A Growing Number of Individual Legal Rights Issues Intersect with the Internet, including Freedom of Expression, Access to Knowledge (A2K), Copyrights, Trademarks, Patents, Privacy, Anonymity, Surveillance, Cyber-Security, Anti-Circumvention Measures, File-Sharing, Contributory Liability, Fair Use, Fair Dealing, Intermediary Protections, Notice and Take-Down, Public Domain, Trade Secrets, Due Process, Hyperlinking, Database Rights, Enforcement of Intellectual Property, Internet Censorship
Ralph Yarro and His Anti-Porn Crusaders March on ICANN & Demand Global Censorship
ICANN is accepting comments from the public on the proposed censorship constituency until 5 April 2009. SCO Group Chairman Ralph Yarro III, the ultra-conservative behind what Business Week dubbed "the most hated company in tech" (SCO) for stealing the computer code of thousands of Linux open source programmers is now behind efforts to flood ICANN with identical form letters encouraging the adoption of Yarro's "Cybersafety" Constituency during the Public Comment Period. The proposed "Cybersafety" Constituency claims to be concerned with "safety", but in reality is just a couple of anti-porn extremists in Yarro's flock who see ICANN as an opportunity for control of the flow of information on the Internet. The proposed constituency is run by CP80, Yarro's anti-porn outfit that argues for using ICANN as a 'choke point' to impose global censorship on the Internet. Naturally, Yarro and his anti-porn zealots at CP80 propose that they know what is best for you and to what information you should be permitted access. Send ICANN a comment today.
Associated Press Erroneously Claims Copyright Infringement on Obama’s Image in Campaign Poster
Poster-Child Case for Fair Use or Illegal Art? The Associated Press is claiming that it is the copyright owner of a photograph of President Obama that was used by an Obama supporter to create to poster for the political campaign and the now-famous poster is a copyright infringement of its photo. However this case could be considered the "poster-child" case for fair use. It is unfortunate that the AP is trying to turn political expression into illegal art. But these facts would be a good opportunity to set some positive legal precedent protecting fair use of political expression should the AP pursue this matter in the courts. ..."
AP Alleges Copyright Infringement of Obama Image (Associated Press)
"Robin Gross, an intellectual property attorney who heads IP Justice, an international civil liberties organization, believes that Fairey had the right to use the photo, saying that he intended it for a political cause, not commercial use. "Fairey's purpose of the use for the photo was political or civic, and this will certainly count in favor of the poster being a fair use," said Gross, based in San Francisco. "Nor will the poster diminish the value of the photo, if anything, it has increased the original photo's value beyond measure, another factor counting heavily in favor of fair use."...
Canada’s Official Statement on Dec. 2008 ACTA Negotiations
The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations. Participants reaffirmed their commitments to negotiate an agreement to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, by increasing international cooperation, strengthening the framework of practices that contribute to effective enforcement, and strengthening relevant IPR enforcement measures themselves. This meeting was the fourth in a series of negotiations to discuss proposals concerning different aspects of the proposed agreement. The discussion focused on international cooperation, enforcement practices and institutional issues. Participants also continued previous discussions on criminal enforcement of IPR. They also shared information on approaches to fighting IPR infringements on the Internet. Participants made steady progress in these discussions. Participants shared the results of consultations that had been held with their respective stakeholders and noted the interests expressed by stakeholders in receiving more information. Participants agreed on the importance of transparency and on holding further discussions on sharing additional information with the public.
USTR Statement on Dec. 2008 ACTA Negotiations in Paris
The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations. Participants reaffirmed their commitments to negotiate an agreement to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, ...
Open Letter to World Customs Organization Concerning Increased Enforcement of Intellectual Property Rights
We the undersigned public interest groups and individuals are writing to raise our concerns about recent developments in the World Customs Organisation, in particular the setting of intellectual property enforcement standards that go beyond the TRIPS agreement (TRIPS plus) in the SECURE Working Group, the lack of dialogue with, and involvement of public interest organisations in the standard setting process and the lack of transparency surrounding the Working Group’s work. The Expansive IP enforcement standards being pushed hurriedly in the SECURE Working Group are of deep concern. It is well known that the recent push for strong TRIPS plus enforcement standards comes from developed countries and their commercial entities, and they are seeking international organizations to set such standards on their behalf. Noting the recent developments at the WCO, it appears that WCO is targeted as one such organisation. ...
