08.01.2016 An US-Recht soll die Welt genesen

TPP Copyright Notice and Takedown Rules

We get a good taste of what TTIP and CETA means by looking at TPP, the Trans Pacific Partnership Agreement.

The Trouble with the TPP series focuses today on the TPP’s effort to regulate how Internet providers and hosts address allegations of copyright infringement on their networks and sites.

The end result is a compromise that allows Canada to maintain notice-and-notice, but no other TPP country can adopt it in order to comply with the ISP liability and notice rules. The Canadian rules can be found in Annex 18-E, which states that the standard TPP ISP rules do not apply to a country that meets the conditions of the annex “as from the date of agreement in principle of this Agreement.” Since that date is now long passed (October 4, 2015), no other TPP country can implement the notice-and-notice system to meet its TPP obligations.

This highlights one of the major trouble with the TPP. More than a mere trade agreement, the TPP is a clear effort by the U.S. to export its regulatory framework to other countries, creating a competitive advantage for its companies.

For those countries stuck with the TPP’s implementation of U.S. law, Annemarie Bridy points out that the TPP is “less speech-protective and more prone to over-enforcement and abuse.” Tpp thinks in the sense of right holders and Internet Service Providers not of users.

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