Incoming: Spare Slots for Freelance Work in 2023

I will soon have spare slots in my freelance writing schedule for regular weekly or monthly work, and major projects. Here are the main areas that I've been covering, some for nearly three decades. Any commissioning editors interested in talking about them or related subjects, please contact me at glyn.moody@gmail.com. I am also available to speak on these topics at relevant conferences around in the world, something I have done many times in the past. 

Privacy, Surveillance, Encryption, Freedom of Speech 

Over the last decade, I have written hundreds of articles about these crucial areas, for Techdirt, Privacy News Online, and Ars Technica. Given the increasing challenges facing society in these areas, they will remain an important focus for my work in the future. 

Copyright

I have also written many hundreds of articles about copyright. These have been mainly for Techdirt, where I have published nearly 1,900 posts, CopyBuzz, and Walled Culture. Most recently, I have written a 300-page book, also called Walled Culture, detailing the history of digital copyright, its huge problems, and possible solutions. Free ebook versions of its text are available. 

EU Tech Policy and EU Trade Agreements: DSA, DMA, TTIP, CETA 

I have written about EU tech policy for CopyBuzz, focussing on the EU Copyright Directive, and for Privacy News Online, dealing with major initiatives such as the Digital Services Act, the Digital Markets Act, and the Artificial Intelligence Act. Another major focus of my writing has been so-called "trade agreements" like TTIP, CETA, TPP and TISA. "So-called", because they go far beyond traditional discussions of tariffs, and have major implications for many areas normally subject to democratic decision making, notably tech policy. In addition to 51 TTIP Updates that I originally wrote for Computerworld UK. I have covered this area extensively for Techdirt and Ars Technica, including a major feature on TTIP for the latter. 

Free Software/Open Source

I started covering this topic in 1995, wrote the first mainstream article on Linux for Wired in 1997, and the first (and still only) detailed history of the subject, Rebel Code: Linux and the Open Source Revolution in 2001, for which I interviewed the world’s top 50 hackers at length. 

Open Access, Open Data, Open Science, Open Government, Open Everything 

As the ideas underlying openness, sharing and online collaboration have spread, so has my coverage of them, particularly for Techdirt. I wrote one of the most detailed histories of Open Access, for Ars Technica, and its history and problems also form Chapter 3 of my book Walled Culture, mentioned above. 

Europe 

As a glance at some of my 580,000 (sic) posts to Twitter, and 18,000 posts on Mastodon, will indicate, I read news sources in a number of languages (Italian, German, French, Russian, Spanish, Portuguese, and Georgian in descending order of capability.) This means I can offer a fully European perspective on any of the topics above - something that may be of interest to publications wishing to provide global coverage that goes beyond purely anglophone reporting. The 25,000 or so followers that I have across these social networks also means that I can push out links to my articles, something that I do as a matter of course to boost their readership and encourage engagement. 

Glyn Moody 

London 2023

This Could Be The Most Important Email You Will Ever Send To Your MEP

As most people reading this will know by now, the deeply-flawed EU Copyright Directive faces one final vote in the European Parliament soon.  If it passes there, it will become law.  That means we have one final chance to stop it, by writing to our MEPs now.

Those with good memories will remember that we stopped the equally pernicious Anti-Counterfeiting Trade Agreement (ACTA) at the last minute, against all the odds, by writing huge numbers of emails to MEPs, and taking to the streets.  People are already taking to the streets in Germany and elsewhere, and the emails have started flowing, much to the surprise of MEPs.  We need to increase their number greatly to convince MEPs to vote against the worst aspects of the proposed law.

I and others have written so much about the Copyright Directive and its three terrible ideas, that I will only present summaries here, along with links to more detailed information.

First there is Article 3, which covers text and data mining (TDM).  This is an exciting technique for discovering new information by analysing large quantities of text or data.  It is vitally important for the AI technique of machine learning.   And yet Article 3 stupidly limits permission to carry out TDM freely to research institutions.  This means EU startups will be unable to depend upon it as they grow, whereas those in the US and China can.  This guarantees that the EU will become an AI backwater.  More details here:

Why The Copyright Directive Lacks (Artificial) Intelligence

The Right To Read Is The Right To Mine

Article 11 is the "link tax" or "Google tax".  Neither is a very good name.  Really, it is about making every company pay to use even the tiniest snippets from news articles – perhaps even for using more than one word.  What's particularly ridiculous about this idea, is that it has been tried twice – in Germany and Spain – where it failed both times.  It will undermine the key innovation of the Web – hyperlinking information – with no benefit for the newspapers that are pushing for it.  More details here:

