EU Parliament shoots down controversial copyright treaty; EU Commission ignores them

Meet CETA, the new ACTA

Acta, the Anti-Counterfeiting Trade Agreement, is a proposed international agreement which aims to create cross-national standards on what constitutions copyright infringement. This fantastic Wired primer goes into greater detail about it, but the short version is that it has been seen as Europe's answer to SOPA, the American law which sparked the wave of website blackouts in protest earlier this year.

The treaty was negotiated behind closed doors, and required signatories to criminalise civil copyright infringement, all while implying false equivalencies between piracy and counterfeiting. As with SOPA, it drew large – although more low key – protests, which appeared to have done the trick. Last Wednesday, the European Parliament voted overwhelmingly against Acta, 478 to 39.

Olivia Solon wrote:

In a statement, the EU recognised the "unprecedented direct lobbying by thousands of EU citizens who called on it to reject Acta, in street demonstrations, emails to MEPs and calls to their offices". It also acknowledged a petition that had been signed by 2.8 million citizens urging them to reject Acta.

But just because the parliament rejected Acta, doesn't mean the battle's won. The Canada-EU trade agreement, a pending agreement between the two nations, contains word-for-word the same clauses which made Acta so concerning.

The pressure group La Quadrature du Net writes that :

CETA literally contains the worst of ACTA, in particular: general obligations on enforcement, damages, injunctions, DRM circumvention, and border measure rules. The worst and most damaging parts for our freedoms online, criminal sanctions and intermediary liability, are word for word the same in ACTA and CETA.

In all coherence with last week's vote, the European Commission must drop CETA negotiations (or expurgate it from all the aforementioned, copyright-related provisions), or else be humiliated once again when the European parliament get to vote on CETA.

Canadian journalist Michael Geist breaks down the similiarities. For example, this is a passage from CETA; the bolded lines are straight from ACTA:

Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers of performances fixed in phonograms, or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances fixed in phonograms, and phonograms, which are not authorized by the authors, the performers of performances fixed in phonograms or the producers of phonograms concerned or permitted by law.

Other passages are even worse, reproduced verbatim.

Wired's Liat Clarke sums up the problem:

The 4 July vote saw the EU's trade committees publicly acknowledge the potentially dangerous vagaries in the agreement relating to civil liberties. But it seems to be just these vagaries that have reappeared in Ceta, including mention of "cooperative efforts" that could lead to ISPs being forced to take down content, compulsory disclosure of information on any user accused of copyright infringement and the incredibly ambiguous concept of weighing penalties on the accused of "any legitimate measure of value that may be submitted by the right holder, including lost profits".

Criminal liability for "aiding and abetting" infringement also crops up again, and is one of the key clauses that initially troubled EU trade committees since it suggests data centres and ISPs might be open to penalties ranging from prison time to extortionate fines. Ceta has already gained negative press due to clauses referring to EU pharmaceutical patent fees that could dramatically increase Canada's healthcare costs. Attention being drawn to these new obstacles could potentially scupper the agreement entirely.

Generally speaking, if a democratic body votes something down, it's not the prerogative of an undemocratic one to resurrect it. Clearly at the EU, things work differently.

Members of the European Parliament hold placards reading 'Hello democracy goodbye ACTA' as they take part in a vote on ACTA. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Barack Obama throws a Reaganesque baton of hope to Hillary Clinton

The 44th President's speech backing Clinton was also his swan song. 

Barack Obama looked at ease as he stepped up to praise Hillary Clinton and endorse her as the Democratic Presidential nominee.

To an upbeat soundtrack by U2 and cheers of his 2008 campaign slogan, "yes we can", he took to the podium at the Democratic convention. 

Borrowing the sunny optimism once so skilfully deployed by Republicans, Obama struck back against Republican nominee Donald Trump's "deeply pessimistic vision" of the United States.

He declared: "The America I know is full of courage and optimism and ingenuity. The America I know is decent and generous."

Like his wife Michelle, Obama painted Clinton as a grafter who wasn't in it for the fame. 

He praised her campaign when they were rivals for the Democratic nomination in 2008, and said that when she served as a member of his team he had "a front-row seat" to her intelligence, judgement and discipline. 

He declared: "I can say with confidence there has never been a man or a woman, not me, not Bill, nobody more qualified than Hillary Clinton to serve as president of the United States of America."

He then joked to Bill Clinton, the former President, who was standing applausing: "I hope you don't mind, Bill, but I was just telling the truth, man."

The two-terms President continually urged Democratic voters, many of whom originally backed Bernie Sanders, to get out and vote. "Democracy isn't a spectator sport," he said.

But while Obama was there to add some sparkle to the Clinton campaign, it was also an opportunity to shape his legacy. 

Commentators have often compared Obama to the popular Democratic President John F Kennedy, or the less popular but idealistic Jimmy Carter. 

Obama, though, has in the past praised the Republican President Ronald Reagan for changing the trajectory of US politics. 

In his speech, he borrowed from the "eternal optimist" to compare the Democrats with the Republicans. 

He said: "Ronald Reagan called America "a shining city on a hill." Donald Trump calls it "a divided crime scene" that only he can fix.

"It doesn't matter to him that illegal immigration and the crime rate are as low as they've been in decades, because he's not actually offering any real solutions to those issues. He's just offering slogans, and he's offering fear. He's betting that if he scares enough people, he might score just enough votes to win this election."

Obama praised a diverse country, where immigrant cultures combined: "That is America. That is America. Those bonds of affection, that common creed. We don't fear the future; we shape it, embrace it, as one people, stronger together than we are on our own."

The 44th President bowed out by referring to his 2008 campaign of hope, and telling voters "America, you have vindicated that hope". And he thanked them "for this incredible journey":

"I'm ready to pass the baton and do my part as a private citizen. So this year, in this election, I'm asking you to join me, to reject cynicism and reject fear and to summon what is best in us; to elect Hillary Clinton as the next president of the United States."

There is no doubt that Obama's warm audience was ready to pick up that baton and pass it on. Whether the wider country will be warmed up enough by his Reagan rhetoric remains to be seen. 

You can read the full speech here