How far will ISPs be held liable for infringement of intellectual property rights under ACTA? On close examination in the EU context, we also come up against another question: is ACTA re-writing the weak "compromise" on Internet users rights that was rejected by the European Parliament in the Telecoms Package?
In previous drafts of ACTA (Anti-Counterfeiting Trade Agreement), liability for ISPs in enforcing copyright on the Internet was clearly stated. In the latest leaked draft of 25 August 2010, it appears to have been deleted. At least the substantive text requiring countries to implement a liability provision is not there.
However, there has been quite a re-write of the substantive text regarding the Internet, and a closer look at it would indicate that liability remains there, it has just been a little bit obscured. Moreover, the new text in ACTA is arguably a reflection of
Read more: ACTA serves up a rejected Telecoms Package clause