Advert

Acta debate taken to university

Photo: Jason Borg

Photo: Jason Borg

Nationalist MEP Simon Busuttil described Acta this afternoon as an agreement to further strengthen enforcement in the fight against counterfeit and piracy. But Labour MEP Edward Scicluna said he was against it, because he did not want people to rummage through his luggage to see if he had any counterfeit products. This, he said, was one of the provisions of the agreement.

Acta, the anti-counterfeiting trade agreement was the subject of a well-attended KSU debate at the University.

Dr Busuttil said he was positively inclined to Acta because it aimed to strengthen enforcement in the fight against counterfeit and piracy. EU countries including Malta already have strong legislation on these two issues but this agreement sought to focus on the enforcement aspect.

"In principle I cannot object to it because I am in favour of the fight against counterfeit and piracy because itius illegal and because there are thousands of people in Malta who are working for Maltese companies producing goods or software who could be victims of false products. Their job is at risk everyday because of counterfeit and pirate products.

People were looking at Acta in a negative way because of the impression they got that it will restrict internet use and freedoms. But the downloading of films or music is already illegal. He noted that the EP has not yet voted on the matter but will vote on it probably in June.

In the meantime there was space for debate.

"Although in principle I am not against it I am open to what people have to say about it. If the negatives outweigh the positives I am willing to vote against," Dr Busuttil said.

Edward Scicluna appealed to students not to try and understand the details of Acta but rather to see who the players behind it are.

"Crime prevention and policing comes at a cost because it interferes with our freedoms. I am not in favour of economic crime but one has to balance the cost of interference with civil liberties.

The European Socialist Party was suspicious of this agreement from the outset and there was a healthy dose of scepticism.

Prof. Scicluna said he was against Acta because he did not want people to rummage through his luggage to see if he had any counterfeit products. This was one of the provisions of Acta.

But lawyer Antonio Ghio, who specialises in intellectual property rights, said the clause regarding travellers personal luggage was preceded by the word may not should because crossing a border with a counterfeit bag was different to crossing a border with a container of counterfeit bags. This strengthened the fact that personal privacy would not be violated

He said Acta was trying to achieve a level of harmonisation with respect to enforcement of intellectual property rights and tried to reach a consensus of how these rights could be protected.

"The myth that it will restrict freedom of expression or that Acta will turn internet users into criminals and ISPs into policemen is all rubbish," he said adding that most of the provisions of Acta were already part of Maltese laws.

The big question that should be answered, he said, was why Malta and other countries were signing the agreement if it was already covered in their laws.

He drew a parallel to the Convention of Human Rights and said that similarly Malta had subscribed to convention even though its contents were already enshrined in its laws.

Asked about the lack of transparency behind the agreement, Dr Busuttil admitted that it was not completely transparent because negotiations had been underway since 2008 or earlier.

These were always held behind closed doors but this does not mean that the whole process was not transparent. There was a draft agreement in 2008 and another draft agreement in 2010. This has been in the public domain since 2010 but it did not hit the media so people did not know about it. He said there was an element of secrecy about Acta but it was now before MPs who had the final say. If they said no, Acta would be dead. He also said that it was not clear yet whether this had to be approved by all EU countries for it to come into effect.

Prof. Scicluna said people had to beware of big industries who were pushing for this agreement. He mentioned as an example the tobacco industry and the impact this had on civil society and the pharmaceutical industry.

Big industries were going to protect their properties but this should not be done at the cost of interfering with civil liberties. He also said that downloading a film illegally did not mean that the police would come knocking at one's door to arrest him but the agreement would target people providing this service for economic gain.

Prof. Scicluna will be attending the protest against Acta on Saturday.

Advert

77 Comments

Post comment

Comments are submitted under the express understanding and condition that the editor may, and is authorised to, disclose any/all of the above personal information to any person or entity requesting the information for the purposes of legal action on grounds that such person or entity is aggrieved by any comment so submitted.

