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Joint PIJIP/TLS Research Paper Series

2010

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Full-Text Articles in Law

Will Individuals Aboard The Cultural Pirate Ship Be Struck By The Acta's Cannon Ball?, Shalom Andrews Oct 2010

Will Individuals Aboard The Cultural Pirate Ship Be Struck By The Acta's Cannon Ball?, Shalom Andrews

Joint PIJIP/TLS Research Paper Series

Combating internet piracy is a global challenge. Fundamentally, piracy lingers because it has become a culturally acceptable behaviour that is under-enforced. The Anti-Counterfeiting Trade Agreement (ACTA) is the latest enforcement measure aimed at sinking the pirate ship.

The first part of this paper will explore piracy as a cultural phenomenon and how it interacts with Australian civil and criminal law. Pirates, who have awareness that their plundering is wrong, convince themselves that: there are moral grounds for their escapades; there is a government conspiracy to reduce internet freedom; they are fighting globalisation by attacking the corporations who reap disproportionate booty, …


The Impact Of The Anti-Counterfeiting Trade Agreement (Acta) On Canadian Copyright Law, Elizabeth Judge, Saleh Al-Sharieh Sep 2010

The Impact Of The Anti-Counterfeiting Trade Agreement (Acta) On Canadian Copyright Law, Elizabeth Judge, Saleh Al-Sharieh

Joint PIJIP/TLS Research Paper Series

With the advent of The Anti-Counterfeiting Trade Agreement (ACTA), the protection and enforceability of intellectual property rights will continue growing. Canadians, like other citizens whose countries may adhere to this treaty, would notice major changes to the legal systems regulating their rights and obligations with respect to intellectual property. With respect to copyright law, by deciding to be a party of ACTA, Canada would be facing a true challenge of fulfilling its international obligations and at the same time preserving its carefully drawn copyright law and policy. This paper argues that the impact of ACTA on Canadian copyright law would …