Why ACTA isn’t just about copyright enforcement

Over at PublicActa.org.nz Jon Penney has written an excellent article about how artistic remix rights (what under New Zealand law calls Fair Dealing defenses) are eroded by DRM. Digital Restrictions/Rights Management is like a brick wall in front of legally purchased content that attempts to block legal or illegal use of material. Penney writes, “ACTA may create substantive a new civil and criminal offence— and indirectly conferring new “access control” rights on copyright holders they do not current possess— despite its pretensions as an “enforcement only” treaty.  Indeed, even putting aside current New Zealand law, ACTA is supposedly limited to enforcing copyright and intellectual property, not technology measures or access control.”

UPDATE We have just returned from a MFAT/MED briefing on ACTA. CFF Director Bronwyn Holloway-Smith asked about the stakeholder meeting and whether it was about international or domestic stakeholders. It apparently is the case that certain NZ stakeholders will be invited to meet international delegates and other domestic stakeholders. This is the first time this has happened in ACTA negotiations. They hoped that it would set some precedent for stakeholder involvement in other countries.

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