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Ten Questions About Internet Governance

On April 23 in Sao Paulo, Brazil, the “Global Multistakeholder Meeting on the Future of Internet Governance,” also known as “NETmundial” in an allusion to the global football event that will occur later in that country, will be convened. Juan Alfonso Fernández González of the Cuban Communications Ministry and a veteran of the UN internet governance meetings, raises 10 questions that need to be answered at NETmundial.


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    New Draft Text Issued By WIPO Negotiators For Visually Impaired Treaty

    Published on 19 June 2013 @ 11:01 pm

    By , Intellectual Property Watch

    World Intellectual Property Organization delegates this week have launched into negotiations expected to yield the first treaty creating exceptions and limitations to copyright for the benefit of visually impaired people. Many delegations have said much work remained to be done in the next ten days to breach differences. A new text on commercial availability was released this evening .

    The “Diplomatic Conference to conclude a Treaty to facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities” is taking place from 17-28 June in Marrakesh, Morocco.

    The new draft text on commercial availability is available here [pdf]. The status of this document was not clear at press time.

    According to the rules of procedures adopted on 18 June with the understanding that the composition of the drafting committee was not yet settled and would be issued later, the diplomatic conference has two main committees. Committee I is in charge of proposing text for adoption by the plenary, and Committee II is responsible for proposing for adoption by the plenary of “any administrative and the final clauses of the Treaty.”

    Committee I started work on the afternoon of 18 June, at the close of the first plenary session. According to sources, negotiators have been discussing the issue of commercial availability, which was one sore point in the negotiations leading to the diplomatic conference (IPW, WIPO, 14 June 2013).

    Commercial availability appears in Article D (3) (Cross-border exchange of accessible format copies) of the new draft text. This refers to a limitation on cross-border exchange in the case that commercially available copies of special format work exist, within reasonable time and price in the country of importation. It has been vigorously opposed by some developing countries and associations representing blind persons.

    Tonight, a new draft proposal was issued in Committee I, for Article D(3) including a series of proposals the United States, the European Union, and the African Group, and informal proposals by Ecuador, and Singapore. The draft proposal was posted by Knowledge Ecology International.

    The African Group proposed that “whenever an authorized Entity in a Contracting Party/Member States requests a copy of an accessible format copy, such request shall constitute sufficient evidence that the work requested is not commercially available in the importing country for beneficiary persons.”

    The European Union said in its opening statement [pdf], “We are ready to explore all possible compromises that stay within our objective and reach an acceptable level of legal certainty.” The group appears to have proposed in Article D(3) some soothing language for opponents of the commercial availability clause. It states: “Furthermore, it is understood that this Article does not imply [that national law should impose] any duty on the exporting authorized entity to investigate whether the work in the particular accessible format can be obtained under reasonable terms for beneficiary persons in the receiving country or any action that will delay the distribution or making available of the accessible format copy to beneficiary persons.”

    In the “informal proposal” of the draft proposal, appears the notion of interoperability, which has been advocated by blind people.

    The draft text, as it stands, is still punctuated with brackets (reflecting areas of disagreement).

     

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

     

    Comments

    1. New Draft Text Issued By WIPO Negotiators For Visually Impaired Treaty | LJ INFOdocket says:

      [...] From IP Watch: [...]


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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.

     

     
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