Michael Geist – EU ACTA Analysis Leaks: Confirms Plans For Global DMCA, Encourage 3 Strikes Model
Michael Geist has posted a summary of the leaked EU ACTA analysis. Some highlights:
- Third party liability
- Limitations on 3rd Party Liability
- Anti-circumvention Provisions
- Civil and Criminal Enforcement of Anti-Circumvention
- Rights Management Information protection
- Limitations to Rights Management Information protection
The anti-circumvention provisions, while not entirely out of line with U.S. law, are a bit troubling as it’s not yet clear whether circumvention for established fair use (such as education) would be allowed.
Even more troubling are the limitations on 3rd party liability. If service providers (like YouTube) no longer enjoy “safe harbor,” or legal protection from copyright infringement lawsuits for materials their users upload, the entire landscape of “user generated content” or “remix culture” may drastically change.
Perhaps more transparency would bring much needed balance to this treaty!