Home Policy Regulation iiNet cleared, but TPPA will have final say
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COMMENT Back to the TPPA, the final arbiter in this dispute. No part of the treaty's text has been released by the US which is driving the talks. However, a leaked draft of the IP portions of the deal does not inspire much confidence.

The leaked draft has some scary proposals. Draconian measures are proposed to apply to ISPs. Laws will have to be put in place to require ISPs to co-operate with copyright owners in preventing unauthorised storage and transmission of copyrighted materials.

Legal liability for ISPs will extend beyond the provisions of the US Digital Millennium Copyright Act. Internet users will, by law, have to be identified by an ISP if copyright owners have given "effective notification of claimed infringement".

There is also a proposal to extend the copyright period to a minimum of 95 years from creation of a work to a maximum of 120 years. Parallel trade in any copyrighted goods is ruled out altogether in the draft.

US film studios have an excellent opportunity to put pressure on the Obama administration and get what they want - this, after all, is an election year when political parties are desperate for funds.

Hence, while today's victory is to be welcomed, I fear that the rights of Australian internet users are not very high on the list of priorities for US film studios and their proxies.

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Sam Varghese

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A professional journalist with decades of experience, Sam for nine years used DOS and then Windows, which led him to start experimenting with GNU/Linux in 1998. Since then he has written widely about the use of both free and open source software, and the people behind the code. His personal blog is titled Irregular Expression.

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