EU ACTA Analysis Leaks: Confirms Plans For Global DMCA, Encourage 3 Strikes Model

“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.”

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