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Intellectual Property Watch subscribers receive exclusive access to stories published on the website under password protection, plus the Intellectual Property Watch monthly edition, a 16-page selection of the most important stories and features, including the People column and News Briefs section not available anywhere else. These columns contain the latest on personnel changes in the international IP community, and items on IP policy news and reports from around the world. The Intellectual Property Watch Monthly Reporter is available online and in print, mailed to your door.


Global IP Policy in 2010:
What You Need To Know
IP-Watch Year Ahead Series

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Inside Views

Contribute your views! Submit an Inside Views idea on any relevant topic to info [at] ip-watch [dot] ch, or leave a comment within any piece such as below.

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The US-Cotton Case: The Truth Behind Brazil’s Cross-Retaliation Against US Intellectual Property

In a recent speech at the Export-Import Bank’s annual conference, US President Obama said the US Trade Representative will use its “full arsenal” to combat “practices that blatantly harm” US businesses, and that includes “enforcing existing [US] agreements.” The question is: will the US comply with its multilateral obligations under the WTO agreement in the US-Brazil cotton case, says Brazilian academic Pedro Paranaguá.


Interview With Bill Pollock, Founder Of No Starch Press

Bill Pollock is the president and founder of No Starch Press, which publishes books on computing. Known to offer the “finest in geek entertainment,” the publishing house has released such titles as “Steal This Computer Book,” “How Linux Works,” “Hacking: The Art of Exploitation,” “The Cult of Mac,” and “The Unofficial LEGO Builder’s Guide.” Its books are largely about hacking, open source, security, programming, and non-Windows-based operating systems, such as Linux. Mr. Pollock shared his thoughts with Intellectual Property Watch about hacking, piracy, and future of the book publishing business.


Intellectual Property Watch
15 February 2007

Inside Views: The Development Agenda Of Free Software

Disclaimer: the views expressed in this column are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

By Rishab Aiyer Ghosh and Karsten Gerloff, UNU-MERIT

The Development Agenda put forward by many World Intellectual Property Organization member states seeks in part to fulfil WIPO’s mission to “promote the use and protection of works of the human spirit.”

A major study published by the European Commission1 on 11 January, 2007 highlights how “works of the human spirit” – in the field of ICT – are frequently created through open collaboration. Importantly, this model transcends the notion of “technology transfer” – which assumes that innovation mainly occurs in rich countries and is passed on to less developed ones – to encourage collaboration and innovation by any participant anywhere.

Although the main focus of the European study is free software (also called Open Source Software or – in the report – FLOSS for Free/Libre/Open Source Software), it demonstrates the need to set up policies that recognise the value of commons-based models for knowledge.

One of the most startling facts contained in the FLOSSIMPACT report is the real economic value of free software. Commercial firms would need to spend 12 billion euro or more than 160,000 person years to produce the equivalent of what is currently available as free software. Readers were also surprised to learn that firms have invested an estimated 1.2 billion euro in developing free software that is often available free of charge, in addition to being free to use, study, modify and share.

But while these numbers are spectacular, we must look deeper to understand the true impact of free software on the economy.

In the software market, by far the most money is made in services and the development of tailor-made software. In the EU and in the US, under one fifth of software investment is in (proprietary) packaged software; the rest is in custom software and in-house software.

In terms of jobs, firms selling proprietary packaged software account for well below 10 percent of employment of software developers in the US. Custom software developers and service providers account for about a third. But the majority of programmers work for “user” organizations such as banks, the retail and manufacturing sectors and government.

The common argument against the use of free software in development – “what’s the economics if you can’t sell software you make” – is demonstrated to be false even for the US, with the largest information technology (and proprietary software) industry. As the software jobs and investment figures show, a small minority make money selling software. Most organizations – and a vast majority of programmers – make money selling their time spent writing or supporting software, but not selling the software itself. This is in fact the economic model of free software: sell potentially everything other than the software itself. The report shows that it is the proprietary software industry that is an anomaly in today’s software market, with which the economics of free software is more in tune.

Learning by Doing

This suggests that the danger of free software cannibalising employment in the proprietary sector is rather small. Rather than disappearing, most developer jobs will become increasingly free software-related. This potential to add value to software is particularly true for the vast majority of countries that do not have a major proprietary packaged software development industry.

Free software provides further benefits for developing countries. One obvious factor is cost. With no license fees to be paid, and no upgrade choices imposed by vendors, the report demonstrates that costs can often be much lower with free software, especially in the long term.

A second important feature of free software is adaptation, especially to local needs. In many parts of the world, free software communities have allowed computers to reach people who were previously ignored by proprietary vendors. For instance, KhmerOS, a free software initiative, first provided Khmer speakers – the majority of the population in Cambodia – the ability to use computers in their own language across several application areas.

Developing countries need to avoid being locked out of acquiring skills and competencies. Skills are crucial to technological take-up and innovation. The report cites recent studies demonstrating that the process of learning and adapting software helps users to make technology truly their own. They become creators of knowledge, rather than merely passive consumers of proprietary technologies.