Article 11: Driven By Rhetoric, Not By Arithmetic

Finally, and most dangerously, there is Article 13.  Even though those drafting the proposal have cynically avoided the term, it makes the use of automated filters inevitable for most sites holding material uploaded by the public.  Those filters are unable to capture the complexities of EU copyright law, and will therefore over-block to be on the safe side.  In particular, it is impossible for such filters to tell the difference between unauthorised copies of material, and memes that use the same material.  So even if memes are not banned in the text, the end-effect will be for many of them to be blocked.  More details about all these aspects in the following pages:

You Wouldn’t Steal A Meme: The Threat From Article 13

MEPs’ Email Says Article 13 “Will Not Filter The Internet”; Juri MEP’s Tweet Says It Will

Article 13: Putting Flawed Upload Filters At The Heart Of The Internet

Article 13: Making Copyright Unfit For The Digital Age

Article 13: Even Worse Than The Us DMCA Takedown System

Time To Tell The Truth About Article 13

Why Article 13 Is Not Just Dangerous Law-Making, But Deeply Dishonest Too

Fix The Gaping Hole At The Heart Of Article 13: Users’ Rights

Article 13 Is Not Just Criminally Irresponsible, It’s Irresponsibly Criminal

As well as the serious harm the proposed Copyright Directive will cause to the Internet as we know it – born of ignorance or indifference on the part of those drafting it – what is extraordinary about the whole saga is the contempt shown for EU citizens and their views.  Recently, the European Commission published an article that called those opposing the Copyright Directive part of a "mob".  The European Parliament put out a tweet that was full of half-truths and intentionally misleading statements.

The continuing and concerted attempt to belittle EU citizens who dare to argue against the EU's proposed Copyright Directive mean that this is no longer just about copyright or the Internet.  It is about democracy in the EU.  The European Commission and European Parliament are trying to shut down dissent on this topic, just as they did for ACTA.  It is therefore vitally important for EU citizens to write to their MEPs to express their concerns about the Copyright Directive, and also about the way their right to participate in the law-making process has been seriously harmed.  You can use this page to search for MEPs in any EU Member State; in the UK you can use WriteToThem.

I normally provide a sample email text, but on this occasion, I won't.  That's because one lie that is being put about by supporters of the Copyright Directive is that emails to MEPs are being sent by "bots", paid for by Google and others, and not by real people.  For this reason, it is vital that you use your own words when you write to your MEP.  Your email does not need to be long or detailed, but it must be genuine (and polite) if it is to be convincing.  Helping us is the fact that elections for the European Parliament are imminent, so MEPs should be keen to be seen to listen their constituents – something you may wish to mention.

Despite constant claims that the EU Copyright Directive won't affect the Internet, this is simply not true.  It is, without doubt, the most serious threat we have faced since ACTA.  It is vital that, like ACTA, we stop it.  We did it then, we can do it now.  Please write to your MEPs today - it could be the most important email you will ever send them.

Countering the Latest Misinformation about the EU Copyright Directive

Tomorrow the European Parliament will vote on whether to send its version of the Copyright Directive text to "trilogues" for final negotiations. As I've written here before, this would be disastrous for the Internet in the EU. However, efforts to prevent that happening are having an impact. The MEPs on the JURI committee that drew up the current flawed text have just sent a short document to all MEPs to try to convince them to vote to move on to the trilogues (you can read it on Techdirt). It is full of misinformation, which I would like to debunk here so that people can explain to their MEPs – either in an email, or by phone – why the claims made in the JURI note are false.

I'll concentrate here on what it says about Article 13, which will bring in upload filters, since the threat it represents to the Internet is greater, and the misinformation in the JURI paper most egregious. For example, it says:

It aims to make platforms accountable, but not all platforms. Article 13 needs to be seen in conjunction with article 2 of the draft directive.

And explains:

Only those that are active, so that optimize the content posted online.

However, it fails to point out that "optimisation" includes trivial processes like changing the order of material. In other words, any site that does anything other than offer a storage medium is "active", and will thus be obliged to impose upload filters. Moreover, it truly is any site, of any size. Whereas before, supporters of Article 13 insisted it would only apply to the largest sites, JURI now says the following:

Any platform is covered by Article 13 if one of their main purposes is to give access to copyright protected content to the public.

It cannot make any difference if it is a “small thief” or a “big thief” as it should be illegal in the first place.

Small platforms, even a one-person business, can cause as much damage to right holders as big companies, if their content is spread (first on this platform and possibly within seconds throughout the whole internet) without their consent.

In view of such a small business potentially causing such a tremendous damage to right holders, the compromise text does not foresee any exemption for SMESs.

This is a huge and remarkable change, because it means even the smallest business or startup will have to licence or filter uploads. The JURI document tries to claim this isn't a problem because:

However, the text provides safeguards that will benefit SMEs. Measures must be appropriate and proportionate.

