US exports DMCA in trade treaty

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
Congress is being asked to approve a trade agreement with Chile that would export a controversial US law: the Digital Millennium Copyright Act. In a letter to Capitol Hill sent on Tuesday, President George W. Bush said the bilateral pact was necessary to enhance the prosperity of both countries and to "increase competition and consumer choice." One chapter of the complex agreement closely mirrors the Digital Millennium Copyright Act (DMCA), affirming both nations' commitment to punishing people who bypass copy-protection technologies -- such as those used in most DVDs, a relatively small percentage of CDs, many videogames and some computer software. In 1998, the US Congress enacted the DMCA over the objections of some librarians and computer scientists who see it as a threat to security research and to legitimate uses of copyrighted materials. According to a recent version of the proposed pact, Chile must punish with civil penalties -- and in, some cases, criminal sanctions -- "any person who knowingly circumvents" any technological measure that controls access to a copyrighted work. In addition, both nations agree to punish people who distribute software or hardware that "do not have a commercially significant purpose or use other than to circumvent any effective technological measure." In May, the United States and Singapore signed a free-trade agreement (FTA) with nearly identical provisions. The agreement "breaks new ground in emerging areas like e-commerce," Singapore prime minister Goh Chok Tong said at the time. "It also establishes high standards in intellectual property, transparency and customs. The FTA will expand opportunities for American businesses in Singapore. More importantly, the US-Singapore FTA can be a model for other FTAs." In his letter to Congress on Tuesday, Bush said the Chile pact "provides for state-of-the-art intellectual property protection and recognises the importance of trade in the digital age by including significant commitments on trade in digital products." Anti-circumvention regulations are just one part of the long and complex agreement, which was imperilled after Chile did not back a UN Security Council resolution on Iraq. But the Bush administration eventually completed the process, which resulted in a treaty that relaxes trade barriers and says that the sale of digital goods via the Internet will not be taxed: "Neither Party may apply customs duties on digital products of the other Party transmitted electronically." Two bills that would defang the DMCA have been introduced in the US Congress. The bills take different approaches, but both would rewrite section 1201 of the DMCA to allow circumvention for non-infringing purposes such as making a backup or taking a short excerpt of a video or music file. Neither has had a hearing.
See the Digital Rights News Section for the latest on DVD-RAM, DVD-RW, zoning and copy protection. Let the editors know what you think in the Mailroom.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

2 hours ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

4 hours ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

9 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

19 hours ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

1 day ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

1 day ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

1 day ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

1 day ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

2 days ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

2 days ago by bdantas on A tale of two distros: Ubuntu and Linux Mint