[Ecommerce] Marcus Barber on the proposed Broadcast/cablecast/webcast WIPO Treaty

Jeff Williams jwkckid1@ix.netcom.com
Thu Jan 15 11:28:01 2004


Philippe and all,

  This is yet another example of the WIPO's meddling inconsistently and
in bad faith with western interests and existing telecom trade agreements
already in place or effect today.


Philippe Aigrain wrote:

> The European directive on broadcasted and satellite transmitted material =
is a previous example of such transfer of rights from authors to distributo=
rs.
> However, it seems to me that the WIPO tentative treaty would steal even m=
ore rights from users and creators of future material (using previous), tha=
n it would from authors. I am particularly concerned that functionality suc=
h as critical analysis of broadcasted media, republishing of results of suc=
h a critic, quotation for the presentation of information and critic would =
be made impossible to implement without circumventing technical measures, w=
ith extreme risks and burden of the proof for the user that it was for a le=
gitimate purpose.
> As such functionality is essential for democracy and the maturation of me=
dia literacy, this treaty is one of the most dangerous pieces of proposed l=
egislation 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 trea=
ty 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
>
> _______________________________________________
> Ecommerce mailing list
> Ecommerce@lists.essential.org
> http://lists.essential.org/mailman/listinfo/ecommerce

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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