[A2k] June 19 CCIA on WIPO Treaty in text (sorry for previous format)

[Manon Ress]

--
[ Picked text/plain from multipart/alternative ]
June 19, 2007 Intervention by Computer & Communications Industry
Association

On behalf of the Computer & Communications Industry Association, I
would like to thank the Committee for this opportunity to express our
views. CCIA members represent a broad cross-section of the
information and communications technology industries. I have also
been asked to represent that these views are held by several of the
technology and communications industry observers present here today.

As was stated by industry representatives previously, it is our view
that any protection should utilize a =93signal theft=94 approach. For the
General Assembly=92s mandate to pursue a =93signal-based=94 approach to
have meaning, it must indicate a departure from the previous,rights-
based approach. This view was expressed in the Joint Statement of
Certain Civil Society, Private Sector and Rightsholder
Representatives, signed by 40 entities, that was made available at
the First Special Session of the SCCR.

Many of the concerns raised in that Joint Statement remain as
relevant today as they were in January. In addition to our concern
about a rights-based approach, we remain concerned about the possible
inclusion of Internet retransmission, and the risk such protection
could pose for network intermediaries.

We are encouraged by the suggestions of several delegations that Art.
10 of the Nonpaper should be amended to state that that Contracting
Parties shall provide for the same kinds of limitations or exceptions
with regard to the protection of broadcasting organizations as they
provide with regard to copyright and related rights. This revision
would be superior to the current language, which merely states that
Contracting Parties may provide such limitations and exceptions.
Ensuring harmony between any broadcast protection and the protection
of rights in underlying content would promote non-infringing access
to and use of broadcasts without undermining the goal of protection.

Nevertheless, we remain concerned about the provisions for
technological protection measures. In our experience, technological
protection measures have effectively trumped important limitations
and exceptions, leaving industry and end-users no recourse except
expensive and uncertain litigation. For this reason, we believe such
protection measures require additional study before being included in
another multilateral instrument.

To proceed without resolving these concerns could inadvertently
burden the development of innovative communications technology. To
that end, we remain at the Committee=92s disposal in its continuing
efforts.

************************************************************************
***
Manon Anne Ress
manon.ress@keionline.org,

1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727

24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607