Freedom Not Fear Day 2008 International Campaign
Please Join IP Justice, EPIC, and EFF in signing the Freedom Not Fear Declaration. In recognition of Freedom not Fear Day, many US organizations set out the following recommendations: - End Watch Lists, Fusion Centers and other data profiling programs that fail to comply with the full requirements of the federal Privacy Act; - Affirm international human rights, including freedom of expression and privacy protection, so as to strengthen democratic institutions and protect the rights of individuals; - Repeal the Patriot Act and other legal authorities that permit warrantless surveillance and unconstitutional monitoring and tracking of individuals; - End the culture of secrecy that allows government officials to hide mismanagement, fraud, and incompetence behind the veil of "homeland security"; - Establish comprehensive data protection legislation that will safeguard personal information and reduce the risk of identity theft and security breaches. Please join us.
Cautionary Letter on Anti-Counterfeiting Trade Agreement (ACTA) from US Senators Leahy and Specter to US Trade Representative (USTR)
"... we urge you not to rush into a new, broad Anti-Counterfeiting Trade Agreement that may have significant impact on intellectual property protection at home and abroad..."
Secret Counterfeiting Treaty Public Must be Made Public, Global Organizations Say
More than 100 public interest organizations from around the world today called on officials from the countries negotiating Anti-Counterfeiting Trade Agreement (ACTA) to publish immediately the draft text of the agreement. Secrecy around the treaty negotiation has fueled concerns that its terms will undermine vital consumer interests. Organizations signing the letter include: IP Justice, Consumers Union, Essential Action, Knowledge Ecology International, Doctors without Borders’ Campaign for Essential Medicines, Australian Digital Alliance, The Canadian Library Association, Consumers Union of Japan, U.S. Public Interest Research Group ...
Proposed Copyright Law a ‘Gift’ to Hollywood, Info Groups Say (Wired)
"If the Senate version becomes law, it is not immediately clear how the Justice Department's expanded powers would work in practice. For example, would the department assume the role of the Recording Industry Association of America, which has sued more than 30,000 people in the United States for copyright infringement since 2003?..."
Public Interest NGO’s Express Concerns with Proposed Senate Bill on Intellectual Property Enforcement
Twelve Public Interest Organizations Send US Senate Judiciary Joint Letter on Concerns Regarding S.3325, the "Enforcement of Intellectual Property Rights Act of 2008": "The undersigned groups write to express our concerns with S. 3325, the Enforcement of Intellectual Property Rights Act of 2008, soon to be marked up in the Committee on the Judiciary. While enforcing IP rights is necessary to ensuring the progress of science and the useful arts, an unbalanced approach to enforcement would lead to unintended harms and impede that progress. Several of the provisions contained within S. 3325 threaten such an imbalance...."
Statement on Anti-Counterfeiting Trade Agreement (ACTA) to USTR from US Tech Trade Associations and Companies
Letter from AT&T, Amazon.com, Computer and Communications Industry Association (CCIA), Consumer Electronics Association, eBay, Information Technology Association of America, Internet Commerce Coalition, NetCoalition, US Internet Service Provider Association, US Telecom Ass., Verizon Communications, Yahoo! Inc.
G8 Declaration on the World Economy
Read Text of GB Declaration on a World Economy and G8's Pledge to Increase Intellectual Property Rights and International Enforcement and to Deputize Customs Agents to Search and Seize Laptops, iPods, and PDA's of Unsuspected Citizens in Anti-Counterfeiting Trade Agreement (ACTA)
Vol. 1 Anti-Counterfeiting Trade Agreement (ACTA) Public Comments (USTR)
July 8, 2008 All Volume 1 ACTA Comments as a single (PDF): First of all we would like to commend the US government for initiating a dialogue aimed at trying to enhance the global fight against piracy. This is a fight that is critical to maintaining US competitiveness, and one [...]