At this time your comment will not be displayed immediately upon posting. Please allow some time for your comment to be moderated before it is displayed.

Your User Profile is incomplete.
Please click here to complete your profile before posting comments.

Emmanuel Carabott

Feb 9th, 09:48

You make a very valid point mr Scerri but not the one you were hoping for I am afraid. The problem with ACTA is it tries to deal with too many things at once using a huge net that captures everything in its path. Lets take Drugs for example. You made a small mistake in lumping together two different and separate things. There are counterfeit drugs and there are generic drugs which are different. Counterfeit drugs are fake drugs that are as you say dangerous since you wouldn't know what is really in them. Generic drugs on the other hand are drugs which aren't covered by patents and which other companies then the one who invented it start selling under a generic name (generally the active ingredient) since they do not own the brandname. They are essentially the same thing but for a fraction of the price.

One fear regarding ACTA is it might prevent the generic drugs market which saves lives! Think I am exaggerating the issue? there was a case in the USA where a particular pharmaceutical company convinced the FDA to grant it sole control over a particular drug. The FDA for some reason granted the request and the next week the price of the drug increased from $10 a dose to $1500 a dose! http://www.naturalnews.com/031684_FDA_drug_monopoly.html

Pharmaceutical companies are businesses as such they want to maximize their profits naturally and they have products which people are will to pay any price for! without competition it is natural to expect prices to sky rocket. removing the generic drug market essentially grants a monopoly to each drug company and to me thats scary!

Further more it is important to point out that selling any unlicensed drugs such as the case with counterfeit drugs is illegal today, ACTA will not be helping there! the laws are already in place.

John Scerri

Feb 9th, 08:48

Le m'intix sejra zball Rachel .......favur il-liberta..... iva .......favur il - libertinagg...... Le.

ACTA ser tipprova tnaqqas il - libertinagg mhux il- liberta`.

Nathaniel Caruana

Feb 9th, 07:52

Well Said Mr.Borg, Pajjiz Demokratiku bla Liberta,X'Pajjiz Demokratiku hu!?

Franco Farrugia

Feb 8th, 20:01

Fil-fatt huma kategorija bhal tal-monti, li qedin jigu primarjament 'attakkati' permezz tal-Acta!

Francis Coquelin

Feb 8th, 18:06

And your point is?

Emmanuel Carabott

Feb 8th, 19:00

1984 is a tale about a police state where every action you do is monitored and you get punished for anything that is considered wrong by the government. The analogy fits if indeed ISPs choose to inspect all traffic for infringement in order to indemnify themselves. It would be the same thing as the post office opening every letter to ensure none of them contain anything Illegal. Would you like to live in such a world cause most of us do not!

Alex Ellul

Feb 8th, 23:10

The CIA has the ability to monitor all internet e-mails, chats etc, filtering key words , not only English. I trustthat this is all to protect us all from terror and it's terrorist disseminators, But there,s always a but. Where does one draw the line? ACTA is an over-reaction to few kids having fun sharing electronic files that may contain copied information.
Most probably we will end up chasing these kids for downloading some Hollywoodian movie, while the real criminals would be able to disseminate hard porn without restrain.

Bernard Mamo

Feb 9th, 01:47

Thanks mr.Carabott. You summarised the utopian state quite nicely. Pity some some people are too keyboard happy!

Francis Coquelin

Feb 8th, 18:13

That's right. Even as we speak the EU bureaucrats are taping our every word. Now if you'll excuse me I'm off to Buskett so I can hug a few trees.

Luke Scicluna

Feb 8th, 19:07

nailed it.

Practically, we will be forced to buy every movie we watch.

Alone.

Because if your friends are over and watching it with you, its sharing and youll be prosecuted too.

Franco Farrugia

Feb 8th, 17:43

No, that is not what ACTA wants.

Francis Coquelin

Feb 8th, 18:07

Ha ha. Good one.

