[Upd-discuss] FYI WIPO Online forum questions on Public Domain
Richard Stallman
rms@gnu.org
Fri, 03 Jun 2005 18:31:33 -0400
If people want to participate in this forum so as to argue against the
WIPO ideology, it is important to recognize how the formulation of the
questions themselves presume and reinforce that ideology:
The WSIS Declaration of Principles sets out a vision for the
information society ? how can the intellectual property system support
this vision?
This assumes that it makes sense to speak of "the intellectual
property system" as if it were a single entity. It also presumes
that this supposed entity plays a positive social role.
The intellectual property system and freedom of expression and
creativity: Help or hindrance?
This encourages confusion between copyright law and other laws
by lumping them all together as an "intellectual property system".
The public domain and open access models of information creation: at
odds with the intellectual property system or enabled by it?
Likewise.
What are the rights and responsibilities of intellectual property
rightsholders?
This encourages people to try to think about copyright law, patent law
and trademark law as if they were the same issue.
Global partnerships to achieve the United Nations Millennium
Development Goals: what role for intellectual property?
How is intellectual property policy made for the information society:
and who makes it?
Likewise for these two.
Emerging business models for distributing intellectual property
online: opportunity or threat?
Referring to works of authorship as "intellectual property"
not only causes confusion between copyright and patent law,
it also devalues the works themselves. To speak of a novel,
or a song, or a program as if its sole significance were as property
is to deny the existence of cultural importance.
What are the challenges for enforcement of intellectual property
rights in the digital environment?
This confuses copyright law with other laws. In addition, note the
bias expressed by asking how technology creates challenges for
imposing their preferred social system. Why not ask, "What challenges
doesf copyright law create for the use of computers and networks?"
Then note this part:
The conclusions of the online forum will form part of WIPO's
contribution to the WSIS.
I wonder how they will decide what the conclusions the forum has
reached? It might be useful to put them on the spot and ask.