But that vague definition still places a huge burden on smaller companies, and pretty much guarantees that startups will avoid the EU, and set up shop elsewhere.  Finally, two pieces of misinformation are repeated yet again. One concerns filters:

no general filtering measures are included in Article 13. The text even emphasizes that this practice is prohibited

The text can prohibit the practice as much as it likes, but general filtering is precisely what Article 13 requires – there is no other way of doing it. Which means that companies will either break the law by not implementing general filtering, or break it by doing so. Finally, there is the old nonsense that Article13

does not threaten freedom of expression or fundamental rights.

The meme, mash-up, the gifs are already allowed and included in an existing exception and will still be after the adoption of this directive (article 5, directive 2001/29/EC

3. Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: (k) use for the purpose of caricature, parody or pastiche

As I've pointed out before, this exception is optional, and currently not available in 19 EU Member States. Implying that memes are safe is duplicitous in the extreme, and shows how desperate supporters of the Copyright Directive are.

Please contact your MEPs to explain how things really stand, and perhaps point out that the fact the JURI briefing is reduced to spreading serious misinformation is an indication there are no real arguments in favour of this bad law.

Please Write a *Short* Email to Your MEPs Today about EU Copyright Directive

A couple of weeks ago, I urged people to write to their MEPs about an important vote in the Legal Affairs committee of the European Parliament (JURI).  Sadly, but not unexpectedly, we lost that vote.

However, this is not the end of the story.  On Thursday, there is a vote by the whole of the European Parliament on whether the copyright directive should be amended, or whether it can enter "trilogue" negotiations, which occur when the text is more or less agreed.  It is therefore vital that MEPs vote to give themselves the chance to reconsider key sections of this deeply-flawed text, rather than allowing it to pass on to the trilogues.  Here is a fuller explanation of what is going on.

My previous post explained the background to the copyright directive, and my email to MEPs then was quite long.  This time, a simple message to MEPs is all that is needed.  Please contact them, using either WriteToThem (in the UK), or SaveYourInternet.eu in the EU.

If you use the latter, please change the example text and put things in your own words.  Supporters of the copyright directive are claiming that these letters are a "spam" campaign by big companies, and not real emails from constituents.  We need to counter that with a flood of genuine communications.  For this week's vote, short and simple is best.

Incoming: Spare Slots for Freelance Work in 2018

I will soon have spare slots in my freelance writing schedule for regular weekly or monthly work, and major projects. Here are the main areas that I've been covering, some for more than two decades. Any commissioning editors interested in talking about them or related subjects, please contact me at glyn.moody@gmail.com (PGP available).  I am also available to speak on these topics at relevant conferences.

Surveillance, Encryption, Privacy, Freedom of Speech

For the last two years, I have written hundreds of articles about these crucial areas, for Ars Technica UK (http://arstechnica.co.uk/author/glyn_moody/), Privacy News Online (https://www.privateinternetaccess.com/blog/author/glynmoody/) and Techdirt (https://www.techdirt.com/user/glynmoody). Given the challenges facing society this year, they are likely to be an important focus for my work in 2018.

China

Another major focus for me this year will be China. I follow the world of Chinese IT closely, and have written numerous articles on the topic. Since I can read sources in the original, I am able to spot trends early and to report faithfully on what are arguably some of the most important developments happening in the digital world today.

Free Software/Open Source

I started covering this topic in 1995, wrote the first mainstream article on Linux for Wired in 1997 (https://www.wired.com/1997/08/linux-5/), and the first (and still only) detailed history of the subject, Rebel Code (https://en.wikipedia.org/wiki/Rebel_Code) in 2001, where I interviewed the top 50 hackers at length. I have also written about the open source coders and companies that have risen to prominence in the last decade and a half, principally in my Open Enterprise column for Computerworld UK, which ran from 2008 to 2015.

Open Access, Open Data, Open Science, Open Government, Open Everything

As the ideas underlying openness, sharing and online collaboration have spread, so has my coverage of them. I wrote one of the most detailed histories of Open Access, for Ars Technica (http://arstechnica.com/science/2016/06/what-is-open-access-free-sharing-of-all-human-knowledge/).

Copyright, Patents, Trade Secrets

The greatest threat to openness is its converse: intellectual monopolies, which prevent sharing. This fact has led me to write many articles about copyright, patents and trade secrets. These have been mainly for Techdirt, where I have published over 1,500 posts, and also include an in-depth feature on the future of copyright for Ars Technica (http://arstechnica.co.uk/tech-policy/2015/07/copyright-reform-for-the-digital-age/).

Trade Agreements - TTIP, CETA, TISA, TPP

Another major focus of my writing has been so-called "trade agreements" like TTIP, CETA, TPP and TISA. "So-called", because they go far beyond traditional discussions of tariffs, and have major implications for many areas normally subject to democratic decision making. In addition to 51 TTIP Updates that I originally wrote for Computerworld UK (http://opendotdotdot.blogspot.nl/2016/01/the-rise-and-fall-of-ttip-as-told-in-51.html), I have covered this area extensively for Techdirt and Ars Technica UK, including a major feature on TTIP (http://arstechnica.co.uk/tech-policy/2015/05/ttip-explained-the-secretive-us-eu-treaty-that-undermines-democracy/) for the latter.

