Arguments for and against ACTA

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Arguments for ACTA

  • Conterfeiting of physical goods is economically disadvantageous internationally and to NZ
  • Illegal copying of commercial software damages New Zealand companies which rely on distributing software for profit.

Arguments against ACTA (as it currently stands)

There are number of arguments that can be made which support opposition to ACTA in its current form. These make the case for some or all of: changes to the ACTA process; changes to the content of the treaty; New Zealand's withdrawal from participation in ACTA. These are:

  • The case for transparency - the use of appropriate democratic processes in the formation of domestic law and government policy

  • The case for fairness and equity in law - managing the balance between protecting the rights of copyright holders, and preserving the civil rights of individual citizens, how ACTA could undermine the balance and fairness essential to New Zealand copyright

  • The case for laws that support value creation - managing the balance between providing incentives and remuneration for the creation of creative works, and businesses that rely on copyright exceptions (e.g. fair use, safe harbours) plus enabling innovation in business models, products and services through new technology

  • The case against protectionism - balancing the economic good of the profitability of a small number of large companies with the economic good created by an open and relatively unregulated Internet

  • The case for thorough economic analysis and for tough negotiation in Free Trade Agreements - achieving Free Trade Agreements that benefit New Zealand economically