Japanese people have been getting a false sense a relief by the Abe government that the TPP would not turn them into criminals if they cosplay.
A Japanese lawyer (according to Oshiete! Goo) can prove that cosplay is copyright infringement if you make one for a friend or sell one that your kid have outgrown in a garage sale or flea market.
Article 27 in Japanese copyright law that cosplay even Halloween costumes are for "personal and private use." But under the TPP, making cosplay and even an Halloween costume would make you a criminal even if it's for "personal or private use." Because under the IP chapter clearly states the penalties and procedures even extends to non-commercial use of the infringing material.
Did I forget to mention that reusing the same costume you bought from Party City or Walmart for yourself or a kid is a crime under the TPP?
Saturday, October 24, 2015
Friday, October 9, 2015
Japanese Government lies about TPP, Cosplayers can still go to Jail
I just really can't see the way why Japanese people can still have false assurances from the Abe Government. Nikkei Asian Review reported that the Japanese Government is giving the people a false assurance that the IP chapter of the TPP would not affect Japanese culture, including cosplay. The last and latest leak still shows that Cosplayers can still go to jail. Heck even it would make Halloween including trick-or-treating a crime in the eyes of big corporations. Big corporations are taking away the happiness and imagination of children, and parents would be forced to tell their children they can't dress up this character or draw that character, or else the parents could end up in jail.
While kicking people off the internet through three strikes is not in this text as found in the other leak, TPP bribes ISPs to do so under the article it says that the ISP would be rewarded for cooperation to spy on users. Effectively, DeviantArt could soon be removing the fan art category, enforce their copyright policy and begin banning people from the site for posting fan art DeviantArt could end up being shut down for good as it doesn't enforce copyright policy or complying to DMCA take downs sent by complainants.
And also the temporary storage part (which is a critical part to web browsers) that was removed has reappeared again in the final leaked text. Which still means that browsing the web can slap you a fine and send you to jail. Limitation and exceptions (which essential to Fair use) is only limited to trademarks and circumvention of devices (jailbreaking). While circumventing devices have been an exception for non-infringing use, it does not extend to geoblocking meaning the TPP establishes border patrol for the internet. Criminal penalties could put Libraries and Universities into legal danger as criminal procedures and penalties extends to non-profit. And to make matters worse, the IP chapter suggest it (if desire) establishes a kangaroo court international corporate tribunal meaning instead of getting tried in a normal criminal court in your own country, you get tried in a secret IP court where your 5th and 14th Amendment rights, Double jeopardy and to an attorney, are now dead.
Aside from this, another provision would force drug and other retail stores to pull all generic drugs from it shelves as it allows big pharmaceuticals to renew old drug patents, such as ibuprofen. The proposal was suppose to be 12 years but now the latest proposal has been reduced to 8 years, meaning the US caved in to accept 5 years but add an additional 3 years for biological data protection.
And another thing in this chapter it would arrest whistleblowers and criminalize journalism. It is a violation of the first Amendment, and the UN Human Rights Charter that covers freedom of speech. Amnesty international had spoke out against this. We really need to tell the UN that this trade agreement is a violation of our universal human rights.
The TPP is still facing a tough battle in Congress from some Republicans and most Democrats. The TPP would easily pass but then it wasn't the case as Senator Orrin Hatch said in a statement that the deal "falls woefully short" meaning that he would vote against the TPP.. Alabama Senators Shelby and Sessions who voted against Fast Track are likely to vote against the TPP because of a leaked Immigration chapter. Senator Session warned it would create an EU-style "Trans-Pacific Union". Senator Rand Paul also voted against the fast track.Senator Tom Tillis have also intend to vote against the TPP because of a safeguard that would protect our tobacco control laws (including age restriction that prevents lung cancer deaths in teens and adolescents) The rest are still undecided until the rest of text is released. it's unknown whether the environmental chapter have strong protections or remains the same as the previous leak. Whether a chapter on worker rights, or the issue of human trafficking was included as promised by Obama. The only thing that wasn't mentioned is currency manipulation.
Japan's Diet might still vote to ratify the TPP in April. But due to other things, including budget bills and the Upper House of Councilors elections that's about to come in the Summer of next year. Some members in Abe's ruling Liberal Democratic Party are coming against the TPP because of the protection of rice.
While kicking people off the internet through three strikes is not in this text as found in the other leak, TPP bribes ISPs to do so under the article it says that the ISP would be rewarded for cooperation to spy on users. Effectively, DeviantArt could soon be removing the fan art category, enforce their copyright policy and begin banning people from the site for posting fan art DeviantArt could end up being shut down for good as it doesn't enforce copyright policy or complying to DMCA take downs sent by complainants.
