[A2k] Infojustice Roundup - August 4, 2014

Michael Palmedo mpalmedo at wcl.american.edu
Mon Aug 4 10:54:19 PDT 2014

Infojustice Roundup 


Global Congress IV: December, 2015, New Delhi, India


[Anubha Sinha]  We are pleased to announce that the Centre for Internet
and Society will be hosting the fourth edition of the Global Congress on
Intellectual Property and the Public Interest at New Delhi, India,
tentatively in the first two weeks of December, 2015. This post seeks
your participation and invites your queries and suggestions for the
event. Click here for more. <http://infojustice.org/archives/33061> 


The End of the Cell Phone Unlocking Saga?


[Jonathan Band] On July 25, 2014, the House of Representatives passed
the version of cell phone unlocking legislation adopted ten days earlier
by the Senate. President Obama promptly announced that he would sign the
legislation, bringing at least a short-term resolution to a controversy
that had burst into the public eye early in 2013. The underlying issue,
however, has much deeper roots, stretching back to the enactment of the
Digital Millennium Copyright Act in 1998. Moreover, the legislation only
temporarily permits consumers to unlock their cell phones to access
other mobile networks. In 2015, the Librarian of Congress will determine
whether to renew this permission for another three years. A permanent
solution to this problem appears precluded by the free trade agreements
to which the United States is a party. This paper examines the legal
background of this matter. Click here for more.


World Hepatitis Day: TAC Joins Organisations Calling for Improved Access
to HepB Vaccines & Medicines


[Lotti Rutter] On World Hepatitis Day, 26 organisations and individuals
from around the world have called on the South African Department of
Health (DOH) and Department of Trade and Industry (DTI) to address the
public health threat of hepatitis, by implementing hepatitis B
immunisation at birth, and reforming national patent laws to promote
access to more affordable hepatitis therapies.  Click here for more.


What do free trade agreements have to do with your ability listen to
music online? A lot more than you would expect...


[Tyler Snell] A growing pernicious trend that is greatly affecting
digital policy around the world is called "policy laundering" - the use
of secretive international trade agreements to pressure countries to
commit to restrictive or overly broad laws that would not ordinarily
pass a transparent, democratic process... Copyright law, which is not an
actual trade issue, has been a particular target of these private
international trade negotiations. Click here for more.


European Ombudsman Asks Council and Commission to Publish More TTIP


[European Ombudsman press release] The European Ombudsman, Emily
O'Reilly, has called on the Council of the European Union to publish the
EU negotiating directives for the on-going Transatlantic Trade and
Investment Partnership (TTIP) negotiations with the US. She has also
proposed to the European Commission a range of practical measures to
enable timely public access to TTIP documents, and to details of
meetings with stakeholders. She has opened investigations involving both
institutions. Click here for more.


Inventing Around Copyright


[Dan Burk] Abstract: Patent law has long harbored the concept of
"inventing around," under which competitors to a patent holder may be
expected, and even encouraged, to design their technologies so as to
skirt the boundaries defined by patent claims. It has become
increasingly clear that, for better or for worse, copyright also fosters
inventing around. Copyright is not based on written claims, but because
copyright links exclusive rights to technological actions such as
reproduction, distribution, or transmission, the language of the
copyright statute, and judicial readings of the statute, create
boundaries around which potential infringers may technologically
navigate. For example, the Aereo case recently decided by the Supreme
Court involves technology that was explicitly designed to conform to
non-infringing definitions of private transmission found in previous
court decisions. But in copyright, unlike patent, there has been little
analysis of the tendency to foster alternative technological
development. In this paper I draw upon previous analyses of inventing
around in patent law to assess the benefits and detriments of inventing
around in copyright. Click here for the full paper on SSRN.


UK Adopts Private Copying Exception As Some Rightholders Mull Legal


[Dugie Standeford] A new United Kingdom copyright exception for private
copying cleared Parliament on 29 July and will become law in October.
The change brought cheers from high-tech and digital rights groups. UK
Music, however, said the new regulation will hurt creators and that it
is considering legal action. The measure, announced in March (IPW,
European Policy, 31 March 2014) also updates exceptions for parody and
quotation. Click here for the full story on IP Watch.



More information about the A2k mailing list