from the can’t-put-that-toothpaste-back-in-the-tube dept.
We recently discussed what appeared to be a positive response from the Obama administration on the legality of cell phone unlocking. Unfortunately, the Obama administration may not be able to do anything about it. It has already signed away our rights under a trade agreement with South Korea. Lawyer Jonathan Band, who works for the Association of Research Libraries, wrote, ‘The White House position, however, may be inconsistent with the U.S. proposal in the Trans-Pacific Partnership Agreement (TPP) and existing obligations in the Korea-U.S. Free Trade Agreement (KORUS) and other free trade agreements to which the United States is a party. This demonstrates the danger of including in international agreements rigid provisions that do not accommodate technological development.’You can read more about this issue in a short eight page legal primer by Jonathan Band (PDF). An interesting, related note that the U.S.-KOREA FTA is possibly inconsistent with our domestic patent/drug law in the Hatch-Waxman Act as well. The trade agreement requires us to grant injunctions until the patent is invalidated as opposed to thirty months under current domestic law.
I said it before, our rights were pretty much sold long ago. But the thing is, how do we get them back? Contracts with the Gvernment must end. And when they do, well we can say pay up. Or even better, press them on the promises broken in those contracts.
The American people are not totally shit out of luck, we just need to employ more of the right people in politics. People who oppose the existing bullshit, and have the guts to point out the flaws. Work those flaws in to existence and into the public light. Then press them more on how they will remedy it by us not paying for it at all. No Subsidy, no tax breaks.