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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.

    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.

    US Second Circuit Decision Opens Questions Of Transformative And Fair Use

    A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.


    Brazil’s Discussion On Copyright Law Reform – Response To The Digital Era?

    Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.


    Intellectual Property Watch
    31 October 2006

    Online Content Among Many Issues At Internet Governance Forum

    By William New
    ATHENS – The four-day Internet Governance Forum opened on 30 October by addressing many topics, among them the availability of content online.

    Content on the Internet will be addressed in a variety of ways this week, including ways to boost local content creation in developing countries, ways to protect intellectual property rights, the free flow of information and open standards for information technology.

    The forum is an outgrowth of the United Nations-led World Summit on the Information Society, organised by the International Telecommunication Union. It is a non-negotiating body, and it remains unclear what its focus will be.

    David Gross of the US State Department highlighted the need for more local content in developing countries and stressed the need for intellectual property rights protection. Others in the week likely will argue for less content regulation to ensure access.

    Meanwhile, after the first day, several participants expressed concern that the forum lacked focus. “Today’s conversation didn’t have a lot of structure,” said Vint Cerf, an Internet creator and Google vice president. “Until we have that, we probably will have a lot of trouble making progress.”

    Cerf described several layers to the Internet, with content near the top. He urged participants not to view Internet governance in an overly abstract way but to focus on specific problems and how to solve them.

    “The term ‘Internet governance’ is an extremely high level abstraction,” Cerf told Intellectual Property Watch. The discussion about governance “needs to be held at the right level of abstraction to have concrete results,” he said.

    Looking at the Internet in terms of layers is a “way of creating a taxonomy of players,” he said. There is a physical equipment layer, “link” layer, network layer (involving Internet service providers), transport layer (the user on his computer), and the application layer, such as email or Web servers.

    Problems with access or criminal activity in a country or region could stem from a variety of sources and require varying approaches and responsible parties. “You really have to parse this carefully to understand who is responsible,” he said. If not, it can become one big “tarball,” he said.

    Cerf also was placed in the position of defending the ICANN model as a monopoly, which he argued is a necessary structure to prevent disarray in the accessibility of websites worldwide. Others privately have challenged this argument as a “scare tactic.”

    Milton Mueller, professor at Syracuse University (US) and leader of the Internet Governance Project based there, said if the discussion is an end in itself then the meeting is not worthwhile for the investment in long-distance travel and time. He said the problem is caused by participants such as the US government who “do not want to conclude anything.”

    Some speakers on the first day said that most governance must be addressed at local and national levels, but most seemed to acknowledge there are some issues that may need to be addressed at the international level. For instance, Cerf and Karen Banks of the Association for Progressive Communications raised jurisdictional issues in cases of copyright infringement on a cross-border website. Cerf also raised the security and consistency of electronic signatures. Others during the day raised spam (unsolicited email) and security.

    Industry representatives pushed for development to be addressed as they see new markets. Non-governmental groups raised issues but some appeared to focus their attention on the panels planned over the remainder of the forum.

    UN Versus ICANN?

    An underlying theme to the event is the ongoing power struggle over which body should take the lead on Internet governance. The Internet Corporation for Assigned Names and Numbers (ICANN), the Internet technical oversight body, has a range of stakeholders but is seen as heavy on industry representation and too closely tied to the US government.

    “We’re trying to be a multistakeholder organisation rather than a governmental organisation, and we think we’ve done that,” said Cerf, who is ICANN board chair.

    But the ITU, which is driving the Internet Governance Forum process, also appears to have a stake, as do potentially other organisations with particular expertise. ITU Secretary General Yoshio Utsumi on 30 October urged participants to question the existing Internet structure. He said the Internet community is split between those who think the current system is working well and those who want change. He said the assertion that there are no problems is false.

    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.