[A2k] Infojustice Roundup - May 30, 2017

Michael Palmedo mpalmedo at wcl.american.edu
Tue May 30 12:46:36 PDT 2017

Infojustice Roundup

South Africa Releases 2017 Copyright Amendments Act for Comment; Six Professors Weigh In on the Bill's General Exception

[Mike Palmedo] South Africa has released the 2017 Copyright Amendments Bill for public comment.  The Portfolio Committee on Trade and Industry will accept written comments from the public through June 19, and will hold public hearings on the legislation June 27-29. Six law professors from the Global Expert network on Copyright User Rights have sent an open letter to Parliamentarians to applaud the government for the Bill's strengthening of user rights, and to make two suggestions. Click here for more.<http://infojustice.org/archives/38242>

Open Letter: Copyright Reform Proposal Is Fundamentally Broken and Won't Make Europe More Competitive

[Paul Keller] Yesterday we sent an open letter on copyright reform to the EU Member State ministers attending the Competitiveness Council. We have done so together with more than 60 other civil society and trade associations - representing publishers, libraries, scientific and research institutions, consumers, digital rights groups, start-ups, technology businesses, educational institutions and creator representatives. The letter reflects our growing concern over the fact that the EU is wasting the long overdue opportunity to reform its outdated copyright framework. And that we are missing a chance to make it fit for purpose in the digital environment. At the root of the problem is the Commission's backward looking proposal for a copyright in the digital single market directive that was presented in September of last year. Click here for more.<http://infojustice.org/archives/38254>

Peruvian Congressional Health Commission Declares the Drug Atazanavir to Be in the Public Interest

[Marlon Castillo] The Congress of the Republic's Health Commission approved by majority vote Draft Law 275/2016-CR, which proposes to declare the medicine Atazanavir to be in the public interest. Atazanavir is used in antiretroviral therapy for people living with HIV and has cost the Peruvian government over 75 million soles over-expenditure in the past four years due to the monopoly held by the pharmaceutical company Bristol Myers Squibb for its brand-name version of the drug, known as Reyataz... The president of the Health Commission, Cesar Vasquez Sanchez stated "subjecting the patent that Bristol Myers Squibb (BMS) possesses to a compulsory license will allow production of Atazanavir by other companies without requiring BMS's consent." Click here for more.<http://infojustice.org/archives/38228>

¡Diego Gómez es Declarado Inocente!

[Fundación Karisma] Hoy, después de más de tres años de iniciado el proceso penal, el Juzgado 49 Penal del Circuito dictó sentido del fallo a favor del biólogo Diego Gómez, en un proceso penal que habría podido significarle de 4 a 8 años de cárcel y una multa millonaria por compartir un documento académico en línea. El caso comenzó en 2014 cuando la fiscalía presentó cargos contra Gómez. Unos años atrás, cuando era estudiante de biología de la Universidad de Quindío en Colombia, Gómez compartió en internet una tesis de maestría de la Universidad Nacional que encontró útil para su grupo de estudio. Click here for more.<http://infojustice.org/archives/38219>

Colombian Court Acquits Diego Gómez of Criminal Charges for Sharing a Research Paper Online

[Timothy Vollmer] Diego Gómez, the Colombian student who for the last three years has been prosecuted for sharing an academic paper online, has been cleared of criminal charges. The decision was delivered today by a judge in the Bogotá Circuit Criminal Court. In 2014 Diego was a student in conservation and wildlife management, with poor access to many of the resources and databases that would help him conduct his research. Diego found and shared a academic paper online so that others could read and learn from it, just as he did. Gómez was prosecuted for copyright infringement, and faced up to eight years in prison. Click here for more.<http://infojustice.org/archives/38211>

Copyright on the Human Rights' Trial: Redefining the Boundaries of Exclusivity Through Freedom of Expression

[Christophe Geiger and Elena Izyumenko] Abstract: Courts have traditionally considered copyright to be immune to any external freedom of expression review, the tension between those rights having to be resolved through internal balancing mechanisms such as the idea/expression dichotomy or limitations and exceptions to the exclusive right. Two important rulings from the European Court of Human Rights (ECtHR) rendered in 2013 clearly challenge this premise. One is the judgment against France in the Ashby Donald case, the other an admissibility decision in the Swedish ''Pirate Bay'' application. Both rulings held that the use of a copyrighted work can be considered as an exercise of the right to freedom of expression, even if the use qualifies as an infringement and is profit-motivated. Click here for more.<http://infojustice.org/archives/38233>

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