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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.

Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    New US Broadband Internet Plan Scrutinised; Cybersecurity Bill Includes IP

    Published on 17 March 2010 @ 8:26 pm

    By and , Intellectual Property Watch

    The United States Federal Communications Commission’s newly released plan to expand broadband internet access within the country was well-received from several sides of the digital rights debate, with some questions. Separately, a new cybersecurity bill introduced in the US Congress today includes measures to protect intellectual property rights.

    The plan, which can be read in full here, was delivered to Congress on 16 March. It finds that while the costs of lacking a broadband connection are only increasing, there is still much to do to ensure that every American who wants access to high speed internet from home can do so, and much more that could be done to harness the power of the internet to improve delivery of key public services, according to an FCC press release.

    Key suggestions include making 500 megahertz of spectrum newly available for broadband within the next decade and increase competition and transparency in allocation, according to a summary [pdf].

    The Motion Picture Association of America praised the FCC for its comments on copyright law, stating its usual position about the need to protect creative content from digital theft.

    Harold Feld, legal director of Public Knowledge, called the plan “pretty damn good, actually,” and in particular praised the fact that it calls for competition among telecommunications providers (currently much of the population can only choose one or two), recognises privacy and consumer protection “as key elements of competition policy as well as ‘nice stuff,’” and has thought through issues of access to unlicensed spectrum.

    The Consumer Electronics Association similarly praised the call for competition, and the New America Foundation’s Open Technology Initiative said the plan had the potential to address the US’s shortcomings vis a vis other industrialised nations on the issue of access to and affordability of broadband.

    But others raised doubts as to the FCC’s authority to carry through on implementing the plan. Art Brodsky, also of Public Knowledge said the plan “took no position on how the competition necessary to improve consumer welfare should develop.”

    The New America Foundation said that many of the plan’s points rest on existing market policies that have produced the digital divide in the United States.

    CNet reported today that broadcasters are expected to oppose the reallocation of some of their spectrum that the FCC sees as underutilised.

    FCC Commissioner Michael Copps said of the plan that while some implementation would be difficult “at last, we begin to walk the broadband walk” with the plan in place [pdf].

    Separately, the US Department of Justice hosted on Monday an event “celebrating open government and freedom of information,” where Attorney General Eric Holder delivered remarks about progressing transparency initiatives in the US, such as assuming default openness to Freedom of Information Act requests.

    And earlier today, the FCC held a panel addressing a technical issues around the creation of a wireless broadband network exclusively devoted to issues of public safety that would be interoperable across the entire country.

    US Cybersecurity Bill Contains IP Rights Enforcement

    In another development, Senator John D. (Jay) Rockefeller, chairman of the US Senate Committee on Commerce, Science, and Transportation, and Senator Olympia J. Snowe (R-ME), a senior member of the committee, introduced legislation to boost the nation’s cybersecurity. The bill contains measures for the protection of intellectual property rights, along with civil liberties and business proprietary information, according to committee release.

    The cybersecurity bill summary and language are available here.

    Kaitlin Mara may be reached at kmara@ip-watch.ch.

    William New may be reached at wnew@ip-watch.ch.

     


    Leave a Reply

    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.