Europe

As a glance at some of my 318,000 (sic) posts to Twitter, identi.ca and Google+ will indicate, I read news sources in a number of languages (Italian, German, French, Spanish, Russian, Portuguese, Dutch, Greek, Swedish in descending order of capability.) This means I can offer a fully European perspective on any of the topics above - something that may be of interest to publications wishing to provide global coverage that goes beyond purely anglophone reporting. The 30,000 or so followers that I have across these social networks also means that I can push out links to my articles, something that I do as a matter of course to boost their readership.

The Copyright Industry's So-Called "Value Gap" Is Actually an Innovation Gap

The is a crucial year for the Internet in Europe, because 2017 will see key decisions made about the shape of copyright law in the EU. That matters, because copyright is in many ways the antithesis of the Net, based as it is on enforcing a monopoly on digital content, whereas the Net derives its power from sharing as widely as possible. The stronger copyright becomes, the more the Internet is constrained and thus impoverished.

There are three key areas in the proposed revision to the EU's Copyright Directive where the Internet and its users are under threat from attempts to strengthen copyright. First, there is the panorama exception, which allows people to take pictures in the street without needing to worry about whether buildings or public objects are subject to copyright. Despite this being little more than common sense – imagine having to check the legal status of everything in view before taking a photo – copyright maximalists are fighting to stop a panorama exception being added to EU law.

The second point of contention concerns the link tax, also known as the snippets or Google tax. The last of these explains the motivation: publishers want Google to pay for linking to their articles using snippets of text. Despite the obvious folly of charging for the ability to send traffic to your site, the copyright world's sense of entitlement is such that two countries have already introduced a link tax, with uniformly disastrous results.

When Spain brought in a law that required search engines to pay publishers for the use of snippets, Google decided to close down its Google News service in the country, which led to online publishers losing 10% to 15% of their traffic.

Similarly, in Germany, which also introduced a link tax, publishers ending up giving Google a free licence to their material, so great was the law's negative impact on their business when Google stopped linking to their publications.

The snippet tax is so manifestly stupid that it is unlikely to appear in the final version of the revised Copyright Directive. But the third area of concern stands a much better chance because of the clever way that the publishing world is dressing it up as being about a so-called "value gap." It's a very vague concept – see this new video that explores what it is - but it boils down to publishers being resentful because digital newcomers came up with innovative business models based around legal access to online music, and they didn't.

An interesting speech on the topic by the International Federation of the Phonographic Industry's CEO in 2016 laments the fact that the "value" of the global music industry has recently declined 36% over 15 years. That's not really surprising: during this period the recording industry did everything in its power to throttle or stall new ways of providing access to music on the Internet.

What the so-called "value gap" is really about here is the long-standing innovation gap among recording companies, and their refusal to adapt to a changing world. Imagine if they had embraced the P2P music sharing service Napster in 2000 instead of suing it into the ground. Imagine if they had set up sharing and streaming servers themselves a decade and a half ago; imagine how much money they would have made from subscriptions and advertising, and how much their value would have grown, not fallen.

If this evident innovation gap only harmed the copyright companies themselves, it would not be a problem, so much as just deserts. But they are now lobbying to get the laws around the world changed in important ways purely in order to prop up their old business models in an attempt to compensate for this failure to embrace the Internet. In the EU, they are using the fallacious "value gap" concept to call for mandatory upload filters for all major sharing sites – effectively large-scale surveillance and censorship.

Given that one of the most important consequences of the Copyright Directive could be the curtailing of basic human rights in the EU, it is disappointing that a seminar run by the Alliance of Liberals and Democrats for Europe (ALDE) group in the European Parliament – supposedly made up of liberals in favour of such democratic freedoms – skews the debate so completely in favour of the copyright industry. Judging by the programme, there is not a single representative of the public speaking at the event – which is pointedly entitled "Copyright reform: Sharing of the value in the digital environment" - pretty much guaranteeing a biased and unhelpful discussion.

That failure by ALDE even to acknowledge that EU citizens have anything useful to contribute, or any right to speak here, does not bode well for the ultimate outcome of the Copyright Directive negotiations later this year. ALDE needs to start caring about and listening to the millions of citizens who voted for its MEPs. At the moment it seems to have uncritically swallowed the backward-looking copyright industry's framing of the problem as a non-existent "value gap", when the deeper problem is its continuing innovation gap. As a result, this year could see key aspects of the Internet's operation, to say nothing of privacy and freedom of speech, gravely damaged because of yet another expansion of copyright's reach and power.

Spare Slots for Regular Freelance Work Soon Available

I may soon have spare slots in my freelance writing schedule for regular work, or for larger, longer-term projects. Here are the main areas that I've been covering, some for more than two decades. Any commissioning editors interested in talking about them or related subjects, please contact me at glyn.moody@gmail.com (PGP available).

