[Ecommerce] Marcus Barber on the proposed Broadcast/cablecast/webcast
WIPO Treaty
Philippe Aigrain
philippe.aigrain@wanadoo.fr
Tue Jan 13 11:09:01 2004
The European directive on broadcasted and satellite transmitted material is=
a previous example of such transfer of rights from authors to distributors=
.
However, it seems to me that the WIPO tentative treaty would steal even mor=
e rights from users and creators of future material (using previous), than =
it would from authors. I am particularly concerned that functionality such =
as critical analysis of broadcasted media, republishing of results of such =
a critic, quotation for the presentation of information and critic would be=
made impossible to implement without circumventing technical measures, wit=
h extreme risks and burden of the proof for the user that it was for a legi=
timate purpose.
As such functionality is essential for democracy and the maturation of medi=
a literacy, this treaty is one of the most dangerous pieces of proposed leg=
islation that came in our way.
Philippe Aigrain
Society for Public Information Spaces
Thiru Balasubramanian <thiru@cptech.org> wrote
Marcus Barber from Australia had these comments on the proposed WIPO treaty=
for the protection of broadcasters, cablecasters and webcasters?
Thiru
----------
The implications of this treaty are that inventors of material (the
authors, filmakers, researchers, lecturers, designers, artists etc)
will lose ownership of their own material simply because the owners of
the
vehicle of distribution (the 'casters) determine that they will not
permit the author rights of future use.
This is blatant theft of intellectual property by the 'casters in
their various guises.
What is proposed is akin to saying that passengers in a taxi now
belong to the taxi company, simply for choosing to ride in that taxi.
The moves by broadcasters, webcasters and cablecasters amounts to
blatant theft of intellectual property and the introduction of such
'laws' will lead to two distinct outcomes -
1. The amount of material available for broadcast and distribution
in electronic means will plummet
2. People will ignore the 'laws' and seek ways to distribute the
material.
Marcus Barber
Strategic Foresight Analyst
Swinburne University
Australia