[Ecommerce] US Library groups write WIPO to support meeting on open collaborative models for development of public goods

[James Love]

The Executive Directors of the US American Association of Law Libraries,

the American Library Association, the Association of Research Libraries,
the Medical Library Association and the Special Libraries Association
have written letters to Kamil Idris at WIPO and to USPTO, urging
support for a meeting at WIPO on open collaborative models for the
development of public goods.  Here are links to both letters, and the
text of the letter to WIPO.   Jamie

(letter to USPTO
http://www.cptech.org/ip/wipo/libraries2PTO090403.pdf )

(Letter to WIPO)
http://www.cptech.org/ip/wipo/libraries2WIPO090403.pdf

September 4, 2003

VIA FACSIMILE AND EXPRESS MAIL
41-22-733-54-28

Dr. Kamil Idris
Director General
World Intellectual Property Organization
34, Chemin des Colombettes
1211 Geneva, Switzerland

Dear Dr. Idris:

I am writing to you on behalf of the American
Association of Law Libraries, the American Library
Association, the Association of Research Libraries, the
Medical Library Association, and the Special Libraries
Association. We write to express our surprise and dismay at
recent press reports that the World Intellectual Property
Organization may not take up an important recent proposal to
hold a conference on open and collaborative models for
development of public goods. The proposal was made in a
letter to you dated July 7, 2003, signed by several dozen
distinguished scientists, academics, technologists, open-
source advocates, consumer advocates, librarians, industry
representatives and economists worldwide. We urge WIPO to
hold such a conference in 2004 as proposed.

The application of open and collaborative models raises
important intellectual property issues for the international
community that WIPO should be addressing. These models are
experiments in creative use of intellectual property law to
achieve socially responsible and productive ends. The
letter discusses the importance of these models to such
varied efforts as development of the Internet and World Wide
Web, the Human Genome Project and other biotechnological
research, promotion of civil uses of global positioning
system technology, and access to academic research in the
developing world, as well as the benefits to software
development and use of free and open source access to
software code. We understand WIPO has received expressions
of concern regarding the propriety of its addressing free
and open source software. As the examples offered in the
proposal reflect, however, free and open source software and
other open and collaborative models are relevant to WIPO=92s
mission and of potentially profound importance to myriad
aspects of social and economic development.

Open source software is itself clearly an important
topic for WIPO to consider. Its use and potential are
intimately related to copyright and patent law and policy.
It is essential that this model be taken into account as the
international community considers the future of intellectual
property rights relating to information technology.
Consideration of other open and collaborative models will be
similarly critical to sound development of patent and other
forms of intellectual property protection. In short,
consideration of these models falls squarely within the
scope of WIPO=92s mandate as the primary international forum
for intellectual property policy.

We applaud WIPO=92s enthusiastic response to this civil
society proposal to address an important intellectual
property topic arising from new technologies and business
practices. It is well established that WIPO=92s mission
includes anticipating the priorities of member states and
focusing on challenges and opportunities presented by such
new technologies and practices. It is also clearly
recognized that industry and non-governmental organizations
are important WIPO constituents in their own right. In
fact, an express goal of WIPO is to develop increasingly
strong relationships with the various segments of civil
society. These mission objectives and principles are
articulated, for example, in the Vision and Strategic
Direction of WIPO, endorsed by the Assemblies of the Member
States of WIPO in their Thirty-Fourth Series of meetings,
Geneva, September 20 to 29, 1999.

We appreciate that WIPO must operate within strict
budgetary constraints, and that its annual program is
accordingly carefully defined. Hosting any conference
requires the expenditure of significant resources of time
and money. The topic of open and collaborative models is
important and timely, however. We believe a conference to
address this topic should be viewed as a priority for 2004.
While such a conference may not have been expressly
contemplated during its preparation, the Revised Proposal
for Program and Budget 2004-2005 includes a number of
programs the articulated goals of which could be
substantially furthered by a conference on open and
collaborative models. Such programs include: Program 5,
=93Copyright and Related Rights;=94 Program 7, =93Selected Issues
of Intellectual Property Protection;=94 and Program 11,
=93Intellectual Property for Development and Prosperity;
Creation of IP Culture.=94

In light of the strong views expressed about this
proposal to date, it may be appropriate for the membership
to consider formally whether WIPO should hold such a
conference, to provide the organization clear direction as
to how it can and should proceed. Accordingly, the issue
of whether to hold a conference on open and collaborative
models could be addressed at the next Program and Budget
Committee meeting scheduled for September 8-10. Regardless
of the process adopted to review the proposal, we strongly
support WIPO=92s holding such a conference in 2004 and greatly
appreciate the ongoing efforts WIPO is making to reach out
to the members of civil society.

Sincerely,


Susan Fox
Executive Director
American Association of Law Libraries

Keith Fiels
Executive Director
American Library Association

Duane E. Webster
Executive Director
Association of Research Libraries

Carla J. Funk
Executive Director
Medical Library Association

Janice R. Lachance
Executive Director
Special Libraries Association

cc: James E. Rogan, United States Patent and Trademark
Office
Lois E. Boland, United States Patent and Trademark
Office
Marybeth Peters, United States Copyright Office


The American Library Association (=93ALA=94) is a nonprofit
educational organization of approximately 65,000 librarians,
library educators, information specialists, library
trustees, and friends of libraries representing public,
school, academic, state, and specialized libraries. ALA is
dedicated to the improvement of library and information
services and the public=92s right to a free and open
information society.

The Association of Research Libraries (=93ARL=94) is a nonprofit
association of 123 research libraries in North America.
ARL=92s members include university libraries, public
libraries, government and national libraries. Its mission is
to shape and influence forces affecting the future of
research libraries in the process of scholarly
communication. ARL programs and services promote equitable
access to and effective uses of recorded knowledge in
support of teaching, research, scholarship and community
service.

The American Association of Law Libraries (=93AALL=94) is a
nonprofit educational organization with over 5,000 members
nationwide. AALL's mission is to promote and enhance the
value of law libraries to the legal and public communities,
to foster the profession of law librarianship, and to
provide leadership in the field of legal information and
information policy.

The Medical Library Association (=93MLA=94) is a nonprofit
educational organization of more than 900 institutions and
3,800 individual members in the health sciences information
field committed to educating health information
professionals, supporting health information research,
promoting access to the world's health sciences information,
and working to ensure that the best health information is
available to all.

The Special Libraries Association (=93SLA=94) is a nonprofit,
educational organization serving more than 13,000 members of
the information profession, including special librarians,
information managers, brokers, and consultants.