Digital Rights, Surveillance, Encryption, Privacy, Freedom of Speech

During the last two years, I have written hundreds of articles about these crucial areas, for Ars Technica UK and Techdirt. Given the challenges facing society this year, they are likely to be an important area for 2017.

China

Another major focus for me this year will be China. I follow the world of Chinese IT closely, and have written numerous articles on the topic for Techdirt and Ars Technica. Since I can read sources in the original, I am able to spot trends early and to report faithfully on what are arguably some of the most important developments happening in the digital world today.

Free Software/Open Source

I started covering this topic in 1995, wrote the first mainstream article on Linux, for Wired in 1997 and the first (and still only) detailed history of the subject, Rebel Code, in 2001, where I interviewed the top 50 hackers at length. I have also written about the open source coders and companies that have risen to prominence in the last decade and a half, principally in my Open Enterprise column for Computerworld UK, which ran from 2008 to 2015.

Open Access, Open Data, Open Science, Open Government, Open Everything

As the ideas underlying openness, sharing and online collaboration have spread, so has my coverage of them. I recently wrote one of  the most detailed histories of Open Access, for Ars Technica.

Copyright, Patents, Trademarks, Trade Secrets

The greatest threat to openness is its converse: intellectual monopolies. This fact has led me to write many articles about copyright, patents and trade secrets. These have been mainly for Techdirt, where I have published over 1,400 posts, and also include an in-depth feature on the future of copyright for Ars Technica.

Trade Agreements - TTIP, CETA, TISA, TPP

Another major focus of my writing has been so-called "trade agreements" like TTIP, CETA, TPP and TISA. "So-called", because they go far beyond traditional discussions of tariffs, and have major implications for many areas normally subject to democratic decision making. In addition to 51 TTIP Updates that I originally wrote for Computerworld UK, I have covered this area extensively for Techdirt and Ars Technica UK, including a major feature on TTIP for the latter.

Europe

As a glance at some of my 244,000 (sic) posts to Twitter, identi.ca, Diaspora, and Google+ will indicate, I read news sources in a number of languages (Italian, German, French, Spanish, Russian, Portuguese, Dutch, Greek, Swedish in descending order of capability.) This means I can offer a fully European perspective on any of the topics above - something that may be of interest to publications wishing to provide global coverage that goes beyond purely anglophone reporting. The 30,000 or so followers that I have across these social networks also means that I can push out links to my articles, something that I do as a matter of course to boost their impact and readership.

The Rise and Fall of TTIP, As Told in 51 Updates

This year will be make or break for the Transatlantic Trade and Investment Partnership (TTIP).  It is already years behind its original, hopelessly-optimistic schedule, and is now running into immovable political events in the form of the US Presidential elections, and the general elections in Germany.  If TTIP isn't wrapped up this year, it is probably dead until whenever the next attempt to push through such a global takeover of democracy begins, as it surely will.

From July 2013 until April 2015 I wrote a series of irregular TTIP Updates, which charted the latest developments of the negotiations.  They form the most detailed description of how TTIP emerged and developed during the first two years of the negotiations.  Although superseded by more recent events, they nonetheless offer a historical record of what happened during that time, and may help people understand the strange beast that is TTIP somewhat better.

These Updates were published on Computerworld UK, which has a Web page with consolidated links to the updates.  Unfortunately, re-designs and other changes at the site have led to link-rot setting in.  Although the Computerworld UK page remains the main site for these Updates, I thought it would be useful - and prudent - to offer a mirror here on Open....

Below I have linked to the mirrored Updates, which appear as separate posts on the present blog.  Since I can't extract the final versions of the columns from the Computerworld UK site, I've used my local files.  These may differ slightly from the final, published versions - if there's anything major, I'll try to edit them at some stage.  Similarly, there may be odd typos that I have missed; please feel free to point them out in the comments so that I can fix them.

I should also warn readers that there are many broken links, especially to other Computerworld UK columns, whose URLs have all changed.  If I have time, I will try to fix the more important ones of these, but given that I probably won't have time, please don't hold your breath...

Although I am unlikely to write any more updates, I am most certainly going to keep covering TTIP during this crucial year - indeed, I intend to up my coverage considerably to reflect the crucial stage of the negotiations we have now reached.  I've already written a couple of big features on the topic for Ars Technica UK, which serve as introductions to this whole area for those coming to it for the first time, and as summaries of what has happened for those who are already familiar with the main issues.

The first, entitled "TTIP explained: The secretive US-EU treaty that undermines democracy", is a 6000-word backgrounder to the whole area.  The more recent "How EU nations are being sued for billions by foreign companies in secret tribunals" concentrates on perhaps the most controversial - and dangerous - aspect of TTIP, the so-called "investor-state dispute settlement" (ISDS) mechanism that essentially places companies above national laws by giving them special tribunals in which they can sue governments for alleged "indirect expropriation" of future profits.

