The UK Government said it will oppose international moves to criminalise
illegal file sharing, Computeractive has learned.
A
document leaked by French advocacy group
La
Quadrature du Net shows that EU negotiators want criminal sanctions
introduced into the international
Anti-Counterfeiting
Trade Agreement (Acta).
The Acta Chapter 2 Criminal Provisions of the leaked document say that "each
party shall provide for effective proportionate and dissuasive penalties"
including "imprisonment and monetary fines".
The document also states that citizens could be held liable for copyright
infringement if they are believed to have "incited, aided and abetted" its
undertaking.
In addition the EU proposals call for the seizure of “any related materials
and implements used in the commission of the alleged offence”. This could lead
to people having their PCs seized.
But the UK Government has said these are not appropriate penalties for
copyright infringement.
"Acta should not introduce new intellectual property laws or offences.
Instead, it should provide a framework to better enforce existing laws.
"The UK is opposed to the creation of new criminal offences at UK or EU level
through Acta,” a representative for the UK’s
Intellectual
Property Office (IPO) told Computeractive.
Jim Killock, chief executive of the
Open Rights Group (ORG) said he
was glad that the Government has made its position clear to Computeractive. But
he also said it needs to make this opposition more public and clear to the US
and EU.
“It will be intriguing to see if this opposition is reflected in the next
round. They can refuse to sign," he said.
But he went on to warn that if these copyright proposals are not fought and
go through, it would mean pushing new legislation through the back door and
harsher punishments for civil offence in the UK.
The Acta negotiations between the European Commission, governments of the
United States, Japan, Switzerland, Australia, New Zealand, South Korea, Canada,
and Mexico are taking place to address the problems of counterfeiting,
copyright and other intellectual property issues.
The talks, which began in October 2006, have caused huge controversy because
they have been held in secret.
More than 80 non-governmental organisations from all over the world
(including
Consumers
International,
Reporters
without Borders, the
Free
Software Foundation and the
Electronic
Frontier Foundation) have condemned the secrecy and signed an open letter
strongly opposing Acta.
The ninth round of negotiations is currently being held in Lucerne,
Switzerland. A further round of talks is expected to be held in about six months
time.
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