[Ip-health] Infojustice Roundup - July 9, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Jul 9 08:57:46 PDT 2012

Infojustice Roundup


Declaration of Internet Freedom


Last week, ninety-one organizations and thirty-eight individuals
launched the Declaration for Internet Freedom, which is open for
endorsements.  It states: "We stand for a free and open Internet. We
support transparent and participatory processes for making Internet
policy and the establishment of five basic principles  - l Expression:
Don't censor the Internet. Access: Promote universal access to fast and
affordable networks. Openness: Keep the Internet an open network where
everyone is free to connect, communicate, write, read, watch, speak,
listen, learn, create and innovate. Innovation: Protect the freedom to
innovate and create without permission. Don't block new technologies,
and don't punish innovators for their users' actions. Privacy: Protect
privacy and defend everyone's ability to control how their data and
devices are used." Click here for the full Declaration


TPP Negotiations in San Diego Focus on Copyright and General Provisions


The 13th round of Trans Pacific Partnership negotiations are currently
underway in San Diego.  Intellectual property negotiators are focusing
on the general provisions and copyright sections of the text.  Sean
Flynn has written a blog <http://infojustice.org/archives/26477>  on
"What's at stake in the San Diego Round of the TPP," and James Love has
written a letter <http://www.keionline.org/node/1444>  to USTR on the
copyright provisions.  On July 3, USTR posted a blog
s-new-copyright-exceptions-limitations-provision>  indicating that they
have tabled new text on limitations and exceptions to copyright, based
on the three step test (see civil society and industry commentary
<http://infojustice.org/archives/26509> ).  The stakeholder
participation events were held at the very beginning of the round, and
seemed rushed <http://infojustice.org/archives/26481> .  In the week
leading up to the round, 131 Representatives wrote a letter to USTR
seeking greater access to the negotiations, and Rep. Issa unsuccessfully
sought observer status in the negotiations (blog
<http://infojustice.org/archives/26468> ). On Saturday, civil society
groups delivered a petition <http://stopthetrap.net/>  signed by over
90,000 people to negotiators which "called on the governments involved
in the TPP to make the process transparent, accountable, and open to
public participation and to all interested stakeholders."


EU Parliament Rejects ACTA...


On July 4, the European Parliament overwhelmingly rejected the
Anti-Counterfeiting Trade Agreement today, 478-39. MEP David Hammersten
said in a blog <http://blogmartinmep.eu/2012/07/04/acta-dead-in-water/>
that "the Treaty was too vague and was open to misinterpretation. I will
always support civil liberties over intellectual property rights
protection." PIJIP Director Michael Carroll said in a statement
<http://infojustice.org/archives/26492>  "ACTA failed because civil
society advocates and academic researchers succeeded in publicizing the
multiple problems with a one-sided approach to changing international
intellectual property law through a non-participatory, secret process
that reflects only the interests of particular industries." Statements
from other Parliamentarians and civil society actors are compiled in a
KEI blog post <http://keionline.org/node/1454> .   


...But (Smaller) ACTA and Similar Agreements Move Forward


Efforts to ratify ACTA in the remaining countries will continue.  Carol
Guthrie from USTR told the New York Times
s-anti-piracy-treaty.html>  that "ACTA can still serve as a valuable
forum through which countries can coordinate to stop counterfeit trade
and piracy," at the Europe's rejection of the agreement means that
"ACTA's membership may initially be more Pacific-oriented than would be
true with E.U. participation."  Michael Geist notes that "the EU plans
to use the Canada - EU Trade Agreement (CETA), which is nearing its
final stages of negotiation, as a backdoor mechanism to implement the
ACTA provisions."  His blog post <http://infojustice.org/archives/26516>
compares the two, provision by provision.  Additionally, the TPP
contains numerous IP provisions that exceed those found in ACTA  - see
PIJIP's comparison of the two agreements
<http://infojustice.org/archives/9256> . 


Australian Parliament's Joint Standing Committee on Treaties Votes
against ACTA


On June 27th, the Australian Parliament's Joint Standing Committee on
Treaties issued a report on June 27 recommending that "the
Anti-Counterfeiting Trade Agreement not be ratified by Australia" unless
and until the government can provide an adequate evidentiary record
proving that the agreement will be in Australia's best interests.  Click
here for more. <http://infojustice.org/archives/26450> 


White House Seeks Comments on IP Enforcement


On June 26, the U.S. Intellectual Property Enforcement Coordinator
published a Federal Register Notice seeking public comments on a new
Joint Strategic Plan for IP enforcement.  Comments are due by July 25.
The request asks for "detailed recommendations from the public regarding
specific recommendations for improving the U.S. Government's
intellectual property enforcement efforts.... [and] submissions from the
public regarding existing and emerging threats to the protection of
intellectual property rights and the identification of threats to public
health and safety and the U.S. economy resulting from intellectual
property infringement." Click here for more.


Copyright and Innovation: The Untold Story


This new paper by Michael Carrier "presents the results of a
groundbreaking study of 31 CEOs, company founders, and vice-presidents
from technology companies, the recording industry, and venture capital
firms. Based on in-depth interviews, the Article offers original
insights on the relationship between copyright law and innovation. It
also analyzes the behavior of the record labels when confronted with the
digital music revolution.  And it traces innovators and investors'
reactions to the district court's injunction in the case involving
peer-to-peer service Napster."  Click here for the full paper.


Creative Commons and P2PU Buidling the School of Open


[by Elliot Harmon, CC] The School of Open is a collaboration between
Creative Commons and P2PU (Peer 2 Peer University). Its aim is to
provide easily digestible educational exercises, resources, and
professional development courses that help individuals and institutions
learn about and employ open tools, such as the CC licenses. Why build a
School of Open? Universal access to and participation in research,
education, and culture is made possible by openness, but not enough
people know what it means or how to take advantage of it. We imagine
artists, educators, learners, scientists, archivists, and other creators
improving their fields via the use of open tools and materials. Click
here for more. <http://creativecommons.org/weblog/entry/33256> 


Yochai Benkler on Evolution of Networked Discourse on SOPA/PIPA


[by Stephanie-Duchesneau] In a recent presentation before the Personal
Democracy Forum, Yochai Benkler, the Berkman Professor of
Entrepreneurial Legal Studies at Harvard and co-director of the Berkman
Center for Internet and Society, discussed the media surrounding the
Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) as a case study
for the evolution of networked discourse and activism. Benkler argues
that, contrary to a perception in the 1990s that the internet was too
"weak, polarized, and ineffective" to uphold a Jeffersonian model of
democracy, networked discourse from tech media and individual blogs
drove public perception on SOPA and PIPA. Over the course of eighteen
months, ten thousand such stories were able to bring down legislation
supported by the three most powerful lobbies in Washington, D.C. and
politicians on both sides of the aisle. Click here for the video.


UK Commissioned Report on "Expanding Access to Published Research
Findings" (the Finch Report)


[by the Research Information Network] "The report of the Working Group
chaired by Dame Janet Finch published on 18 June recommends a programme
of action to enable more people to read and use the publications arising
from research. Better, faster communication of research results will
bring benefits for public services and for economic growth. It will also
bring improved efficiency for researchers, and opportunities for more
public engagement with research. The full report is available for
downloading below, along with an executive summary."  Click here for
more. <http://www.researchinfonet.org/publish/finch/> 


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