If you don't know about this aspect - or about TTIP in general - this is a good place to start.  Once you find out what is proposed for TTIP, I am sure that you will be outraged, and hope that you will join me in trying to do something about it.

TTIP Update l

A review of the few details that emerged from the first round of negotiations, including an attempt by the European Commission to convince us that TAFTA/TTIP is not another ACTA.

TTIP Update ll

An introduction to investor-state dispute resolution (ISDS), and why its presence in TAFTA/TTIP is a grave threat to European sovereignty, open source and the Internet.

TTIP Update III

A point-by-point rebuttal of a document in which the European Commission tries to prove that the presence of investor-state dispute settlement (ISDS) in TTIP is not a problem.

TTIP Update IV

An exploration of how the public is kept in the dark over TAFTA/TTIP, and the dangerous asymmetries it contains.

TTIP Update V

A discussion of a major Wikileaks document discussing intellectual monopolies in TAFTA/TTIP’s sister agreement, TPP, and what it means for TTIP.

TTIP Update VI

An analysis of a leaked document outlining the European Commission’s communication strategy for TAFTA/TTIP, and a look at how disastrous other trade agreements like NAFTA and KORUS have been.

TTIP Update VII

Yet another, increasingly desperate attempt to justify the unjustifiable inclusion of ISDS in TAFTA/TTIP, and why the arguments simply don’t stand up to scrutiny.

TTIP Update VIII

Lifting the lid on how a new transatlantic “TTIP Regulatory Council” would bring in massive deregulation, with a consequent lowering of food, health and environmental standards in Europe.

TTIP Update IX

How an astonishing attack on Corporate Europe Observatory reveals a floundering European Commission increasingly concerned that it is losing control of the TAFTA/TTIP debate.

TTIP Update X

Another (failed) attack, this time by Karel De Gucht, the EU's trade commissioner, who laughably tries to claim that there is no lack of transparency in the TAFTA negotiations, and that it’s worth accepting the threats posed by ISDS.

TTIP Update XI

So it looks like TAFTA/TTIP is, in fact, ACTA by the backdoor – despite what Mr De Gucht has said...

TTIP Update XII

Why the US Fast Track bill guarantees that TAFTA's ISDS chapter will be one-sided and unfair for EU companies.

TTIP Update XIII

Big news: EU pulls ISDS to allow unprecedented public consultation; UK report says ISDS in TTIP would bring little or no benefit.

TTIP Update XIV

What new CETA leaks tell us about EU's plans to re-vamp ISDS - and why they aren’t enough to protect European sovereignty or democracy.

TTIP Update XV

There are growing calls to keep data protection out of TAFTA/TTIP – and to reject the agreement if the privacy of European citizens is not adequately protected.

TTIP Update XVI

More details emerge on ISDS provisions, and a rather ironic call for transparency from the paranoically opaque USTR.

TTIP Update XVII

Bad news, lots of leaks, plus debunking another misleading European Commission document.

TTIP Update XVIII

New leaks, new Web sites, a hidden threat from the “most-favoured nation” approach, and an astonishing claim that Germany wants ISDS out of TTIP.

TTIP Update XIX

A newly-discovered CETA bug shows why the European Commission needs transparency; also, why regulatory data must be opendata

TTIP Update XX

All about transparency in TTIP - or, rather, the almost complete lack of it; includes details of three phantom EU consultations I never heard about, and few took part in.

TTIP Update XXI

Why that best-case “ €119 bn” GDP boost to EU economy equates to just an extra cup of coffee every week.

TTIP Update XXII

ISDS attacks on EU nations have begun – and that’s before TTIP would make it even more likely and costly.

TTIP Update XXIII

Why the European Commission’s consultation on ISDS is a sham, and fails to provide the promised "draft".

TTIP Update XXIV

Looking at important research that finds even more holes in the European Commission’s TTIP justifications.

TTIP Update XXV

A report on a desperate high-level attempt by the US and EU to counter German scepticism, plus the video & slides of my re:publica 14 talk about why TTIP's numbers just don’t add up.

 TTIP Update XXVI

An action-packed update that includes fracking, water cannons and cosmetics – but still very little transparency.

TTIP Update XXVII

In which the European Commission’s misleading use of figures from its economic study is criticised, as is the study itself.

TTIP Update XXVIII

A major leak of EU services offer; an introduction to the top-secret TISA; and how the US it trying to buy love for TAFTA/TTIP.

TTIP Update XXIX

More on the secretive TISA negotiations; insight into the US's anti-transparency plans; and how the public is too stupid to understand TTIP.

TTIP Update XXX

More on the huge dangers of ISDS - and lots of help for responding to the European Commission’s travesty of a consultation on the same topic.

