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Blog Archive
-
▼
2013
(264)
-
▼
March
(52)
- Spamhaus internet attack: PR stunt or fact?
- Damaged undersea internet cable causes widespread ...
- Giant robot jellyfish reporting for recon duty, si...
- Daily Deals: Alienware m14x Gaming Laptop, UltraSh...
- Spamhaus internet attack: was it all a PR stunt?
- iBuyPower CZ-17 Review
- Daily Deals: 24" Dell UltraSharp U2410 IPS Monitor...
- Geek deals: $566 gets you a Dell UltraSharp U2913W...
- AMD Radeon HD 7790 review roundup: what to expect ...
- Daily Deals: 3TB Western Digital Red Hard Drive, D...
- Salamandra robotica II moves swiftly on both land ...
- Fujitsu uses facial imaging to measure pulse
- Edwin Mellen Press Demonstrates How Not To Respond...
- Tech titans raise millions to enter the political ...
- Taxi, Limo Trade Group Hates Innovative Upstarts, ...
- The Power Of International Trade Agreements To Pre...
- Israel patrols its borders with 10 autonomous off-...
- Withings $150 WS-50 Smart Body Analyzer goes on sa...
- Wireless 'under the skin' prototype implant beams ...
- PowerKiss joins Power Matters Alliance, plans to e...
- Insert Coin finalist: Observos environmental monit...
- Asus ET2300 All-in-One PC Review
- Daily Deals: Lexar 64GB Flash Drive, Dell UltraSha...
- Automatic Link connects phone and car for better d...
- Vaavud smartphone wind meter contains no electronics
- "You lookin' at me?" – Diff Displays system can tell
- Digital Camera Review Taken Down By A Botched DMCA...
- Boot up: Google v ODF, Pentagon still likes BB, th...
- Tiny, personal blood testing laboratory gets under...
- How Google got me into bed with Hitler
- How Google made me get into bed with Hitler
- Monitorix 3.1.0 Gets Statistical FTP Graph
- Samsung Galaxy S4: can eye-tracking work with games?
- Daily Deals: 4TB Seagate Hard Drive, Dell Inspiron...
- Student-designed SMARTwheel aims to make driving s...
- All Chrome OS hack attempts fail at Pwnium 3
- Review: Gmail Lite brings Gmail to your desktop vi...
- Forget Google Glass, Google Debuts ‘Talking Shoe’ ...
- Review: iSpy lets you monitor and record multiple ...
- Google gets to grips with 'geek aesthetics'
- 'Cocky' Defendant Gets A Web Redemption
- OpenELEC 3.0 RC4 Implements Bugfixes from XBMC Frodo
- Continental's “driver focus” concept fights driver...
- Review: Wunderlist for Pokki brings the to-do list...
- Continental's intelligent tires will detect a vehi...
- Endomondo Sports Tracker; Yoga at Work – review
- Weekend Reading: The PlayStation 4 Is an Ambitious...
- Daily Deals: Dell Inspiron 17R Core i5 Laptop, Del...
- Geek 101: Connect your Mac to a TV
- Daily Deals: Dell UltraSharp U2410, Inspiron 15z U...
- Supercharge your laptop with 6 powerful utilities
- System Used By New Six Strikes CAS, Falsely Identi...
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March
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Friday, March 29, 2013
The Power Of International Trade Agreements To Prevent You From Owning What You've Bought, And Why This Must Be Fixed
course, part of our concern very specific about ACTA is required even if no direct modification of the law, although locked in laws problematic, which makes it much more difficult to solve these problems. And although technically not "bind" the Congress, the second that no Congress has proposed a law that goes against the international agreement, we heard screams usual crew stakeholders copyright on how Congress make the most horrible of horrors "that violate our international agreements." Of course, this would ignore the fact that they have written or heavily influenced these agreements as a direct route through Congress.
For all inquiries Chicken Littles And if the past few weeks, the "scenarios" we talked became very, very real, and noted that what is so problematic that the USTR is particularly copyrights and patents in international trade agreements. First, as we noted a few weeks ago on the subject of phone unlocking some existing U.S. trade agreements have made it difficult for me to solve the problem. In particular, we call KORUS, the free trade agreement signed with South Korea there is a half-decade, which included a number of provisions of the copyright law, pushed by the entertainment industry (which had won because South Korea was one of the first countries in broadband coverage). The end result, however, is that this would go against the agreement actually solve the problem (as the White House says he wants) Unlocking be illegal.
Now Shirwin Siy rightly notes, Congress is not technically bound by these agreements and Can />
replace:
First, trade agreements do not dictate laws that Congress can and can not occur. If you are executive agreements can not override laws passed by Congress in the past, even if they are executed as treaties may be replaced by subsequent acts of Congress. While Congress can pass a law that cancels a previous law can pass a law that prevails over an earlier treaty. This is technically true, but the reality is not so easy. Shortly after my post went, I began to listen to the people around DC on the subject. In recent weeks, speaking to many people at the Capitol, and a variety of other people involved in the discussions, one thing has become clear: while some members of Congress really wanted to do a complete overhaul of release, the realization that international agreements on the road may have scuttled plan altogether. Recognize that Siy is correct, and that Congress is not technically necessary, but it is clear that
political reality is, in fact, very different. A bill that goes against an international agreement is considered a non-combat and non-policy that should be adopted for the project to make something really probably not worth it.
So we have a very concrete and tangible example of an agreement that is not technically "change" our laws ourselves in a bad situation.
AND ... could be worse. For all the talk about how Congress is not really the USTR negotiated, it seems that someone forgot to say that certain members of the Supreme Court. When the case was last week Kirtsaeng, dissent, written by Justice Ginsburg, repeatedly cited
international agreements
to play
right
, although these agreements are not intended to define the law or by force. John Bergmayer note how
bad
is as follows:
It is therefore appropriate that Judge Ginsburg wrote in dissent from the majority opinion that "[u] nlike the Court held my position is consistent with the position United States has had in international trade negotiations. "But the negotiators are not able to decide what is the law: Congress passes laws and the courts interpret them. USTR is not part of the workflow. If trade negotiators have taken positions that are incompatible with Kirtsaeng then these positions are now, and I've always been contrary to U.S. law. I would make a similar argument turned against Kirtsaeng whether: trade negotiators should not try to predict how contentious legal battles will turn. they should stay away from these areas completely and let the system do its job. 
Thus, even if the law is clear that the secret negotiations of the USTR ( often fueled by the copyright industry) can not really make the law, including at least three judges of the Supreme Court seem confused at this point.
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