The Closing of the Net  "original and valuable"  Times Higher Education

Have the copyright  lobbyists won this round, or is it just a full agenda?

 

The Conference of Presidents, which decides the agenda of the European Parliament, including which motions will be voted in any given session, has failed to include  a key motion on ACTA in any of the May plenary sessions.

 The motion asks for a referral to the European Court of Justice, in order to get a legal opinion on the compatibility of ACTA with the EU Treaties. It was put forward by the Green group, and is understood to have the support of the Socialists and the Left group.

 Instead, it seems the motion will be moved back to June 7th, and it is unclear

what this means or what the reason was.

 

There seems to be some contention about whether the European Parliament can  take vote on an ECJ referral  before the  ACTA agreement  has been  formally received. However, the Parliament must make the referral before it votes on consent to ACTA, which may give it a limited window  of opportunity.

 

Given the divergence of opinions on whether or not ACTA is compatible, the ECJ opinion would seem to be a sensible, if not essential, move.

 

The deferral does beg the question as to whether there is a legitimate procedural reason, or how much the Parliament is being  influenced by the recent lobbying of the copyright industries, including the Motion Picture Association ( representing the Hollywood studios) and the IFPI (recorded music industry). They would like to see the EU sign and give consent to ACTA as soom as possible.

 

Resolution requesting an opinion from the Court of Justice on the compatibility of ACTA with the Treaties

 

 A somewhat technical (in the legal sense) explanation of the position regarding the request for an ECJ referral on ACTA .


 

The correct attribution for this article is: Monica Horten (2011) ACTA: European Parliament postpones  ECJ motion  http://www.iptegrity.com  9 May 2011

This article is licensed under a Creative Commons Attribution Non-commercial-Share Alike 2.5 UK:England and Wales License. http://creativecommons.org/licenses/by-nc-sa/2.0/uk/ It may be used for non-commercial purposes only, and the author's name should be attributed. 

 

 

 

 

 

 

The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

Read more  

Ask your library to get it!

Order direct from the publisher.

Go to   Amazon

Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

Don't miss Iptegrity! Iptegrity.com  RSS/ Bookmark      

Iptegrity.com is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

Iptegrity.com is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

Contact  me to use  iptegrity content for commercial purposes

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review

Paperback and Kindle and Epub formats.

Available from all good online bookstores or get it from the publisher Zed Books  direct:

Amazon UK

Amazon USA