TTIP Update XXXI

Designed to be the final information on responding to the European Commission’s ISDS consultation, but we now learn the deadline has been extended because of huge numbers replying.

TTIP Update XXXII

A couple of interesting leaks, and a round-up of how TTIP is starting to enter the mainstream.

TTIP Update XXXIII

In the wake of the incredible 150,000 responses to the ISDS consultation, the revolt against this idea spreads to the highest reaches of the EU.

TTIP Update XXXIV

ISDS drama from Germany again, and how mutual recognition will undermine EU food and animal protection standards.

TTIP Update XXXV

The shape of multi-billion-pound ISDS lawsuits to come; a leak of the complete CETA agreement; and the threats lurking in US "certification".

TTIP Update XXXVI

Lots of news about CETA and ISDS, plus another slap in the face of the EU public.

TTIP Update XXXVII

Lots about CETA, and exciting plans for a European Citizens’ Initiative to let people make their views on TTIP known
TTIP Update XXXVIII

Slaps in the face of the EU public: a refusal to allow the ECI, and a "celebration" of CETA. Plus bad signs from the grilling of the new EU trade commissioner.

TTIP Update XXXIX

Nearly 50% of the claimed trade boost consists of swapping cars across the Atlantic.

TTIP Update XL

Rumours swirl that ISDS will come out of TTIP; even if it does, it's still in CETA and the new EU-Singapore free trade agreements.

TTIP Update XLI

Yet more sound and fury on the topic of ISDS in TTIP, but things remain as clear as mud.

TTIP Update XLII

Devasting new independent economic analysis of TTIP's likely effects on EU shows net losses in terms of GDP and 600,000 job losses.

TTIP Update XLIII

The problem of data flows, and why CETA's ISDS is a disaster.

TTIP Update XLIV

ISDS dangers in CETA and TTIP - and in the EU Singapore FTA.

TTIP Update XLV

They want "facts" and "hard evidence" about TTIP? Here they are...

TTIP Update XLVI

There are *already* more than €30 billion worth of ISDS claims against EU nations.

TTIP Update XLVII

The belated provision of improved transparency shows that public advocacy works.

TTIP Update XLVIII

The people have spoken: ISDS must go - no ifs, buts or maybes.

TTIP Update XLIX

New leaks show how transatlantic regulatory bodies will undermine EU and national sovereignty.

TTIP Update L
Should the views of a three-person tribunal take precedence over society's wishes?

TTIP Update LI

As resistance grows, TTIP is increasingly in trouble.

TTIP explained: The secretive US-EU treaty that undermines democracy

The Transatlantic Trade and Investment Partnership (TTIP), sometimes known as the Transatlantic Free Trade Agreement (TAFTA), is currently being negotiated behind closed doors by the European Union and the US. If it is successfully completed, it will be the biggest trade agreement in history. But TTIP is not just something of interest to export businesses: it will affect most areas of everyday life, including the online world.

Opponents fear it could undermine many of Europe's hard-won laws protecting online privacy, health, safety and the environment, even democracy itself. For example, it could effectively place US investors in the EU above the law by allowing companies to claim compensation from an EU country when it brings in a regulation that allegedly harms their investments—and for EU companies to attack US laws in the same way.

Those far-reaching effects flow from the fact that TTIP is not a traditional trade agreement, which generally seeks to lower tariffs between nations so as to increase trade between them. The tariffs between the US and EU are already very low—under 3%—so there is little scope to boost transatlantic trade significantly by removing the remaining tariffs completely.

Instead, TTIP aims to go beyond tariffs, and to remove what it calls "non-tariff barriers." These refer to the different ways of doing things which make it hard for a company to sell exactly the same product on both sides of the Atlantic. Typically, different national regulations require different kinds of tests and product information, which leads to a duplication of effort that adds costs and delays to making products available in the other market.

TTIP's stated aim to smooth away those NTBs is good news for the companies, but not so much for pesky humans. What are classed as "barriers" include things like regulations that protect the environment or the online privacy of Europeans. The threat to diminish or remove them in the name of transatlantic "harmonisation", has turned the traditionally rather dull area of trade agreements into the most important focus for civil action in years, galvanizing a broad spectrum of groups on both sides of the Atlantic that see TTIP not as a potential boon, but a bane.

Read the rest of this 6,376-word article on Ars Technica UK.

A Rare Invitation To Help Shape European Copyright Law

Back in May last year, we wrote about how the European Commission's "Licences for Europe" initiative had turned into a fiasco, with public interest groups and open access supporters pulling out in protest at the way it was being conducted. The central problem was the Commission's attempt to force everything into the straitjacket of copyright licensing, refusing to allow alternative approaches to be discussed. Fortunately, its public consultation on copyright, launched back in December, and closing soon, does not make this mistake, and is broad in scope: 

On Techdirt.

