[A2k] Infojustice Roundup - September 2, 2013

Michael Palmedo mpalmedo at wcl.american.edu
Mon Sep 2 10:00:40 PDT 2013

Infojustice Roundup


Vietnam's Decree 72 on Internet Services Aims to Fight Piracy, Raises
Human Rights Concerns


[Mike Palmedo] Vietnam's controversial new "Decree 72 on the Management,
Provision and Use of Internet Services and Online Information" went into
effect on September 1.  As reported in VOA by Marianne Brown, "Critics
say the new rules are aimed at stifling speech online and could
discourage businesses from operating in Vietnam. But the government says
the measures are aimed at protecting intellectual property and fighting
plagiarism." Last week, A U.S. State Department spokesperson issued a
statement warning that "Decree 72 appears to be inconsistent with
Vietnam's obligations under the International Covenant on Civil and
Political Rights, as well as its commitments under the Universal
Declaration of Human Rights." Click here for more.


The Survey Bay, a Searchable Database Covering the Pirate Bay Community


[Marcin de Kaminiski]  In 2011 we at the Cybernorms Research Group
decided to try an interesting way to deeper understand the file-sharing
community. In cooperation with The Pirate Bay we did a study called "The
Research Bay" targeting their user-base. The response was huge; 75.000
respondents and over 25000 open answers. Today we are releasing that
data to be openly searchable for all. Today we (kind of proudly) present
The Survey Bay. The data - which in some cases has been edited in order
to protect the privacy of the respondent - is released under a CC-BY
license, meaning that it can be used in any possible way as long as the
Cybernorms Research Group (and when referred to in academic publications
an article of ours covering a brief overview of the data) is mentioned
properly.  Click here for more. <http://infojustice.org/archives/30612> 


Comment to the Bureau of Land Management Regarding Trade Secrecy in
Proposed Rulemaking for Fracking on Federal Lands


[Mary L. Lyndon and David S. Levine] We, the undersigned law professors
who teach and write about intellectual property and trade secrets, write
in opposition to the proposed Bureau of Land Management ("BLM")
regulations of hydraulic fracturing (also known as "fracking") contained
in the Federal Register dated May 24, 2013, particularly proposed
regulations 3 CFR 3162.3-3(j)(1) through (4) (the "Regulations"). As we
understand them, in sum, the Regulations would allow entities engaged in
hydraulic fracturing to withhold purported chemical information trade
secrets from the BLM, and by extension, the public. Click here for more.


Threat on Generic Medicines, the European Union Ignores It


[ACT-UP Paris] EU has just modified its legislation on the customs
control concerning the enforcement of "intellectual property" rights,
not considering that it impedes the legitimate trade of generic
medicines in Developing countries... These past few years, several
shipments of generic medicines routing through the EU have been seized
under the pretext of infringing "intellectual property", even though
these medicines were not under patents in the source or destination
countries. For example, a shipment of Losartan (medication used to treat
high blood pressure), coming from India and headed to Brazil, was seized
in Rotterdam. India and Brazil had then protested to the EU and World
Trade Organization (WTO), denouncing repeated, abusive practices. As a
matter of fact, in 2008 alone, 17 shipments containing generic medicines
were seized by Dutch authorities. Click here for more.


Innovation and Incarceration: An Economic Analysis of Criminal
Intellectual Property Law


[Christopher Buccafusco and Jonathan Masur]This Article offers an
economic analysis of the use of criminal liability in two areas of IP:
copyright law and patent law. Our goal is to analyze the relative costs
and benefits of criminal sanctions for IP violations. Economic analysis
is particularly appropriate to this discussion for a number of reasons.
Copyright and patent law are widely recognized as resting on utilitarian
foundations of promoting social welfare by incentivizing investment in
informational goods. They do this by providing exclusive rights to
creators of IP that allow them to charge prices for use that are above
marginal cost. Yet IP's commitment to incentives to create must be
balanced by the costs that those rights have for others who want to use
or further develop the works and inventions that have been created.
Economic analysis's explicit focus on utilitarian welfare calculus,
which compares the costs and benefits of legal rules, can aid in
striking the correct balance. Click here for more.


WIPO Director General Francis Gurry Address: Re-Thinking Intellectual


[Francis Gurry] The context in which intellectual property (IP) operates
in the contemporary world is vastly different from the one in which IP
was born. The new context has changed the position of IP both in the
economy and in society. It calls equally for a change in the way in
which we think about IP and its role. Click here for the full speech.



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