A free and open Internet is a prerequisite for innovation policy that promotes the positive health and growth of the Internet. Other innovation policy issues on which IP Justice engages include Permissionless Innovation, Open Technology Standards, Artificial Intelligence, Reverse Engineering, Software Patents, and Limitations on Liability of Internet Service Providers and Other Intermediaries including Section 230 of the Communications Decency Act as well as contributory copyright infringement.
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."...
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. ...
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..."
Coalition of Technology Companies and Digital Rights Groups Comment on ACTA to USTR
Joint Statement on ACTA from American Association of Law Libraries, American Library Association, Association of Research Libraries, Center for Democracy & Technology Computer & Communications Industry Association, Consumer Electronics Association Digital Future Coalition, Entertainment Consumers Association, Home Recording Rights Coalition, Information Technology Association of America, Intel Corporation, Internet Commerce Coalition, IP Justice, Knowledge Ecology International, Medical Library Association NetCoalition, Public Knowledge, Special Libraries Association, US Internet Industry Association, Verizon, Yahoo! Inc.
Google Comments to USTR on Anti-Counterfeiting Trade Agreement (ACTA)
Comments Submitted by Google Inc. Regarding the Anti-Counterfeiting Trade Agreement in Response to USTR Public Notice of September 5, 2008 (73 FR 51860) September 17, 2008 Google Inc. appreciates the opportunity to comment on the pending negotiations for the proposed Anti-Counterfeiting Trade Agreement (ACTA). We have three areas of concern: [...]
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.
LEAKED: “Business Perspectives on Border Measures and Civil Enforcement”
Leaked Industry-Lobbyist Memo to ACTA Negotiators From "Concerned Business Groups in ACTA Nations" at 2nd Round of Secret Trade Negotiations in Washington, DC from 29-31 July 2008
Letter to USTR on ACTA from Computer and Communications Industry Association (CCIA), Library Copyright Alliance, NetCoalition
Tech Industry Statement on 29-31 July 2008 ACTA Negotiations in DC: "We strongly oppose any requirement in ACTA that signatories enact statutory damages... Copyright statutory damages are one feature of our IP law that we should not seek to export.... Finally we wish to express our disappointment that we learned of the agenda for next week's negotiations from the DFAT [Australian Govt] website rather than our own government...."
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 [...]