And also the temporary storage part (which is a critical part to web browsers) that was removed has reappeared again in the final leaked text. Which still means that browsing the web can slap you a fine and send you to jail. Limitation and exceptions (which essential to Fair use) is only limited to trademarks and circumvention of devices (jailbreaking). While circumventing devices have been an exception for non-infringing use, it does not extend to geoblocking meaning the TPP establishes border patrol for the internet. Criminal penalties could put Libraries and Universities into legal danger as criminal procedures and penalties extends to non-profit. And to make matters worse, the IP chapter suggest it (if desire) establishes a kangaroo court international corporate tribunal meaning instead of getting tried in a normal criminal court in your own country, you get tried in a secret IP court where your 5th and 14th Amendment rights, Double jeopardy and to an attorney, are now dead.
Aside from this, another provision would force drug and other retail stores to pull all generic drugs from it shelves as it allows big pharmaceuticals to renew old drug patents, such as ibuprofen. The proposal was suppose to be 12 years but now the latest proposal has been reduced to 8 years, meaning the US caved in to accept 5 years but add an additional 3 years for biological data protection.
And another thing in this chapter it would arrest whistleblowers and criminalize journalism. It is a violation of the first Amendment, and the UN Human Rights Charter that covers freedom of speech. Amnesty international had spoke out against this. We really need to tell the UN that this trade agreement is a violation of our universal human rights.
The TPP is still facing a tough battle in Congress from some Republicans and most Democrats. The TPP would easily pass but then it wasn't the case as Senator Orrin Hatch said in a statement that the deal "falls woefully short" meaning that he would vote against the TPP.. Alabama Senators Shelby and Sessions who voted against Fast Track are likely to vote against the TPP because of a leaked Immigration chapter. Senator Session warned it would create an EU-style "Trans-Pacific Union". Senator Rand Paul also voted against the fast track.Senator Tom Tillis have also intend to vote against the TPP because of a safeguard that would protect our tobacco control laws (including age restriction that prevents lung cancer deaths in teens and adolescents) The rest are still undecided until the rest of text is released. it's unknown whether the environmental chapter have strong protections or remains the same as the previous leak. Whether a chapter on worker rights, or the issue of human trafficking was included as promised by Obama. The only thing that wasn't mentioned is currency manipulation.
Japan's Diet might still vote to ratify the TPP in April. But due to other things, including budget bills and the Upper House of Councilors elections that's about to come in the Summer of next year. Some members in Abe's ruling Liberal Democratic Party are coming against the TPP because of the protection of rice.
Tuesday, October 6, 2015
Latest TPP leak reveals copyright term set at 70 years
Latest leak reveals that the copyright term in the TPP has been set to Life of the Author plus 70 years.
This means an anime's copyright that was expired or about to expire prior to the 1960s.
It includes:
Kimba the White Lion
Mahou Tsukai Sally
Himitsu No Akko-chan
Chappy
Go Mach Go Go (Speed Racer)
Tetsujin-28 go (Gigantor)
And Cyborg 009
And only thing is. You can sing Happy birthday because Warner Bros lost the copyright.
ISP liability: Requiring ISPs to kick users off the internet is no longer in the TPP. But the safe harbor provision of the DMCA in the TPP is restricted.
The TPP will go into force in 2018, two years after it's ratified by all 11 countries. However, it will be difficult for Congress to pass it because.
- The ISDS safeguard was proposed by Obama, as praised by anti-tobacco advocates that prevents Big tobacco from suing countries who have current laws such as ID and age limit to purchase tobacco. Without this safe harbor, lung cancer in teens would skyrocket.
- 8 year drug data protection. Which falls short to the proposed 12 year, as found under US patent law. Senator Orrin Hatch, Chair of Finance Committee, would possibly vote against the deal.
- Immigration chapter as warned by Senator Pete Sessions of Alabama.
This means an anime's copyright that was expired or about to expire prior to the 1960s.
It includes:
Kimba the White Lion
Mahou Tsukai Sally
Himitsu No Akko-chan
Chappy
Go Mach Go Go (Speed Racer)
Tetsujin-28 go (Gigantor)
And Cyborg 009
And only thing is. You can sing Happy birthday because Warner Bros lost the copyright.
ISP liability: Requiring ISPs to kick users off the internet is no longer in the TPP. But the safe harbor provision of the DMCA in the TPP is restricted.
The TPP will go into force in 2018, two years after it's ratified by all 11 countries. However, it will be difficult for Congress to pass it because.
- The ISDS safeguard was proposed by Obama, as praised by anti-tobacco advocates that prevents Big tobacco from suing countries who have current laws such as ID and age limit to purchase tobacco. Without this safe harbor, lung cancer in teens would skyrocket.
- 8 year drug data protection. Which falls short to the proposed 12 year, as found under US patent law. Senator Orrin Hatch, Chair of Finance Committee, would possibly vote against the deal.
- Immigration chapter as warned by Senator Pete Sessions of Alabama.
