[A2k] Infojustice Roundup - January 26, 2015

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jan 26 10:19:14 PST 2015

Infojustice Roundup 


MEP Julia Reda: EU Copyright Rules Are Maladapted to the Increase of
Cross-Border Cultural Exchange on the Web


[Julia Reda] EU copyright rules are maladapted to the increase of
cross-border cultural exchange facilitated by the Internet, an upcoming
European Parliament own-initiative report evaluating 2001's copyright
directive finds. The draft released today by Julia Reda, MEP for the
German Pirate Party, lays out an ambitious reform agenda for the
overhaul of EU copyright announced in the Commission's 2015 work
programme. "The EU copyright directive was written in 2001, in a time
before YouTube or Facebook. Although it was meant to adapt copyright to
the digital age, in reality it is blocking the exchange of knowledge and
culture across borders today", Reda explains. "We need a common European
copyright that safeguards fundamental rights and makes it easier to
offer innovative online services in the entire European Union." Click
here for more. <http://infojustice.org/archives/33799> 


Letter to President Obama: Promote Health In India, Not Narrow Pharma IP


[12 American NGOs] We write as American organizations in advance of your
trip to India this month to ask you to support India's central role in
providing high-quality, low-cost generic medicines-which are essential
for health care around the world. Recent U.S. policy stances have sought
to topple parts of India's intellectual property regime that protect
public health in order to advance the interests of multinational
pharmaceutical corporations in longer, stronger, and broader exclusive
patent and related monopoly rights. India's laws fully comply with the
WTO TRIPS Agreement. Millions around the world depend on affordable
generic medicines that would disappear if India acceded to these
proposals. Click here for more.


Secret TPP Negotiations-And Public Protests-To Be Held in New York City


[Maria Sutton]  The next round of secret Trans-Pacific Partnership (TPP)
negotiations begins this Monday, January 26, and runs through the
following week at the Sheraton New York Time Square Hotel in downtown
Manhattan. As with many previous TPP meetings, the public will be shut
out of talks as negotiators convene behind closed doors to decide
binding rules that could impact how our lawmakers set digital policy in
the decades to come. Big content industry interests have been given
privileged access to negotiating texts and have driven the US Trade
Representative's mandate when it comes to copyright-which is why the TPP
carries extreme copyright measures that ignore users' rights. Click here
for the full blog on EFF's Deeplinks.


See also:  Agenda and Webcast of AU event on Mega-regional Trade
Agreements (Link <http://infojustice.org/archives/33804> )


Here Come the Trade Secret Trolls


[David Levine] Abstract: Within the past few years, the U.S. federal
government has been forced to confront the massive but hard-to-quantify
problem of foreign and state-sponsored cyberespionage against U.S.
corporations, from Boeing to small technology start-ups, and (as of this
writing) perhaps Sony Pictures Entertainment. As part of that effort,
Congress has taken up the Defend Trade Secrets Act and the Trade Secret
Protection Act which would create a private cause of action under the
federal Economic Espionage Act. This Article addresses the possibility
of introducing trolling behavior-using litigation as a means to extract
settlement payments from unsuspecting defendants-to trade secret law
through creation of a federal private trade secret misappropriation
cause of action. Click here for more.


Torrent Site Blockages Are Disproportional, Greek Court Rules


[Ernesto, TorrentFreak]   A Greek anti-piracy group has lost its bid to
have various torrent sites blocked by local Internet providers. The
Athens Court ruled that barring access to torrent sites such as
KickassTorrents and The Pirate Bay is disproportionate and
unconstitutional, while hindering the ISPs' entrepreneurial freedoms.
Click here for more. <http://infojustice.org/archives/33784> 


Can You Copyright a Tweet?


[Andres Guademuz] Some weeks ago I was asked to comment on whether
tweets are subject to copyright protection. Unsurprisingly, this is a
common question that gets asked over and over again, as some of the
information online is contradictory and misleading, or refers to other
jurisdictions. Do we have an answer in the UK? Sadly, the question has
remained open because there has not been a direct case that deals with
the issue, and the lack of litigation creates uncertainty in some
people's minds. The situation is made more complex by the diverse nature
of Twitter, a tweet can be text, but it can also be made of pictures,
gifs, vines, and even embedded videos. We'll deal with these separately.
Click here for more. <http://infojustice.org/archives/33795> 


Spanish Hepatitis C Patients Petition European Parliament


Mario Cortes Morales, Spanish citizen, in representation of the
"Plataforma de afectados por la Hepatitis C" (Platform of people
affected by hepatitis C), presents this petition before the European
Parliament... Demands that the European Commission, the Council and the
European Parliament present concrete policy proposals and flexible
changes in EU legislation concerning intellectual property with the
objective of encouraging the rapid entry into the European market,
either from European production or importation, of affordable generic
versions of the most effective and safe therapies for all EU citizens
and residents affected by Hepatitis C. Click here for the full petition.


The Institutional Fragmentation of International Intellectual Property
Law in Pacific Rim: Authority and Legitimacy, Regime Interaction and
Future Institutional Development in a 'World Society'


[Anlei Zuo] Abstract:  Under the context of institutional fragmentation
of international IP law in this world society, the international IP law
in Pacific Rim is in a flux with various international IP legal actors,
including TRIPS, WIPO, CBD, TPP, RECP, FTAAP, etc. With the method of
socio-legal analysis emphasizing and basing itself on authority and
legitimacy, interaction of IP regimes and future institutional
development, this paper investigates the historical evolution of
international IP regimes in Pacific Rim and their interactions, paying
particular attention to the analysis of two concepts (authority and
legitimacy) onto those international IP regimes and their competitive
gaming. Click here for the full paper on ssrn.


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