The Cat Disappears and Then Comes Roaring Back: Private Ordering, TPP, the European Copyright Directive, and ISDS
Bibliographic record
Abstract
Abstract This chapter examines the aftermath of the Stop Online Piracy Act, the Protect Intellectual Property Act, and the Anti-Counterfeiting Trade Agreement, showing how their failure drives the rise of private ordering, with Internet service providers and copyright holders negotiating agreements outside public scrutiny. Internet firms, recognizing their growing political influence, embed themselves in trade policymaking and advocate for a digital trade agenda that shapes agreements like the Trans-Pacific Partnership and the US-Mexico-Canada Agreement. The 2019 European Copyright Directive grants copyright holders a decisive victory, imposing liability on platforms and reinforcing algorithmic enforcement mechanisms that favor established industry players. Meanwhile, the expansion of intellectual property protections into Investor-State Dispute Settlement arbitration underscores the broader trend of shielding markets from democratic accountability. Finally, the chapter situates these developments within a larger shift toward regulatory frameworks that prioritize corporate interests over public engagement and oversight.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.001 | 0.000 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".