[A2k] EDRI's 2 submissions to WIPO SCCR 13

[Ville Oksanen]

Mr. Chairman,

European Digital Rights represents 21 privacy and civil rights
organizations from 14 different countries all around Europe.

Since this is the first time we address this meeting, I=92d like to
congratulate Mr. Chairman on his re-election. And since this is the
first time since the general assembly, we=92d like to thank the member
countries for accepting EDRI as permanent observer to WIPO.

EDRI warmly welcomes the initiative made by Chile. We also endorse the
earlier longer statements from EFF and IP-justice, which already brought
up many of the central question pertaining exceptions and limitations.
Given that time is precious in this meeting, I=92ll keep our comments short=
.

EDRI strongly believe that exceptions and limitations should be as
central part of copyright system as the rights of the authors. Only a
truly balanced system can maximize the value created for the society. In
economics the exceptions has been seen since the early as an effective
way to remove excessive transaction costs.  The exceptions also help in
the situations, in which the transactions are not even possible for due
opposition from right holder as often happens in case of parody and satire.

The education sector =96 schools and libraries =96 and disabled persons do
benefit greatly from this additional effectiveness in those countries,
which have added strong and clear rules on exceptions and limitations.
However, these benefits should also to belong all countries. Thus, EDRI
firmly believes that a mandatory set exceptions and limitations should
be in place equally to rights.

Secondly, EDRI is worried that TMPs are making exceptions and
limitations effective meaningless. Luckily, the recent events seem to
imply that even if current copyright legislations do not limit the use
of TMPs, the other laws will do. For example, the Texas Attorney General
Greg Abbott has yesterday announced that the state will charge Sony BMG
for including "spyware" software on its CDs. However, EDRI believes that
it should be better to solve these problems inside the harmonized global
copyright system instead of relaying consumer protection and fair trade
practices laws, which differ from one country to other and thus lead
easily to excessive transaction costs.

Finally, we like to add one more thing. In words on professor Peter
Jaszi: =93As long as phrase =91exceptions and limitation=92 is used instead=
 of
=91users=92 right=92, no true balance can exists in copyright.=94

Thank you.

****

Mr. Chairman,

European Digital Rights represents 21 privacy and civil rights
organizations from 14 different countries all around Europe.

EDRI warmly welcomes Brazil=92s recent proposal to balance the existing
proposal.  EDRI also endorses the earlier statements from CSC, FIM and EFF.

To reiterate shortly our own position:
-=09The inclusion of webcasting and simulcasting =96 which are essentially
the same -does not really make sense at this point since nobody really
knows to what direction the technology and business models are moving in
the future. Even worse, the current proposals seems to discriminate
against grass root activities like podcasting and thus favor the big
existing traditional organizations.
-=09The period of protection should be =96 at max =96 20 years. Even the
patents, which require typically significantly higher investments, enjoy
that term of protection. It really should be enough.
-=09The treaty should not include technological protection measures. The
current experiences pertaining TMPs in protection of copyright do not
show any real success in limiting unauthorized copying - but instead =96 a
very real success in limiting users=92 legitimate rights to use their
legally obtained works.
-=09Finally, we would like to see much more impact assessment studies on
what effects different proposed options could have on the markets. For
example, we haven=92t seen yet any independent evidence that lack of
=93broadcast right=94 is currently a real problem for webcasters.

Thank you.