[Random-bits] "a tough but commendable decision" plus: William New: WIPO Broadcasting Treaty Talks Break Down

[James Love]

http://www.keionline.org/index.php?option=3Dcom_jd-wp&Itemid=3D39

WIPO Casting Treaty | James Love
=93a tough but commendable decision=94
June 22nd, 2007

They go into session today at 10am to discuss how to report the =20
week=92s events to the WIPO General Assembly, so officially, nothing is =20=

decided yet, but it appears as though WIPO will not be approving a =20
diplomatic conference. Jukka Liedes, who has apparently chaired the =20
WIPO copyright committee for all but two days over a twenty year =20
period, may try to find a way to keep this alive, but many delegates =20
are determined to move on to something else. One delegate said the =20
decision to end the negotiation =93was a tough but commendable =20
decision.=94 It was very tough because of the intense lobbying by the =20=

aggressive and politically influential broadcasting industry, and it =20
was commendable, because the delegates faced up to the unresolved =20
differences that made a diplomatic conference an untimely and unwise =20
venture, for everyone. The statements by the United States and India =20
that led to the end of the negotiations were supported by a number of =20=

other delegations, who were also frustrated by the increasingly =20
unrealistic efforts to find a consensus, or even a common =20
understanding on the objectives of the treaty. All of the civil =20
society NGOs were very pleased the negotiations came to an end, and =20
many of the lobbyists for the copyright industries were also in =20
agreement that a diplomatic conference was not a good idea, given the =20=

range of issues still on the table. But today we will hear from =20
Jukka, the EU and others who want to keep this project going, and =20
I=92ll report more.


Next, William New's report on the negotiations:
-------------
http://www.ip-watch.org/weblog/index.php?p=3D664&res=3D1024_ff&print=3D0

22 June 2007
WIPO Broadcasting Treaty Talks Break Down

By William New
World Intellectual Property Organization negotiations for a treaty on =20=

rights for broadcasters broke down at the eleventh hour, according to =20=

participating government officials. A high-level final treaty =20
negotiation scheduled for November will not take place, they said.

The outcome will not be official until Friday, however, when the =20
Standing Committee on Copyright and Related Rights resumes in a =20
plenary session. Government sources stopped short of calling the =20
treaty talks dead forever, saying that proponents might still propose =20=

a way to resume the talks in the future.

Too many fundamental disagreements over proposed draft treaty text =20
made it clear that the committee would not be able to make a clear =20
recommendation to the September WIPO General Assembly that the high-=20
level negotiation, or diplomatic conference, should be held in =20
November as scheduled, participants in the closed-door negotiations =20
told Intellectual Property Watch.

At issue is a proposal to increase the rights of broadcasters and =20
cablecasters over their transmissions in order to prevent signal =20
theft, under discussion in the 18-22 June committee meeting. The 2006 =20=

WIPO General Assembly mandated that the committee narrow differences =20
on a 100-plus page proposal, SCCR 15/2, in order to proceed to the =20
November diplomatic conference. This was the final scheduled meeting =20
of the committee before the General Assembly makes its decision in =20
September.

The discussion stalled progressively as objections and alternatives =20
to language in the chair=92s unofficial draft treaty proposal piled up, =20=

sources said. But it turned on a statement by the US delegation late =20
Thursday night that it could not see any way to resolve differences =20
in the time remaining. The US said that in the entire paper under =20
discussion they saw =93not a single area of agreement,=94 whether it was =
=20
new or years-old proposals, a US official said.

=93We weren=92t being pessimistic, we were being realistic,=94 the =
official =20
said, as it recognised the General Assembly=92s mandate could not be =20
fulfilled. =93We were confident that agreement on these key issues was =20=

not within our grasp, even if we had additional days,=94 the official =20=

said.

Several countries followed the United States, either opposing or =20
regretting the inability to hold the diplomatic conference, including =20=

Brazil, India, Canada, Switzerland, Algeria (on behalf of the African =20=

Group), Kenya, and Benin, according to one official.

=93There are some strongly held but widely divergent views,=94 the US =20=

official said. Another factor was the recognition that technologies =20
have continually evolved since the start of the broadcasting =20
negotiation nearly 10 years ago, the official said.

