[A2k] Infojustice Roundup - Intellectual Property and the Public Interest

Michael Palmedo mpalmedo at wcl.american.edu
Mon Oct 3 14:46:45 PDT 2011

Infojustice Roundup 
Intellectual Property and the Public Interest



ACTA Signed by Eight Nations


On October 1, the Anticounterfeiting Trade Agreement was signed by
Australia, Canada, Japan, Korea, Morocco, New Zealand, Singapore, and
the United States.  The signing statement issued at the ceremony called
the agreement "a significant achievement in the fight against the
infringement of intellectual property rights, in particular the
proliferation of counterfeiting and piracy on a global scale, providing
a mechanism for the parties to work together in a more collaborative
manner to achieve the common goal of effective IPR enforcement."  USTR
also released a fact sheet asserting that ACTA is consistent with U.S.
law and does not require Congressional approval in the U.S. - assertions
challenged by civil society.  Click here for more.


Proposed Brazilian Law on Internet Rights Advances 


A draft bill to establish a Civil Right's Based Framework for the
Internet in Brazil has reached the Congress.  FGV's Joana Varon notes
that "the bill begins by advancing users' rights and some general
principles for the regulation of the Internet, before dealing with the
issues of the preservation of connection logs, secondary liability for
ISPs, and net neutrality, and then wraps with directives aimed at the
public sector."  The bill was developed through a transparent, online
consultation process developed by the Ministry of Justice in partnership
with FGV's Center for Democracy and Technology.  Click here for more.


American Assembly Comment on European Audiovisual Policy 


The American Assembly at Columbia University has submitted comments to
the EU regarding "State Aid for Films and Other Audiovisual Works,"
arguing that the EU should "Modernize how public funding agencies
conceive their mission, with an emphasis on much wider and cheaper
distribution of EU movies." Specifically, AA recommends "Making public
funding contingent on creative commons commercial use licensing of the
work after an initial period of commercial release," and giving
filmmakers the right to opt out of the clause if they return public
funds.  Together, these changes are designed to "Dramatically increase
the legal availability of European film in international markets ...
defuse the anxiety around piracy ... Create a probably permanent
competitive advantage over Hollywood in regard to international
transaction and licensing costs ... Provide an ex-post way out of the
public funding of blockbusters ... [and] Provide a clearer sense of the
public funding mission in the digital era." Click here for more.


Ecuador Calls for Diplomatic Conference on Treaty for the Visually


The Ecuadorian intervention at the annual meeting of the World
Intellectual Property Organization called for a diplomatic conference to
be held next year to discuss the proposed treaty on limitations and
exceptions for the visually impaired.  The intervention notes that WIPO
Members States are obliged to take all appropriate measures in
accordance with international law to ensure that intellectual property
laws do not become an unreasonable or discriminatory barrier to access
to cultural materials for people with disabilities.  Click here for the
intervention, on KEI's website. <http://keionline.org/node/1285> 


Company Seeking $10-per-Infringement Settlements from Users


A company known as the Digital Rightscorp is monitoring file sharing
sites for music companies, and attempting to collect small settlements
from users.  The firm sends emails to users identified by IP addresses,
threatening them with fines of up to $150,000 and offering an "automated
settlement" of $10 per alleged infringement that would give them a legal
release from the copyright owner. In an interview with paidContent.org,
the COO of Rightscorp says the company "never sues anyone."  Click here
for the original report in paidContent.org.



Events and Deadlines


-          September 26 -October 5 - WIPO Assembly of Member States

-          October 5 - Golan v. Holder: Copyright, the Public Domain,
and the First Amendment at the Supreme Court

-          October 10 - WIPO Symposium on IP and Competition Policy

-          October 26 - Deadline to submit comments to USTR for its out
of cycle review of notorious markets

-          November 18 - Intellectual Property Rights and the Global
Civil Society Reform Project: What's Next? London School of Economics
and Political Science

-          November 19-20 - Socially Responsible Licensing: Achieving
Social Equity through Voluntary Licensing.  Hosted by Boston University
and Warwick University.






More information about the A2k mailing list