Saturday, October 3, 2015
TPP ratification through Fast Track proceedure may fail
Passage of TPP could be a quick before Boehner resigns and leaves.
However, there is some good news that there may be a chance the ratification of TPP through Fast Track could fail on further issues.
1. Proposal on data exclusivity is now 8 years contradicting US patent law on biological medicines which is currently 12 years. Senator Orrin Hatch, President Pro-Tempore and Chair of the Senate Finance Committee recently said he would vote against the TPP if the wording that so contrary to the US patent law on biological drugs is not agreed to by negotiating countries. Even if the US caved in to Australia's demands to have The US to rollback it's data exclusivity back to 5 years, which we are willing to live with that, it would still be voted against. TPP would be dead on the floor.
2. ISDS safeguard, that would prevent Big tobacco like Phillip Morris from suing countries like Australia, has been reintroduced by President Obama. It was recently proposed but was withdrawn. While it's some good news for anti-tobacco advocates, it's bad for pro-tobacco Republicans. Senate Majority Leader Mitch McConnell who is pro-Big Tobacco would likely introduce a disapproval resolution, which according to the provision in fast track trade authority requires 60 votes before revoking fast track, thus Republicans would be free to remove the safeguard except like in the normal treaty ratification process, it would require 67, thus it would be difficult to get some Democrats, who oppose the TPP, on board.
3. Immigration Chapter that was leaked as Senator Jeff Sessions warned it would undermine our sovereignty. He voted against Fast Track, so it's likely he would vote against the TPP.
4. It could be two votes short because Senators Cruz, Graham, Paul, and Rubio are in the 2016 presidential race, that unless Senator Joe Manchin, and another pro-trade democrat who supports free trade, or independent Angus King joins in adding the deciding vote by the Senate President, Vice President Joe Biden, who will likely give it a thumb up to pass it.
Update:
TPP is signed. However, I have said in my previous posts the provision in Fast Track that requires the president to release the text of a trade agreement only applies to future trade agreements. So even if it's blocked, the final text will never be released for another 4 years as reported by UK-owned The Independent as leaked. Despite of this, President Obama may have already signed the same day it was finalized, meaning it could be voted on in the house on the first week in December and in the Senate after the holiday recess.
However, there is some good news that there may be a chance the ratification of TPP through Fast Track could fail on further issues.
1. Proposal on data exclusivity is now 8 years contradicting US patent law on biological medicines which is currently 12 years. Senator Orrin Hatch, President Pro-Tempore and Chair of the Senate Finance Committee recently said he would vote against the TPP if the wording that so contrary to the US patent law on biological drugs is not agreed to by negotiating countries. Even if the US caved in to Australia's demands to have The US to rollback it's data exclusivity back to 5 years, which we are willing to live with that, it would still be voted against. TPP would be dead on the floor.
2. ISDS safeguard, that would prevent Big tobacco like Phillip Morris from suing countries like Australia, has been reintroduced by President Obama. It was recently proposed but was withdrawn. While it's some good news for anti-tobacco advocates, it's bad for pro-tobacco Republicans. Senate Majority Leader Mitch McConnell who is pro-Big Tobacco would likely introduce a disapproval resolution, which according to the provision in fast track trade authority requires 60 votes before revoking fast track, thus Republicans would be free to remove the safeguard except like in the normal treaty ratification process, it would require 67, thus it would be difficult to get some Democrats, who oppose the TPP, on board.
3. Immigration Chapter that was leaked as Senator Jeff Sessions warned it would undermine our sovereignty. He voted against Fast Track, so it's likely he would vote against the TPP.
4. It could be two votes short because Senators Cruz, Graham, Paul, and Rubio are in the 2016 presidential race, that unless Senator Joe Manchin, and another pro-trade democrat who supports free trade, or independent Angus King joins in adding the deciding vote by the Senate President, Vice President Joe Biden, who will likely give it a thumb up to pass it.
Update:
TPP is signed. However, I have said in my previous posts the provision in Fast Track that requires the president to release the text of a trade agreement only applies to future trade agreements. So even if it's blocked, the final text will never be released for another 4 years as reported by UK-owned The Independent as leaked. Despite of this, President Obama may have already signed the same day it was finalized, meaning it could be voted on in the house on the first week in December and in the Senate after the holiday recess.
Thursday, October 1, 2015
Anime could soon die on its deathbed as studio Manglobe becomes insolvent by bankruptcy
Anime could soon in the near future die on its deathbed as an anime studio, Manglobe known for its' productions Samurai Champloo, Michiko and Hatchin, and Deadman Wonderland, files for bankruptcy becoming insolvent.
It's current film Genocidal Organ is slated to premiere in Japanese cinemas on November 13th. It is unknown whether the film is finished or unfinished.
It's current film Genocidal Organ is slated to premiere in Japanese cinemas on November 13th. It is unknown whether the film is finished or unfinished.
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