Has The Copyright War Been Won -- And If So, Are We About To Lose It Again?

Reading Techdirt, it's all-too-easy to get the impression that copyright is an utter disaster for the public -- with current laws abused by governments, companies and trolls alike, and international agreements like TPP aiming to make the situation worse. But as Andres Guadamuz points out on his Technollama blog, things aren't quite as bleak as they sometimes seem: 

On Techdirt.

EU's Advocate-General Says Dutch Allowing Unauthorized Downloads Is Incompatible With European Copyright Law

Back in 2012, Ben Zevenbergen wrote a long piece exploring a complicated Dutch case that had been referred to the Court of Justice of the European Union, the EU's highest court. It concerned the home-copying exception of European copyright legislation, and hinged on the question of whether the Dutch collecting society could charge for the "losses" that result from people downloading both authorized and unauthorized uploads. That distinction needs to be made, since in the Netherlands downloading copyright material is permitted, but uploading it is not. Manufacturers of blank media claimed that they should only have to pay a lower copyright levy that covered just the downloads of legally-uploaded materials. 

On Techdirt.

Study: File Sharing Leads To More, Not Fewer, Musical Hits Being Written

As Techdirt has noted many times, much of the debate around filesharing is driven by dogma rather than data. That's beginning to change, although there has been a natural tendency to concentrate on economic issues: that is, whether filesharing causes sales of music and films to drop or not. But copyright is not fundamentally about making money: it's about encouraging creativity. So arguably a more important question to ask is: does filesharing harm or help creativity? That's precisely what an interesting new paper entitiled "Empirical Copyright: A Case Study of File Sharing and Music Output," written by Glynn S. Lunney, Professor of Law at the Tulane University School of Law in New Orleans, seeks to explore (found via TorrentFreak.) Here's the background: 

On Techdirt.

Italy's Communications Watchdog Assigns Itself Extrajudicial Powers To Order ISPs To Stop Copyright Infringement

The last six months have seen a fierce debate in Italy over a proposal by the Italian communications watchdog Agcom to grant itself wide-ranging powers to address alleged copyright infringement online. Here's how The Center for Internet and Society at Stanford Law School described them: 

On Techdirt.

European Commission Admits It Plans To Put 'Corporate Christmas List' Of IP Demands Into TAFTA/TTIP

A few months ago, we quoted the EU trade commissioner Karel De Gucht, who is responsible for handling the TAFTA/TTIP negotiations on the European side, as saying: 

On Techdirt.

59 Bootleg Beatles Tracks Released Officially -- For All The Wrong Reasons

Back in January, Sony released the 'Bob Dylan Copyright Collection Volume'. As its name shamelessly proclaims, that was purely to take advantage of an EU law to extend the copyright term on recordings from 50 to 70 years there. Copyright is supposed to offer an incentive to create new works, so extending it after they are written is clearly nonsensical. Similarly, the idea that musicians will suddenly be inspired to write more new songs because of the extra 20 years of protection that only kicks in 50 years from when the song is recorded is just silly. 

On Techdirt.

New Creative Commons Licenses Released For Intergovernmental Organizations

Even though Creative Commons licenses have only been in existence for just over a decade, it's now hard to imagine the online world without them. The ability they offer to modify or even cancel copyright's monopoly has led to all kinds of innovation, and given that success (as well as one or two failures), you might think there's no need for any more CC licenses. Creative Commons begs to differ: 

On Techdirt.

UK Court Rules That Software Functionality Is Not Subject To Copyright

Yesterday, Mike wrote about some worrying indications that the US Appeals Court may be considering overturning a ruling that APIs aren't covered by copyright. Happily, over in Europe, there's better news. The long-running battle between SAS and World Programming Limited (WPL) over the more general issue of whether copyright covers software functionality has now been settled by the UK Court of Appeal in favor of WPL. Here's a good report on the judgment from Out-law.com: 

On Techdirt.

Increasing European Moves To Block Access To Websites Accused Of Helping People Infringe Copyrights

In their obsessive war on piracy, the copyright industries have tried various approaches. For a while, the "three strikes and out" was popular, until it became clear that it was completely ineffectual. At the moment, the preferred method is to try to force ISPs to block access to sites holding material that infringes on copyright. The UK led the way, and has now made the whole process pretty routine, as a recent post on the TechnoLlama blog explains: 

On Techdirt.

Royalty Collection Agency SABAM Sued By Belgian Government Over 'Piracy License' Plans

Back in May, we wrote about how the Belgian music royalty collection agency SABAM was taking ISPs there to court over its demand for 3.4% of Internet subscriber fees as "compensation" for online piracy in Belgium. In yet another slapdown for SABAM -- it had previously failed in its attempt to turn ISPs into copyright cops -- the Belgian regulator says SABAM's plan falls foul of the EU's e-commerce directive, as IT World reports: 

On Techdirt.