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

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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.

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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.

Quantitative Analysis Of Contributions To NETMundial Meeting

A quantitative analysis of the 187 submissions to the April NETmundial conference on the future of internet governance shows broad support for improving security, ensuring respect for privacy, ensuring freedom of expression, and globalizing the IANA function, analyst Richard Hill writes.


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    US Makes New Exemptions To Digital Millennium Copyright Act Provision

    Published on 1 November 2012 @ 9:34 pm

    By for Intellectual Property Watch

    The United States has made new exemptions to a provision in its copyright law that prohibits the circumvention of technological measures to gain access to protected digital works.

    The Federal Register notice of the new exemptions is here [pdf].

    As part of the triennial review of Section 1201(a)(1)(B) of the US Copyright Act, the Librarian of Congress approved the following “classes of work” to be allowed effective 28 October:

    1. Assistive technologies for the blind in electronically-distributed literary works, an exception proposed by the American Council of the Blind and American Foundation for the Blind, and supported by The Samuelson-Glushko Technology Law & Policy Clinic at the University of Colorado School.

    “Literary works, distributed electronically, that are protected by technological measures which either prevent the enabling of readaloud functionality or interfere with screen readers or other applications or assistive technologies, (i) when a copy of such a work is lawfully obtained by a blind or other person with a disability…”, read the summary of the final decision from the Library of Congress.

    2. Computer programmes for interoperability in wireless telephone handsets which enable the popular activity known as “jail-breaking,” an exception proposed by the Electronic Frontier Foundation (EFF) and supported by, among others, New America Foundation’s Open Technology Initiative, New Media Rights, Mozilla Corporation, and the Free Software Foundation. The final ruling, however, has modified the recommendation of the proponents by excluding tablet computers.

    “Computer programs that enable wireless telephone handsets to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the telephone handset,” read the decision.

    3. Computer programmes to enable interoperability with another network that has failed to unlock its system upon a request, an exemption proposed by the Consumers Union, Youghiogheny Communications, MetroPCS Communications, and the Competitive Carriers Association.

    “Computer programs, in the form of firmware or software, that enable a wireless telephone handset originally acquired from the operator of a wireless telecommunications network or retailer no later than ninety days after the effective date of this exemption to connect to a different wireless telecommunications network, if the operator of the wireless communications network to which the handset is locked has failed to unlock it within a reasonable period of time following a request by the owner of the wireless telephone handset…”, the ruling stated.

    4. The use of movie excerpts for commentary, criticism and educational purposes, an exemption proposed by the EFF and the University of Michigan Library and supported by the Organization for Transformative Works.

    “[W]here the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary because reasonably available alternatives, such as noncircumventing methods or using screen capture software as provided for in alternative exemptions,” it said.

    5. The use of movie excerpts and other audiovisual works for captioning and descriptive audio purposes, an exemption proposed by the Deaf and Hard of Hearing, Inc., Gallaudet University, and the Participatory Culture Foundation

    “[W]hen circumvention is accomplished solely to access the playhead and/or related time code information embedded in copies of such works and solely for the purpose of conducting research and development for the purpose of creating players capable of rendering visual representations of the audible portions of such works and/or audible representations or descriptions of the visual portions of such works to enable an individual who is blind, visually impaired, deaf, or hard of hearing, and who has lawfully obtained a copy of such a work, to perceive the work; provided however, that the resulting player does not require circumvention of technological measures to operate,” it read.

    As a result, based on Section 1201(a)(1)(D) of the US Copyright Act, the use of copyrighted works falling within the determined classes of works will not be considered as infringing for the next three years.

    Other proposals that were considered but did not make it to the list are digital access to literary works in the public domain, computer programmes for interoperability for video game consoles, computer programmes for interoperability for personal computing devices and space shifting for movies and other works on DVDs and other media.

    In making the ruling, the Librarian of Congress considered the recommendatons made by the Register of Copyrights, the one tasked to provide the notice of the proceeding and to consult with the Assistant Secretary for Communications and Information at the US Department of Commerce.

    The latest ruling was the fifth release of exemptions to the provision since the enactment of the Digital Millenium Copyright Act (DMCA), the law that made the circumvention of technological measures in protected electronic works illegal. The DMCA was enacted for the US to comply with the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty.

    Maricel Estavillo may be reached at maricelestavillo@gmail.com.

     


    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.

     

     
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