TCLP 2010-01-20 Interview: Danny O’Brien on ACTA

This is a feature cast, an episode of The Command Line Podcast.

No listener feedback this week.

Due to the length of the interview, there is also no new hacker word of the week this week.

The feature this week is an interview with Danny O’Brien on ACTA. I was inspired to contact Danny after hearing him on FLOSS Weekly. In the course of the interview, we mention Michael Geist, Knowledge Ecology and Public Knowledge. Visit EFF to learn more about ACTA and the other issues on which Danny is working and take action at their action center.


Grab the detailed show notes with time offsets and additional links either as PDF or OPML. You can also grab the flac encoded audio from the Internet Archive.

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4 Replies to “TCLP 2010-01-20 Interview: Danny O’Brien on ACTA”

  1. The thing to remember if you are in the USA is that treaties PREVAIL over domestic law. Thus, all those prior court decisions in favour of the consumers no longer apply. A treaty can thus be used as a way for the government and its business partners to circumvent precedents from court cases.

    Sure, people talk about fair use, but liberal usage came about as due to a precedent from a court case. After ACTA is ratified, that liberal fair use precedent no longer is valid. The right of the consumer to have a backup copy will also be lost as that was also a precedent created from a court case. Limited forms of reverse engineering may also disappear as they were set by court precedent. Thus, things like the Ragnarok Online MMORPG eAthena emulator would be illegal (it currently is legal) if Gravity reported it.

    ACTA uses the “imminent” concept which isn’t really a thought crime. It means that sites creating imminent situations of copyright infringement would also be illegal. Thus torrent search sites (which don’t even host a tracker) would also be illegal as they foster _imminent_ conditions leading to copyright infringment.


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