there is no link between the anti-circumvention provisions and copyright exceptions.  The U.S. proposal also requires the anti-circumvention provisions to apply to TPMs that merely protect access to a work (rather than reproduction or making available).   This would again go beyond current EU law to include protection against circumventing technologies like region coding on DVDs.  From a Canadian perspective, none of this is currently domestic law.  As previously speculated, the clear intent is to establish a Global DMCA.

Paragraph 5 – Civil and Criminal Enforcement of Anti-Circumvention.  This section requires both civil and criminal provisions for the anti-circumvention rules, something not found in the WIPO Internet treaties. The anti-circumvention provisions are also designed to stop countries from establishing interoperability requirements (ie. the ability for consumers to play purchased music on different devices).  The EU notes that this not consistent with its law, which states "Compatibility and interoperability of the different systems should be encouraged."  Of course, might reasonable ask why such a provision is even in ACTA.

Paragraph 6 – Rights Management Information protection. This section includes similar criminal and civil requirements for rights management information.

Paragraph 7 – Limitations to Rights Management Information protection.

In summary, the EU analysis confirms the earlier leak (though the Internet chapter has seven sections, rather than five).  The fears about the U.S. intent with respect to ACTA are confirmed – extending the WIPO Internet treaties, creating a Global DMCA, promoting a three-strikes and you're out model, even stopping efforts to create interoperability mandates.  ACTA would render current Canadian copyright law virtually unrecognizable as the required changes go far beyond our current rules (and even those contemplated in prior reform bills).  This begs the question of whether the Department of Foreign Affairs negotiation mandate letter really goes this far given the domestic changes that would be required.  This latest leak also reinforces the need for all governments to come clean – releasing both the ACTA text and government analysis of the treaty should be a condition of any further participation in the talks.

Most other sites would have thrown in the towel by now, but despite unprecedented pressure, somehow The Pirate Bay remains alive and in pretty good health today. As one door closes, the site morphs and adapts to find ways to stay open and possibly even stay legal. Is the site becoming more and more difficult to shut down?

Hundreds and thousands of infringement warnings are sent out every year by copyright holders. In some cases the copyright holders also include a settlement request of a few hundred bucks. Very worrisome, especially since the outfits that collect the evidence often lack proof that the accused actually transferred the file in question.

This is a bit off from the usual Freedom to Tinker post, but with tomorrow being “Black Friday” and retailers offering some steep discounts on consumer electronics, many Tinker readers will be out there buying gear or will be offering buying advice to their friends.

Over the past several months, several friends of mine have mentioned that they were considering “moving up” to a D-SLR camera and asked me for advice. I’ve been what you might term a “serious amateur” photographer since high school, when I was the head photographer for the school yearbook and newspaper. (It was a non-trivial issue for me to decide whether to make my career in photography or in computers.)

To address this, I wrote a guide to upgrading your digital camera. I’ve written this for a non-technical audience. Pass it around and enjoy.

In a week where BitTorrent already lost its largest torrent indexer Mininova, a well-known private tracker has also announced that it will cease its operations. Rumors that the shutdown is related to the bust of the topsite LOOP earlier this week remain unconfirmed.

ZDNet is reporting , rather relevantly to Current Times, that a pub owner running an open wi fi hotspot has been “fined £8,000″ for infringing downloads by its customers. The information was provided by the Cloud, who provided the hot spot capabili…

For more than a year, BitTorrent search engine isoHunt has chased the Canadian music industry in court. In an act of self-defense, the founder of the site has sued the Canadian branch of the RIAA, asking the court to legalize its operations. After an initial setback, isoHunt submitted a full claim to the court this week.