[A2k] Infojustice Roundup - September 2, 2014

Michael Palmedo mpalmedo at wcl.american.edu
Tue Sep 2 10:08:49 PDT 2014

Infojustice Roundup 


Professor Letter Opposing Trade Secret Legislation


[David Levine] Sharon Sandeen at Hamline Law and I have authored a
letter dated August 26, 2014 and signed by 31 United States legal
academics to the Congressional sponsors of the "Defend Trade Secrets Act
of 2014" ("DTSA") and the "Trade Secrets Protection Act of 2014"
("TSPA") . Congress has been weighing how to respond to increased
cyber-espionage.  The Acts are the latest bills to create a private
cause of action under the Economic Espionage Act (EEA)... While the
signatories acknowledge "the need to increase protection both
domestically and internationally against domestic and foreign
cyber-espionage," as discussed in the letter, we urge the Acts'
rejection for five reasons. Click here for more.


Moneyweb vs. Fin24: South African Court to Find Whether News Aggregation
Constitutes Copyright Infringement


[Caroline Ncube] Moneyweb is suing Fin24 for copyright infringement
arising out of Fin24's (re)publication of eight articles which had been
initially published by Moneyweb (see a Mail and Guardian report here).
Moneyweb has created a dedicated website (here) where it has posted all
of the pleadings filed to date and media articles. This Leo rarely has
an opportunity to read litigants' court documents and is delighted that
these documents are so readily available.  Click here for more.


Time to Act: Ensure Access to Affordable Biotherapeutic Products


[Civil Society Statement for Pre-ICDRA and ICDRA] We, the undersigned
organizations, bring to the attention of Drug Regulatory Authorities,
WHO, Member States and other participants of Pre and International
Conference on Drug Regulatory Authorities (Pre-ICDRA and ICDRA) and
community in general the following concerns with regard to the
regulation of biotherapeutic products, particularly biocompetitors, and
its impact on access to affordable, safe and efficacious
biotherapeutics. Click here for more.


Why U.S. Pressure Is Behind the Stalled Canadian Anti-Counterfeiting


[Michael Geist] Last year, the federal government trumpeted
anti-counterfeiting legislation as a key priority. The bill raced
through the legislative process in the winter and following some minor
modifications after committee hearings, seemed set to pass through the
House of Commons. Yet after committee approval, the bill suddenly
stalled with little movement throughout the spring. Why did a
legislative priority with all-party approval seemingly grind to a halt?
Click here for more. <http://infojustice.org/archives/33194>  


Taking Users' Rights to the Next Level: A Pragmatist Approach to Fair


[Niva Elkin-Koren and Orit Fischman Afori] Abstract: Exceptions and
limitations to the rights of copyright owners aim to promote copyright
goals in a rapidly changing world. Policymakers are often faced with the
choice of either adopting an open-norm, such as fair use, to facilitate
flexibility and adaptability, or opt for a strictly defined list of
exceptions and limitations to facilitate more certainty and
predictability. So far, this binary choice between bright-line rules and
vague standards has created a deadlock. This paper argues that in order
to promote a reasoned implementation of fair use and serve both the
purpose of copyright law and the rule of law, courts should subscribe to
the doctrinal indeterminacy mandated by fair use, while at the same time
encourage the implementation of concrete rules within that standard.
Incorporating bottom-up norms, such as Codes of Fair Use Best Practices,
in fair use analysis, would enable courts to do just that. Click here
for more. <http://infojustice.org/archives/33203> 


The Next-Generation Copyright Monopoly Wars Will Be Much Worse


[Rick Falkvinge on Torrent Freak, Link (CC-BY)] ...We're now somewhere
in the 1980s-equivalent of the next generation of copyright monopoly
wars, which is about to spread to physical objects. The copyright
industry is bad - downright atrociously cynically evil, sometimes - but
nobody in the legislature gives them much thought. Wait until this
conflict spreads outside the copyright industry, spreads to pretty much
every manufacturing industry. People are about to be sued out of their
homes for making their own slippers instead of buying a pair. If you
think that sounds preposterous, that's exactly what has been going on in
the copyright monopoly wars so far, with people manufacturing their own
copies of culture and knowledge instead of buying ready-made copies.
There's no legal difference to manufacturing a pair of slippers without
having a license for it. Click here for the full column on


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