The US entertainment industry now has TPPA negotiators battling on its behalf to reintroduce measures on both those fronts.

Having substantially lost out during the negotiation of the ACTA treaty on its intent to impose termination of the internet accounts of those who repeatedly breach copyright by online file-sharing in New Zealand and to hold internet service providers liable for the misdeeds of their customers, the focus of the US entertainment lobby is now on TPPA.

The draft permits a signatory country to include "limitations in its law regarding the scope of remedies available against service providers for copyright infringements that they do not control, initiate or direct, and that take place through systems or networks controlled or operated by them or on their behalf," but then, in wording almost identical to the successfully repealed Section 92A of NZ's Copyright Act, it says "eligibility for the limitations in this subparagraph shall be conditioned on the service provider adopting and reasonably implementing a policy that provides for termination in appropriate circumstances of the accounts of repeat infringers."

In other words, it suggests, unless an internet service provider has a policy including termination, it should not be allowed immunity from penalties arising from the illegal activity of its customers.

Clause 3 of the US TPPA draft's section on patents (Article 8) imposes narrow restrictions on inventions that can be excluded from patentability; it appears to rule out New Zealand's exclusion of patents on software, embodied in the current text of a Bill amending the Patents Act.