On November 25, 2008, I was invited to give a talk in Vienna, at the meeting of the Chamber of Commerce (the WKO). The event was organized by Eva Lichtenberger, a Green Party MEP. Eva also spoke, and gave a great talk, in German. Her slides were in English, and I’ll add them when I can. The outline of my talk is given below.
Eva Lichtenberger, MEP, Green Party, Austria, November 25, 2008
My Eleven Slides
1. Freedom, Security and the Internet,in Europe
James Love
Knowledge Ecology International
WKO
Vienna, Austria
25 November 2008
2. About Knowledge Ecology International
KEI is an organization that searches for better outcomes, including new solutions, to the management of knowledge resources. There are probably 5 billion people who live in the margins of the global economy, and an entire planet that depends upon knowledge for economic and personal development, education and health, political power and freedom, culture and fun. We are just now learning about the opportunities to manage knowledge resources in ways that are more efficient, more fair, and responsive to human needs.
KEI undertakes and publishes research and new ideas, engages in global public interest advocacy, provides technical advice to governments, NGOs and firms, enhances transparency of policy making, monitors actions of key actors, and provides forums for interested persons to discuss and debate KE topics.
3. Fora for policy making
4. Some EU initiatives
Online Freedom Act
Enforcement Directive
Review of database directive
Term extension
Green Paper on limitations and exceptions
5. Internet Governance Forum (IGF)?
Procurement Agreement to promote interoperability and open standards
6. TACD Resolution on Software Interoperability and Open Standards
Recommendation 6
Government procurement of software should include requirements that word processing and presentation graphics programs can read and write to open standards compliant document formats that are not effectively controlled by one company, and which realistically facilitate competition in the market for such programs, and which can be implemented effectively on at least the three leading operating system platforms. Government procurement of computer printers should include requirements that manufactures provide the drivers and interface information necessary to make such printers work with at least the three leading operating system platforms. By 2010, the US and the EU should make efforts to ensure government procurement of audiovisual software and services that use open standards compliant formats that work on at least the three leading operating system platforms. Government procurement of software should include requirements that saving data into an Open Standard should be the default setting of the program. Every two years, the US and EC should solicit public comment on additional areas where government procurement policy can be used to promote interoperability and open standards.
7. Debate over injunctions
Berne Convention says nothing on enforcement
WTO TRIPS provisions on enforcement in Part 3 of Trips
Article 44 of TRIPS on injunctions, allows governments to require remuneration instead of enforcement in exclusive rights
Relevance to orphan works, and a variety of compulsory licensing schemes
US now uses flexibility in granting injunctions under eBay doctrine
8. Non-transparent trade negotiations
EPAs
Injunctions
ACTA
Injunctions
????
9. WIPO
SCCR
Copyright limitations and exceptions
Collection of information
Analysis
Norm-setting
Treaty for Blind, Visually Impaired and Other Disabled Persons
SCP
Patents and standards
Treaty on Access to Knowledge
10. WTO
Agreed upon statement on three step test?
WTO Agreement on the Supply of Global Public Goods
11. Paris Accord
Agreement between creative and inventive communities and consumers
Music, films, scholarly research, software, development of new medicines
First meeting in Paris in 2006
Next meeting in October 2009, in Paris
Objective is an agreement