Free software works as a free-of-charge high quality training environment. For a budding programmer, participating in free software projects works like an informal apprenticeship. She not only hones her technical skills but also learns about teamwork and management. According to surveys cited in the report, such skills are often more effectively learnt through community participation than from formal courses.

The report further shows that employers recognise this value of free software communities, and believe that proven participation in such communities can compensate for a lack of a formal degree in computer sciences. The earning capacity of participating developers grows, even without an explicit investment in formal training.

Such informal apprenticeships are, in effect, a form of technology transfer between those who pay for formal training and those who do not, or cannot. Knowledge flows from big companies to small ones and from rich countries to poorer ones. As the necessary skills spread, business activity increases.

Local Innovation

Taken together these experiences help bolster another key finding of the report: that free software can generate greater economic growth by allowing local economies to retain a higher share of value added locally.

The report cites data from several countries that indicates a growing demand for jobs involving free software applications. Thirty percent of job postings studied referred to free software applications, compared to 70 percent that referred to proprietary software.

Since free software allows local businesses to adapt software to local needs, and does not require the payment of royalties to the original author, it allows local businesses to provide “deep support” which is of higher value than the “shallow support” provided for proprietary software. When problems arise with proprietary software they can only be fixed by the proprietor, limiting the role of local small businesses. With free software on the other hand, a local business is limited only by its skill levels, not by access to the code or the right to change it. Not only can much more value be generated locally, it can also lead to wider recognition for local innovators since improvements can be fed back to the global market.

In addition to the clear advantages of retaining a higher share of value-added locally, there is an additional compelling reason for encouraging FLOSS use in developing countries. Any support for the proprietary software requires the payment of licence fees and other royalties for the use of the proprietary software that are rarely retained locally. Free software allows local economies to regain independence from vendors while binding them closely with global developer communities of training and support.

Policy support required

At first sight, one might assume that given these advantages, free software would surely prevail in the market. But this is often not the case. If a country wants to make the most of the benefits of free software, it will need to develop proactive policies, as recommended by the report.

Two key recommendations concern the government role in promoting lock-in and monopolies, through government procurement and education. The report demonstrates that government procurement of software is often anti-competitive, by preferring specific vendors rather than providing for full competition based on functional specifications and open standards. This has led to a situation where governments are “locked in” to specific technologies, finding it hard to change even if they want to.

The report suggests ways to achieve vendor independence through truly competitive procurement practices that put an emphasis on open standards. This entails revising government regulations that may require citizens and the businesses that interact with them to buy software from a specific provider.

In education, the report warns of the “lifetime vendor lock-in” created by teaching students how to use specific applications, rather than teaching them skills, for instance, Microsoft Word rather than word processing. Even if the proprietary software may be available at a low cost for educational use, once students graduate they are locked in to the specific vendor’s product for which they and society at large will continue to pay. The report highlights policy innovations in the relatively underdeveloped Spanish region of Extremadura to show how governments can support widespread IT education through the use of free software.

Delegates involved in the WIPO’s Development Agenda negotiations have an opportunity to propose strategies to level the playing field in this area, and make the most of a successful new model of collaborative innovation and technology dissemination. If they recognise commons-based approaches to managing knowledge, this would truly “promote the use and protection of works of the human spirit.” We should not waste this opportunity.

Links:

Rishab Aiyer Ghosh

Rishab Aiyer Ghosh is the lead author of the FLOSSIMPACT report, a collaborative effort involving over 20 contributors across five research institutes. A senior researcher at UNU-MERIT, Rishab has over the past 12 years published extensively on Free/Libre/Open Source Software (FLOSS), exploring its economic as well as technical aspects. He is also a founding editor of one of the first open access journals on the Internet, First Monday.

Karsten Gerloff

Karsten Gerloff is a researcher at UNU-MERIT. Coming from a background in the cultural sciences, his research interests include the social effects of technology, in particular free software. He also works on topics concerning access to knowledge, such as copyright and patent policies. Before joining Rishab Aiyer Ghosh’s research group, he worked with the Free Software Foundation Europe.

 

About UNU-MERIT

UNU-MERIT is a joint research and training centre of United Nations University (UNU) and Maastricht University, The Netherlands. UNU-MERIT provides insights into the social, political and economic factors that drive technological change and innovation. The centre’s research and training programmes address a broad range of policy questions relating to the national and international governance of science, technology and innovation, with a particular focus on the creation, diffusion and access to knowledge.

UNU-MERIT website: http://www.merit.unu.edu

Footnote

1 Disclaimer: The report was prepared by a team of independent researchers and was the outcome of a study commissioned by the European Commission. It represents the views of its authors and not those of the European Commission. The report’s publication does not reflect any change in European Commission policy, which remains technology neutral and favours open competition, interoperability, standards and vendor independence.

Categories: English, Inside Views

 


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We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.