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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    厄瓜多尔的新举措:用自由软件打击盗版

    Published on 17 May 2010 @ 8:26 pm

    By , Intellectual Property Watch

    一家地区性非盈利团体与厄瓜多尔知识产权局共同发起一个项目,用自由软件作为打击软件盗版的法律替代方案。该项目使用公共图书馆来传播自由软件。

    关于这个“自由图书馆”项目,拉丁美洲知识产权开发研究中心(又称“Corporación Innovarte”)与国家知识产权局签署了一个协议,建立厄瓜多尔和图书馆联盟自由软件基金。该中心致力于促进公众获得知识、创新和文化作为发展工具。

    自由软件将作为图书馆的一部分提供。该举措将在人民群众当中传播自由软件,以达到两个目标:在支持“各种教育和研究可能性传播”的同时向人民提供各种选择方案,也有助于限制非法软件的使用。

    自由软件基金会认为,自由软件使用户能够“运行、复制、传播、学习、改变和改善软件。”其前提就是获得源代码。复制件可以通过修改或不予修改而再传播,可以收费也可以免费,可以提供给“任何人,任何地方。”自由软件是一个自由的问题,而非价格问题。该基金会谈到自由(free)一词的定义, 补充说道:“自由一词,就像自由(英语“free”)言论一样,而不是像免费(英语也是“free”)啤酒一样。”

    自由软件倡导者说,他们赞成版权,因为软件取决于版权。

    拉丁美洲知识产权开发研究中心主任、前智利负责世界知识产权组织工作的代表维拉洛尔(Villarroel)说,厄瓜多尔知识产权局强烈支持这一举措。“厄瓜多尔知识产权局是第一个支持此类举措的知识产权局,”他告诉《知识产权观察》,从而使之成为“以积极和建设性方式”促进尊重版权的一个步骤。

    智利也启动了这一项目,尽管智利知识产权局在“支持倡导自由软件的运动”方面不太情愿。在这个国家,非政府组织邀请各图书馆参加吹风会,并逐个接近图书馆,向自愿参与项目的图书馆发放含有软件的“一两个CD盘”,只要其愿意,图书馆可以把CD盘出借、复制甚至修改。他后来补充说,该项目在智利现在也利用学校来传播自由软件。

    他说,尼加拉瓜也在进行项目的试点阶段,在乌拉圭,也已联系了图书馆协会,以便在今年晚些时候启动项目。该项目的资金来源是一大挑战,美洲知识产权开发研究中心正在努力另外筹款,并请求一些自由软件公司以实物捐助方式支持项目。

    厄瓜多尔自由图书馆项目协调员基纳•布瑞托(Gina Brito)指出,在厄瓜多尔CD盘中共有19个节目分发给图书馆,所有这些都无法在Windows平台上运行,还有一些流行主流软件的替代品。可以安装上软件,与CD盘相配套的还有一个用户指南。

    根据厄瓜多尔知识产权局长安德雷斯•依扎卡•曼提拉(Andrés Ycaza Mantilla)的说法,该项目的名称就是自由图书馆,这是一个叫做“合法化”(“Legalzate”)运动的一部分。这一运动的思想就是“通过使用自由软件使你的活动合法化”。

    他补充道,厄瓜多尔知识产权局在自由图书馆项目中发挥了积极作用,但是“它目前还支持着由非自由软件组织的反盗版运动,诸如工商软件联盟组织”。工商软件联盟每年编制统计,显示因盗版而损失的收入高达数十亿。但是一些人已经对其计算表示质疑,即任何盗版都应该按照全价方式算作损失的销售。

    依扎卡•曼提拉说,尚无法确定参与该项目的图书馆数量,但是知识产权局希望有“尽可能多的图书馆”参与,同时要有最低限的基础设施和组织。

    同时,知识产权局“支持软件业采取的反盗版举措。我们相信,这些举措在打击本国的软件盗版方面发挥着积极作用,并希望其他国际产业在厄瓜多尔维护其知识产权方面予以效仿,发挥积极作用”。

    牛威廉帮助完稿。
    劳玉军译

     


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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.

    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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    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.

     

     
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