[Ecommerce] My Slides from Today's OECD meeting on Digital Content Creation, Distribution and Access

[James Love]

I was given a pretty brief amount of time in the morning plenary...
these were my slides. Jamie

Protecting Access to Knowledge (A2K) in the Future Digital Economy
             James Love
             CPTech

             January 30, 2006, OECD meeting on
             Digital Content Creation, Distribution and Access

             Rome, Italy

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Pro-actively regulate TPM/DRM before extending legal protections.

TPM/DRM systems can lock-up content and uses of content, even when:
             * The content is not protected by copyright
             * The use is allowed under copyright
             * The use would be normally be permitted by the actual
copyright owner, or in cases where the copyright owner cannot be
found (orphan works).

New Paradigm for Regulation of DRM/TPM system
             * Require TPM/DRM vendor to seek approval before the
scheme is protected.
             * Place burden on TPM/DRM vendor to demonstrate system
does not unduly undermine legitimate uses, or personal privacy.
             * The protection of TPM/DRM systems does not necessarily
have to track copyright protection, in areas such as the term or
protected subject matter.
             *Approval of TPM/DRM systems should be limited to cases
where the TPM/DRM system is the least restrictive way protect
legitimate interests of copyright owners, and does not unduly
undermine consumer rights and interests.
             *Require periodic reviews of TPM/DRM before renewing
legal protections


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The WIPO Broadcast/Webcast Treaty is the wrong paradigm for access to
knowledge

             Treaty would expand =93Rome=94 convention type protections
of broadcasters, and extend new regime to the Internet.
             Protections based upon =93investment=94 in distributing
works, rather in creativity.
             Ill defined =93webcasting=94 activities would be protected.
(Data, text, audio visual content, web pages, podcasting, search
engines, mobile phones, etc?)
                         The EU and the US pushing for =93technology
nuetral=94 export of Rome related rights approach to the Internet.
             Introduces new lawyer of property rights (and required
permissions) for information disseminated on Internet.
             Harmful regime for broadcast television and radio, but a
much worse system for the Internet.
             Next WIPO SCCR meeting on treaty is May 1-5, in Geneva.

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Open Document Formats are Important

The monopoly in word processing, presentation graphics and
spreadsheets software is harmful, leading to high prices and less
innovation.

At the core, the monopoly is about standards.

Competition authorities have not meaningfully controlled monopoly
power in this field.

The key strategic opportunity to promote competition is in
procurement policy, and in particular, in requiring open, standards
compliant file formats for data.

(Note that open HTML standards have lead to an explosion of
innovation and competition in tools for authoring web pages).

The most important test of open standards is the debate over support
for the the OASIS Open Document Format for Office Applications, which
covers applications such as word processors, spreadsheets and charts.


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To change the dynamics of the debate:

Create global frameworks to support public goods

             WIPO Treaty on Access to Knowledge
                         Referenced in the WIPO Development Agenda
                         Two 2005 consultations on the possible
elements of such a treaty
             WTO General Agreement on Public Goods
                         Proposal modeled after the WTO GATS
                         Countries would make offers to supply public
goods

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James Love, CPTech / www.cptech.org / mailto:james.love@cptech.org /
tel. +1.202.332.2670 / mobile +1.202.361.3040

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