TPP — copyright versus free speech
One of the proposals is that multinational corporations can sue national governments for future lost profits based on patents not granted or environmental restrictions. This is nothing short of full-on corporatism where international law and global treaties serve a handful of large corporations to the detriment of national sovereignty, environmental health and even human life.
For by protecting “intellectual property” (IP), we are not just talking about the creative endeavours of artists. One does not need to be a lawyer to see the fundamental problematic assumptions in the goals as defined in the leaked document:
Enhance the role of intellectual property in promoting economic and social development, particularly in relation to the new digital economy, technological innovation, the transfer and dissemination of technology and trade;
This statement assumes that IP, a made-up term that confuses three very different areas of law, is by definition beneficial to society as a whole. No evidence for these claimed benefits is provided anywhere. As with “what-is-good-for-General-Motors-is-good-for-America” and the theory of ”trickle down” economics, the benefits are simply assumed and alternative models actively and wilfully ignored. The idea that most societies on the planet might vastly benefit from a relaxation of patent laws or the length of copyright is not even up for debate. This despite the fact that there is plenty of research pointing in that direction.
These secret proposed treaties will enforce patents that put the cost of basic pharmaceuticals beyond the reach of billions; that privatise and patent basic plants and food; and that prevent the sharing of cutting edge academic research, despite the fact that this is usually produced by publicly funded academics at our publicly funded universities.
The price, even today, of trying to liberate research for the public good can be high, as Aaron Swartz found out earlier this year. After trying to share research information from MIT, he faced a witch hunt and decades in prison. Instead he chose to take his own life at the age of 26. How much worse will it be if TPP et al are ratified?
It is thanks to the high-tech publisher, Wikileaks, that we know the sheer scale of the recent TPP débacle. It is also heartening to see so many Pacific rim countries opposing the overweening demands of the USA. Australia alone seems supportive — but then regionally it benefits most from its membership of the “Five Eyes” spy programme with America.
The intellectual property wars are the flip side of the global surveillance network that Snowden disclosed — it is a classic pincer movement.
By curtailing the powers of the spy agencies, we could restore the internet to its original functionality and openness while maintaining the right to privacy and free speech — but maintaining a 20th century copyright/IP model at the same time is impossible. Or we could give up our privacy and other civil rights to allow specific protected industries to carry on coining it in. A last option would be to switch off the internet. But that is not realistic: modern countries could not survive a day without the internet, any more than they could function without electricity.
As a society we’re going through the painful realisation that we can only have two out of the three options. Different corporatist interest groups would no doubt make different choices but, along with the vast majority of the people, I opt for the internet and privacy as both a free channel for communication and the free transfer of useful information.
Like any social change (the abolition of slavery, universal suffrage), this is also accompanied by heated arguments, legal threats and repression, and lobbyist propaganda. But historically all this sound and fury will signify.… precisely nothing. Surely at some point basic civil rights will make a comeback, upheld by the legislature and protected by law enforcement.