[A2k] Infojustice Roundup - July 14, 2015

Michael Palmedo mpalmedo at wcl.american.edu
Tue Jul 14 13:42:36 PDT 2015

Infojustice Roundup  


A Commons Approach to European Knowledge Policy


[The Commons Network] How can we address the high prices of medicines
that are straining health budgets? How can openly sharing green
knowledge help an agreement at the climate change talks in Paris this
year? How could TTIP further privatize knowledge and what can we do
about it? What does it mean to say the Internet belongs to everyone? The
Commons perspective sheds light on the democratic governance of
knowledge for the common good and identifies knowledge as a shared
resource that is a collective responsibility. It emphasizes equitable
access to knowledge resources such as health-care, the need to
prioritize ecological sustainability in knowledge policy and to promote
participation in the management of an open and democratic Internet.
Click here for more. <http://infojustice.org/archives/34662> 


A Comparison of Negotiated Antiretroviral Prices in Countries With, and
Without, Trade Agreements with the U.S.


[Mike Palmedo] This post presents data comparing branded antiretroviral
medicine prices in countries which have entered into free trade
agreements with the U.S. containing TRIPS-Plus intellectual property
obligations, to the prices for the same drugs in other countries.
According to publicly available data from the World Health
Organization's Global Price Reporting Mechanism (GPRM), prices of
branded antiretrovirals negotiated by large institutional purchasers
(like UNITAID and the Clinton Foundation) were more than twice as high
between 2004 and 2014 when the sale took place in countries with U.S.
FTAs. If one controls for per capita income, inclusion in international
HIV/AIDS treatment guidelines, and the year of purchase, the average
difference between the negotiated price of branded drugs in countries
with and without FTAs in force is 57%. Click here for more.


New Leaked TPP Chapter Shows Countries Converging on Anti-User Copyright
Takedown Rules


[Jeremy Malcolm] A draft of the Trans-Pacific Partnership's
"Intellectual Property" chapter from May 11, 2015 has recently been
leaked to journalists... The latest leak is not available online and we
don't have a copy of it-but we have been briefed on its contents. In
most respects the chapter follows previous drafts pretty closely; for
example, the text on DRM circumvention and copyright term are both
largely unchanged. But there is one area in which significant progress
has been made since the last draft, and this is in the text on
intermediary liability rules. Specifically, the new change involves the
immunity that Internet companies enjoy from copyright liability,
provided that they satisfy certain safe harbor conditions. Click here
for more. <http://infojustice.org/archives/34659> 


EU Blocks Progress on International Copyright Reform for Libraries


[Electronic Information for Libraries] Once again, the European Union
(EU) has blocked progress at the World Intellectual Property
Organization's (WIPO) Standing Committee on Copyright & Related Rights
(SCCR) that met in Geneva from 29 June-3 July 2015. And this time, the
EU is more isolated. The Committee is discussing copyright laws that
would aid libraries and archives in fulfilling their missions in a
global, digital environment. EIFL (Electronic Information for Libraries)
and representatives of international library and archive organizations,
observed the European Union refuse to engage in meaningful discussions
that would enable an effective global information infrastructure for
access to knowledge. Click here for more.


Private Copying and UK Copyright Law - Not Dead Yet


[Camden] Earlier this month several music industry organizations in the
UK won a judicial review which renders the Government's decision to
allow copying for personal use unlawful. Following this unexpected
decision are UK citizens now breaking the law if they copy their own
CDs? How will the fate of the legislation be determined? Click here for
more. <http://infojustice.org/archives/34673> 


Whither the Future of Internet Streaming and Time-Shifting? Revisiting
the Rights of Reproduction and Communication to the Public in Copyright
Law after Aereo


[ Cheng Lim Saw and Warren Chik] Abstract:  ...  This article will
examine the legality of Internet streaming and time-shifting
technologies under copyright law, specifically in relation to the rights
of 'reproduction' and 'communication to the public', through a
comparative analysis of the jurisprudence in leading jurisdictions in
recent times. Although the decisions are not always consistent, they do
provide some helpful guidance in our assessment of the relative
strengths and weaknesses of the various arguments made on both sides of
the divide as well as of the prevailing judicial sentiment towards new
technologies. In light of the continuing legal uncertainty faced by such
technologies, the authors also offer suggestions as regards legislative
amendments and alternative business models to ensure their continued
existence in this harsh and highly competitive digital environment.
Click here for the full paper on SSRN.



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