On the Role of Copyright Protection in the Information Society - Anti-ACTA Protests in Poland as a Lesson of Participatory Democracy

• Author: Katarzyna Gracz
• Position: Phd Candidate at the Department of Law, European University Institute, Florence
• Pages: 21-35

On the Role of Copyright Protection in the Information Society

2013

21

4

Abstract: In January 2012, Poland witnessed

massive protests, both in the streets and on

the Internet, opposing ratification of the Anti-

Counterfeiting Trade Agreement, which triggered a

wave of strong anti-ACTA movements across Europe.

In Poland, these protests had further far-reaching

consequences, as they not only changed the initial

position of the government on the controversial

treaty but also actually started a public debate on

the role of copyright law in the information society.

Moreover, as a result of these events the Polish

Ministry for Administration and Digitisation launched

a round table, gathering various stakeholders to

negotiate a potential compromise with regard to

copyright law that would satisfy conflicting interests

of various actors.

This contribution will focus on a description of

this massive resentment towards ACTA and a

discussion of its potential reasons. Furthermore, the

mechanisms that led to the extraordinary influence

of the anti-ACTA movement on the governmental

decisions in Poland will be analysed through the

application of models and theories stemming from

the social sciences. The importance of procedural

justice in the copyright legislation process, especially

its influence on the image of copyright law and

obedience of its norms, will also be emphasised.

On the Role of Copyright Protection

in the Information Society

Anti-ACTA Protests in Poland as a Lesson in Participatory

Democracy

by Katarzyna Gracz*

Phd Candidate at the Department of Law, European University Institute, Florence

© 2013 Katarzyna Gracz

Everybody may disseminate this ar ticle by electroni c means and make it available for downlo ad under the terms and

conditions of the Digita l Peer Publishing Licence (DPPL). A copy of the license text may be obtaine d at http://nbn-resolving.

de/urn:nbn:de:00 09-dppl-v3-en8.

Recommended citation: Kata rzyna Gracz, On the Role of Copyright P rotection in the Information Societ y, 4 (2013) JIPITEC 21,

para. 1.

Keywords: Copyright; Compliance; ACTA; Sociology of Law

A. Introduction

1

In January 2012, Poland witnessed massive

protests, both in the streets and on the Internet,

    

Trade Agreement,1 which triggered a wave of

strong anti-ACTA movements across the whole of

Europe. In Poland, these protests had further far-

reaching consequences, as they not only changed

the initial position of the government regarding the

   

a public debate on the role of copyright law in the

information society. Moreover, as a result of these

events, the Polish Ministry for Administration and

Digitisation launched a round table, gathering

various stakeholders to negotiate a potential

compromise with regard to copyright law that would



dispute. This round table was the beginning of the

wider social consultations with academia, non-

governmental organisations, industry and interested

individuals on the shape that the potential reform

of the Polish law in general (not only intellectual

property law) should take to be able to adequately

meet the expectations of the information society.

The consultations, apart from intellectual property

law, focused on the new Internet business models,