India made reference to the negotiation not proceeding =93by any means =20=

necessary,=94 which also was one of the more contested phrases in the =20=

chair=92s draft text. =93We strived and struggled but could not reach =20=

consensus,=94 said an Indian official, adding that this left the group =20=

with the decision =93this diplomatic conference won=92t take place.=94

The committee recommendation to the assembly on how to proceed could =20
be highly contested on Friday, officials said. One participant said =20
Chair Jukka Liedes of Finland, who has led the talks for 10 years, =20
has been creative in the past at keeping the negotiation alive =20
despite adversity. =93He has a very fertile mind,=94 the participant =
said.

10 Years and Still Divided

The unsuccessful outcome of key talks Thursday at the World Trade =20
Organization down the street also rippled through the hallways of =20
WIPO but officials said there was no direct link. If you asked five =20
officials coming out of the closed-door negotiations at midday =20
Thursday, you got five different answers on whether they are likely =20
to proceed to a final treaty negotiation later in the year. But =20
continued disagreements during the day, captured in two unofficial =20
draft papers, led delegations to declare they could not recommend =20
proceeding.

This week=92s draft =93non-papers=94 should be posted here soon.

It has been difficult to gauge progress this week on the high-profile =20=

treaty proposal. The week=92s discussions have focused on a document =20
that has not yet been officially recognised, a 10-page non-paper from =20=

the meeting chair, who said he based it on consultations with members.

The final day of the weeklong meeting was set aside for a preparatory =20=

committee meeting to work out procedures for the November diplomatic =20
conference.

New versions of paper finally emerged on Thursday showing that =20
members had added many alternatives to the chair=92s version of the =20
provisions. Members said there was also concern about the chair=92s =20
discretion in handling proposals from governments. Europe was seen as =20=

the strongest proponent for the treaty.

The members overruled the chair and chose to proceed this week on an =20
article-by-article approach. During the week, a number of new =20
proposals were suggested to change language of the non-paper to the =20
point where some officials said it would be difficult to recommend to =20=

the General Assembly that a treaty is in sight.

=93In addition to having a lot of proposals you have a lot of =20
directions,=94 said one participating official. =93They are not merely =20=

divergent, they are adding new things to the treaty. That makes it =20
difficult to find one single goal to go to.=94

Heading into the second late-night session in a row, key provisions =20
remained to be addressed, including technological protection =20
measures, which could be used by broadcasting companies to control =20
access to content.

Also to be dealt with are three paragraphs being referred to by some =20
as =91public interest=92 provisions, which would highlight a need to =20
balance broadcasters=92 rights with public interests, promote access to =20=

knowledge, prevent anti-competitive practices, and safeguard cultural =20=

diversity.

These three paragraphs were moved by the chair into the preamble of =20
the treaty, and a key disagreement is over whether they should remain =20=

there. Supporters of moving them back to the main text appeared to =20
include Brazil, Chile, India, Venezuela and the African Group, =20
sources said. The United States, Switzerland, Japan and Colombia have =20=

said they want them to stay in the preamble, they said.

Proposed modifications included a dozen possible changes to the basic =20=

definitions alone. Other suggestions were limits on the scope of the =20
treaty, removal of references to computer networks, exclusive rights, =20=

and an apparent carve-out offered by the United States for sports =20
broadcasters.

Meeting Closed to Stakeholders

Intergovernmental and non-governmental groups were removed from the =20
room after the second day. Chairman Liedes, who missed the second day =20=

to attend to business back home in Finland, told Intellectual =20
Property Watch the meeting was moved to informal status to add =20
=93flexibility=94 for negotiators.

That action filled the expansive WIPO lobby with lobbyists from a =20
wide range of countries and disciplines, such as broadcasting, film, =20
music, telecommunications, professional sports, online media, high =20
technology, and many public interest groups. Representatives were on =20
hand from some of the world=92s biggest companies.

Ten nongovernmental groups from a variety of global regions issued a =20
joint statement on 20 June calling on delegates to stop the =20
negotiation and reject the treaty proposal. =93After more than 9 years =20=

of discussions, efforts to find a treaty formulation that deals with =20
piracy of broadcast signals, but which does not harm copyright owners =20=

and the legitimate users of broadcasts have failed,=94 they said.

William New may be reached at wnew@ip-watch.ch.


----------------------------------------------
James Packard Love
Knowledge Ecology International
mailto:james.love@keionline.org
tel. +1.202.332.2670 / U.S. mobile+1.202.361.3040, Geneva mobile =20
+41.76.413.6584

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