[A2k] Jukka’s definition of a signal

[James Love]

http://www.keionline.org/index.php?option=com_jd-wp&Itemid=39&p=66

WIPO Casting Treaty
Jukka’s definition of a signal
June 21st, 2007 by James Love

In the new June 21 text of the non paper they have just handed out,
the Chair has proposed a definition of a signal, finally. It is take
from the Brussels Convention, and reads as follows:

     ( ) “signal” means an electronically-generated carrier capable
of transmitting programs;

This is from Article 1 of the Brussels Convention, which reads:

     (i) “signal” is an electronically–generated carrier capable of
transmitting programmes;

However, the Brussels has more definitions of signals. The others are
these:

     (iv) “emitted signal” or “signal emitted” is any programme–
carrying signal that goes to or passes through a satellite;
     (v) “derived signal” is a signal obtained by modifying the
technical characteristics of the emitted signal, whether or not there
have been one or more intervening fixations;

In the Brussels Convention, the protection is for “adequate measures
to prevent the distribution on or from its territory of any programme–
carrying signal by any distributor for whom the signal emitted to or
passing through the satellite is not intended.”

But the protection “shall not apply to the distribution of derived
signals taken from signals which have already been distributed by a
distributor for whom the emitted signals were intended.”

This is what is missing in the non-paper, a way to distinguish
between the signals that are protected (in Brussels, the signals that
supposed to be available to only an intended recipient), and the
signals that are not protected (the signals that the legitimate
recipients makes for us own legal uses).

The WIPO Broadcasting treaty could and should make such a
distinction, if it was to be a truly “signal based” protection,
rather than a “rights based” protection.

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James Packard Love
Knowledge Ecology International
mailto:james.love@keionline.org
tel. +1.202.332.2670 / U.S. mobile+1.202.361.3040, Geneva mobile
+41.76.413.6584

"If everyone thinks the same: No one thinks." Bill Walton"