Franco Farrugia

Feb 8th, 17:43

No: Prof Scicluna is wrong, here. It's like shooting down the messenger instead of the message. You have to read ACTA properly, and arrive at your own opinion. You do not simply say 'No' to Acta - by the way, you have a problem with your 'A'-key there - but you have to protest about certain parts of it.

Francis Coquelin

Feb 8th, 17:31

Yawn .............

Frans Aguis

Feb 8th, 17:47

@Francis surely you meant bahh bahh

Francis Coquelin

Feb 8th, 18:14

Frans, sheep have to yawn too.

George Azzopardi

Feb 8th, 16:58

I say again and again ... this is just for the rich to get richer ....

m. borg (slm)

Feb 8th, 17:06

So according to you the police have every right to come to your house and make a search without a warrant, this is what your reasoning amounts to.
Search without reasonable suspicion and indiscriminately

m. borg (slm)

Feb 8th, 17:07

By the way customs duty have been abolished since we entered the EU, shows your lack of knowledge about the EU.

Matthew Bugeja

Feb 8th, 17:13

Do you really mean to tell me that you trust politicians and corporations so much that you are willing to ignore all the potential for abuse in ACTA? just because the PN MEP says so?

Frans Aguis

Feb 8th, 17:50

Your luggage is checked when you go to the airport for safety reasons, not when you get home to make sure you don't have anything stolen.
Your letters aren't opened before they get to you to make sure nothing patented is on them.
No that doesn't already happen

Guido Farrugia

Feb 8th, 18:17

Your levels are understood, addressing Profs Scicluna, Dwardu. So i opted for what the Profs has to say and ignore your comments. It's so obvious what your intentions are.

Franco Farrugia

Feb 8th, 16:58

If you read ACTA in its entirety, more than once - I had to read it at last 5 times! - you should, at least, come to the understanding that ACTA is NOT all rubbish. On the contrary: there are many valid and good points, which are there to protect an industry that gives job opportunities to thousands upon thousands of Europeans. And this is exactly what the EU is trying to protect: jobs. So, protest as much as you please, but protest against CERTAIN PARTS OF ACTA, such as, for instance, a) what will the ISPs be coerced into doing; b) how ISPs will detect a high level of GB being downloaded and especially c) how will ISPs be in a position to identify what you are doing with your increased download capacity. Will the ISPs be forced to introduce certain machinery and software to identify this? THESE ARE THE PERTINENT QUESTIONS THAT NEED TO BE ADDRESSED, NOT ACTA AS A WHOLE.
Or, are we going to politicise ACTA as is your wont, Mr Casha? :-))

Ramon Casha

Feb 10th, 07:28

I HAVE read ACTA in its entirety. I did not say it was rubbish, in fact I say it is dangerous and detrimental to us. If you're just counting jobs, then there are jobs in the production of fakes. But that's besides the point. Copyright and other IP laws should maintain a BALANCE between the rights of the producers and the rights of the consumers. This treaty was created only to benefit the producer. Since the producer gets to bypass the courts and go straight to service providers, they get to interpret the law their own way, which is unlikely to take your side in things like legal "fair use" exemptions since no ISP will want to stick out their necks in a million-euro lawsuit on your behalf.

No part of ACTA really benefits Malta. For instance, let's suppose that two other non-signatory countries grant a 15 year patent protection whereas Malta ratifies ACTA and grants 20 years. These two countries produce and want to sell to each other items on which the patent has expired in their countries. They SHOULD be able to do this, but they send their products through Malta's Freeport. Malta will be obliged to impound and DESTROY all these products simply because they passed through Malta, even though they are legal in the destination and origin countries. That means that many countries will simply avoid using Malta's Freeport where their products could get stolen and destroyed. So... how many jobs does Freeport account for?

Nicky Azzopardi

Feb 8th, 16:55

You literally have no idea what you're talking about.

Twanny Scerri

Feb 9th, 17:10

Kindly enlighten me. Talk is cheap

Franco Farrugia

Feb 8th, 20:03

That, is because you have not made yourself aware of its implications.

Advert
Advert