[Ecommerce] (IP-Watch) Rita Hayes on DRM and casters'
treaty at OECD
sarah.b.deutsch@verizon.com
sarah.b.deutsch@verizon.com
Thu Feb 2 10:50:10 2006
A few of us on the list attended this OECD event. It was interesting that=
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Rita Hayes called for standardizing DRM. I responded in my talk that if=
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standardization was such a priority for the content community, you would=0D
have thought that they would have started some talks since 1998, when the=
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DMCA first became law. Section 512(i) states that service providers will=
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accommodate and not interfere with "standard technical measures," which are=
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standards created pursuant to open industry processes.=0D
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This did not make the press - but Mary Beth Peter's speech was especially=
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controversial. She called for global harmonization of secondary liability=
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regimes, noting the importance of secondary liaiblity as a concept and the=
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Grokster decision.=0D
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Many of the content community attendees in the audience were upset over the=
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relatively balanced panels the OECD put together and even more concerned=0D
that the OECD not put any further work into thinking about IP issues, given=
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their propensity to hear from all sides.=0D
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Sarah=0D
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Sarah B. Deutsch=0D
Vice President & Associate General Counsel=0D
Verizon Communications=0D
Phone: 703-351-3044=0D
Fax: 703-351-3670=0D
sarah.b.deutsch@verizon.com=0D
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"Manon Ress"=0D
<manon.ress@cptec=0D
h.org> To=
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Sent by: ecommerce@lists.essential.org,=0D
ecommerce-admin@l "Broadcast Discuss"=0D
ists.essential.or <broadcast-discuss@lists.essential.=
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02/02/2006 08:45 Subject=
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AM [Ecommerce] (IP-Watch) Rita Hayes=0D
on DRM and casters' treaty at OECD=
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http://www.ip-watch.org/weblog/index.php?p=3D211&res=3D1024_ff&print=3D0=0D
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2/2/2006=0D
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Top WIPO Copyright Official Promotes DRMs, Stresses Cooperation=0D
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posted by William New @ 12:29 pm=0D
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ROME - The top official for copyright issues at the World=0D
Intellectual Property Organisation (WIPO) this week told a gathering=0D
of experts that standards are needed to protect content online, and=0D
stressed cooperation among institutions and others in the field.=0D
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=E2=80=9COur work together is gaining increasing importance and increasing=
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urgency,=E2=80=9D said Rita Hayes, deputy director for copyright and relate=
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rights at the UN World Intellectual Property Organisation (WIPO).=0D
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Speaking at an 30-31 January event sponsored by the Organisation for=0D
Economic Cooperation and Development, Hayes called for greater=0D
cooperation.=0D
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OECD officials also stressed cooperation. Secretary-General Donald=0D
Johnston highlighted the OECD=E2=80=99s involvement in digital content,=0D
including in education, e-government, and science. He said the OECD=E2=80=
=99s=0D
role is as analyst, and said that it informs governments in their=0D
decision-making.=0D
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Hugo Parr, chairman of the OECD committee on information technology=0D
policy told Intellectual Property Watch that there is no threat to=0D
WIPO of the OECD moving into the area.=0D
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=E2=80=9CInternational organisations should take care not to duplicate work=
,=E2=80=9D=0D
he said. =E2=80=9CI think the OECD is broad enough and has a broad enough=
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mandate in terms of total economic perspective of its member nations=0D
that it has interest in IPR as one factor of the economy, among many.=0D
But I don=E2=80=99t see it becoming a competitor to WIPO, for instance.=E2=
=80=9D Parr=0D
said the OECD=E2=80=99s expertise lies in =E2=80=9Cassisting governments wi=
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analysis and policy recommendations.=E2=80=9D=0D
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Hayes also emphasised the importance of intellectual property.=0D
=E2=80=9CIntellectual property has moved to centre stage,=E2=80=9D Hayes sa=
id, noting=0D
its increasing role in the economies of many nations. Intellectual=0D
property, though it is intangible, is the basis for entire=0D
industries, she said.=0D
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Hayes said estimates are that intellectual property accounted for US=0D
$3 trillion in global trade last year, and that is expected to double=0D
to more than US$6 trillion by 2020. The creative industries are=0D
growing faster than any other sector, she added.=0D
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There are many different views about copyright protection, she said,=0D
but everyone shares a common interest in content, which is the=0D
=E2=80=9Ccurrency =E2=80=A6 across the Internet.=E2=80=9D =E2=80=9CWithout =
attractive and innovative=0D
content, the Internet would be a barren landscape,=E2=80=9D she said.=0D
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Hayes said WIPO stresses the importance of intellectual property=0D
protection, and named three key factors to be pursued. These are to=0D
establish an inclusive and sound legal framework, efficient=0D
enforcement regimes, and an intellectual property environment that=0D
encourages the development of creative industries.=0D
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On the legal framework, WIPO is focused on getting nations=E2=80=99 adheren=
ce=0D
to its 1996 treaties related to the Internet, the WIPO Copyright=0D
Treaty and the WIPO Performances and Phonograms Treaty, she said.=0D
Hayes promoted digital rights management, and said further work is=0D
needed, such as in developing standardisation and helping with=0D
interoperability of systems, and in reducing legal obstacles.=0D
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=E2=80=9CWithout a common approach to DRM standards, key issues regarding=
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compatibility between digital devices and copyright-protected digital=0D
content will remain unresolved,=E2=80=9D she said in her prepared remarks.=
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=E2=80=9CThis would be an obstacle to increasing the legal availability of=
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copyrighted content on the Internet.=E2=80=9D=0D
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WIPO also is considering =E2=80=9Cways to address the interplay between=0D
limitations and exceptions and DRM-protected content =E2=80=93 particularly=
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in regard to accessibility issues,=E2=80=9D she added.=0D
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Michael Geist, University of Ottawa law proferssor, highlighted in=0D
his blog after the event that it is the content industry view that=0D
interoperability among electronic gadgets is the problem with DRMs.=0D
This, he said, runs contrary to the consumer or user view that DRMs=0D
get in the way of their use of technologies.=0D
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Hayes also touted the negotiation at WIPO for a treaty on the rights=0D
of broadcasters. Some later speakers criticised the idea as outdated=0D
because it reinforces an older broadcast-driven thinking about=0D
content, and also because it would potentially give new, unnecessary=0D
rights to broadcasters.=0D
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Hayes highlighted several principles behind WIPO. The organisation is=0D
member-driven; has a legal framework that strikes a balance between=0D
the needs of stakeholders (reflected by the recent inclusion of=0D
exceptions and limitations for education and disabilities in the=0D
agenda of the WIPO Standing Committee on Copyright and Related=0D
Rights); is flexible; and is focused on IP protection.=0D
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A key issue facing WIPO is the debate over expansion of its=0D
development agenda. Hayes mentioned that there has been a =E2=80=9Cmeaningf=
ul=0D
discussion=E2=80=9D on development. But she did not discuss the development=
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agenda. Instead, she mentioned the digital divide, noting that as of=0D
2005, there were over 640 million people online, but only 1.5 percent=0D
of the African population is online compared with 67 percent in the=0D
United States.=0D
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Strong partnerships and cooperation will be critical for the future,=0D
she concluded.=0D
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This work is licensed under a Creative Commons License. All of the=0D
news articles and features on Intellectual Property Watch are also=0D
subject to a Creative Commons License which makes them available for=0D
widescale, free, non-commercial reproduction and translation.=0D
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William New, the author of this post, may be reached at wnew@ip-=0D
watch.ch.=0D
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