IP Justice Publications
IP Justice Submission to the IGF: Realizing the Internet’s Promise for Universal Access to Knowledge and Development
- Internet’s open and free nature are key to accessing knowledge and development - Internet Governance Policies and Intellectual Property Rights - IP Justice Recommendations for an Internet Governance Forum Discussion to Promote the Internet as a Tool for Access to Knowledge and Development: 1. Preserve Openness of Internet and Free Flow of Information: - Build Freedom of Expression Values into Laws & Architectures - Critical Online Speech Censored by Copyright and Trademark -“Digital Locks†Control Flow of Information and Threaten Interoperability - Preserve Interoperability with Open and Free Technical Standards - Governments Adopt Open Document Formats - Encourage Free and Open Source Software (FOSS) Development 2. Grow the Online Information Commons: - Recognize Internet as Valuable Tool for Access to Knowledge - Protect and Value Public Domain - Database Rights Restrict Free Flow of Information on Internet - Provide Online Access to Publicly Funded Research - Recognize Social Value of Peer-to-Peer (P2P) Software 3. Build Respect for Civil Liberties into IPR Laws and Procedures Addressing Online Behavior - ICANN’s Whois Policy Must Conform with Privacy Laws - US DMCA “Notice and Take-Down†Provisions Should Comply with Due Process Conclusion: IGF Should Address Relationship Between Intellectual Property Rights, Free Expression, and Access to Knowledge
IP Justice Supports Tax-Payer Access to Online Research
Consumer Groups Support Public Access Act Consumers Union, CPT, IPJ and others support bill requiring key federal funders to post research on the Iinternet WASHINGTON, DC – Eight consumer groups have announced their support for the Federal Research Public Access Act of 2006 (S.2695). The Act was introduced on May 2, 2006 by Senators John Cornyn (R-TX) and Joseph Lieberman (D-CT) and requires federal agencies that fund over $100 million in annual external research to make electronic manuscripts of peer-reviewed journal articles that stem from that research publicly available via the Internet. Consumer groups add their voices to those of universities, libraries, researchers, publishers, and patients – together representing thousands of individuals and institutions – that support the bill. “It’s gratifying to have the support of organizations that represent consumer interests and rights, especially in the realm of information and technology,†said Heather Joseph, Executive Director of SPARC (the Scholarly Publishing and Academic Resource Coalition, an ATA founding member). “We all share a belief in the advancement of science for the public interest.†The Consumers Union, the non-profit publisher of Consumer Reports, and Consumer Project on Technology (CPTech), are joined by the Electronic Frontier Foundation, Essential Action, IP Justice, Public Knowledge, U.S. Public Interest Research Group, and Union for the Public Domain in pledging their support and applauding the Federal [...]
Tragedy of the Commons: IPR in the Info Age
"Tragedy of the Commons": Intellectual Property Rights in the Information Age The Threat to Civil Liberties and Innovation Posed by Expanding Copyrights By Robin D. Gross, Esq. IP Justice Executive Director www.ipjustice.org Published by MIT Press, 2006 0. Introduction As we enter an information age, the rules governing the use and dissemination of information become increasingly important. Clashes between fundamental freedom of expression guarantees and intellectual property rights are upsetting the traditional balance struck between creators and the public. The ease of copying and re-distribution of digital information concerns industries dependent on traditional publishing business models. These companies have successfully petitioned for changes in the copyright laws at the national and international levels. But these recent increases in copyright holders' rights have come at the expense of the public's rights to use media and communicate freely. This chapter discusses the threat to traditional civil liberties posed by expanding copyrights and recommends some principles for creating communication rights in a digital world. Read the entire article: .doc available here .pdf available here
IP JUSTICE STATEMENT at the 2nd Session of the Provisional Committee for a Development Agenda at WIPO
IP Justice Statement at the 2nd Session of the Provisional Committee for a Development Agenda at WIPO 26 - 30 June 2006 - Geneva, Switzerland By IP Justice Executive Director Robin D. Gross Thank you, Mr. Chairman, for the opportunity to address this Provisional Committee for a Development Agenda (PCDA) at WIPO. I represent IP Justice, an international public interest NGO that promotes balanced intellectual property laws. IP Justice would like to register its support for the June 23rd proposal submitted by the Friends of Development on the "Decision of the PCDA on the Establishment of a WIPO Development Agenda" (PCDA/2/2). This document has carefully synthesized various proposals into 21 concrete recommendations to the General Assembly that will significantly advance the public interest at WIPO and re-align WIPO with it's United Nations mandate. Particularly, IP Justice supports the recommendation to reaffirm WIPO's commitment to the principles and goals of the United Nations system: economic and social development. As a member of the United Nations family, humanitarian objectives should be WIPO's stated priority. The PCDA should adopt the Declaration proposed in point 2 of the Friends of Development proposal that permits consideration of various models to incentivise innovation. The proposed Declaration also recognizes that the pursuit of upward harmonization of intellectual property rights, without consideration of the social and economic costs, [...]
IP Justice statement at the open consultations of the UN Internet Governance Forum
1. Freedom of Expression 2. Privacy Rights 3. Balanced Intellectual Property Rights 4. Development Agenda for Internet Governance 5. Access to Knowledge
IP Justice: “WIPO Pushes Forward with Broadcasting Treaty – Webcasting Deferred”
By IP Justice Executive Director Robin D. Gross 8 May 2006 An agreement was reached on 5 May 2006 at the conclusion of a United Nations treaty negotiation in Geneva to exclude the issue of webcasting from a controversial treaty proposal to create new rights for broadcasting companies. The UN Specialized Agency in the business of enacting global treaties on intellectual property rights, the World Intellectual Property Organization (WIPO), held its 14th Session of Standing Committee on Copyrights and Related Rights (SCCR) from 1-5 May 2006 to debate the proposed Broadcasting Treaty. Country delegates expressed concern over the draft text of the proposed treaty because it would create a number of new and excessive intellectual property rights for broadcasting companies which would sit on top of the creator's copyrights in the programming. Most delegates advocated for taking the traditional approach of outlawing "theft of service" regarding broadcast signals, but the SCCR Chairman Jukka Liedes was adamant about taking the unprecedented move of creating new intellectual property rights for broadcasting companies. Member States Concern Over "Anti-Circumvention" Rights Ignored Also over the objections of the majority of Member States, Liedes has thus far insisted on retaining the wildly unpopular anti-circumvention provisions in the treaty. The anti-circumvention rights would allow broadcasting companies to lock-up public domain programming and make it illegal for anyone [...]