Clinical Trials Must be Open Data: Please Contact MEPs

Back in February, I noted that the UK's investigation into making clinical trial data freely available was somewhat subsidiary to the EU's major initiative on the same subject. The battle there between those who wish to keep clinical trials data secret, for fear that it might show pharma companies in a bad light, and those who believe that it must be released to save money and - more importantly - save lives is now increasingly fierce.

On Open Enterprise blog.

Software Patents Storming Up the Agenda Again

As regular readers of this column will know, software patents have never really gone away, even though the European Patent Convention forbids them, and the European Parliament explicitly rejected them again in 2005. Fans of intellectual monopolies just keep coming back with new ways of getting around those bans, which means that the battle to stop them crippling the European software industry has to be fought again and again.

On Open Enterprise blog.

Why are Facebook, IBM, Microsoft and Oracle Backing the Fight *Against* the Blind?

One of the more disgraceful examples of the inherent selfishness of the copyright world is that it has consistently blocked a global treaty that would make it easier for the blind and visually impaired to read books in formats like Braille. The thinking seems to be that it's more important to preserve copyright "inviolate" than to alleviate the suffering of hundreds of millions of people around the world.

You can read the disgusting details of how publishers have fought against the "proposed international instrument on limitations and exceptions for persons with print disabilities" for *30* years in an column I wrote back in 2011.

Amazingly, things have got even worse since then, with most of the fault lying at the feet of the US and EU, which are more concerned about placating their publishing industries than helping the poor and disabled around the world. And just when you think it can't get any worse, it does:

In a May 14, 2013 letter signed by Markus Beyrer, a Brussels based corporate lobby group known as Business Europe has sent a letter to Commissioners Michel Barnier and Karel De Gucht opposing the WIPO treaty on copyright exceptions for persons who are blind or have other disabilities. .... Business Europe describes itself as "the main horizontal business organization at the EU level." It represents 41 national business organizations in 35 European countries, claiming to promote "growth and competitiveness in Europe." Below is a list of the 55 member companies on its Corporate Advisory and Support Group, which describes its main constituency.

What readers of this blog may find most of interest are the names of the companies from the computer industry that are supporting this move to deny the blind even the smallest solace. Here are the main ones:

Facebook
IBM
Microsoft
Oracle

These are companies that often like to present themselves as decent and caring organizations whose pursuit of profit is balanced by a deep respect for fundamental human values. But their support here for the Business Europe lobbying group and its attempt to make it even harder for the blind to gain belatedly basic human rights like being able to read books – something that most of us are able to take for granted - is simply unacceptable.

I therefore call on Facebook, IBM, Microsoft and Oracle to dissociate themselves from the Business Europe group and its attempt to keep blind people in their darkness. If those companies refuse, we will know that their claims to any kind of humanity are shams, and should treat them with the contempt that they deserve.

Please Write to MEPs *Now* about TAFTA/TTIP

There's an important vote in INTA today (25 April) on the transatlantic trade agreement (TAFTA/TTIP), and there are some crucial issues that you might like to convey to your MEP, especially if they are on the INTA committee. La Quadrature du Net has put together a splendid page explaining which amendments to the proposed draft resolution need to be adopted, and which rejected. There's also a list of MEPs on the INTA committee, so you can check if there's yours.

Here's what I've sent to my MEP:

My fear is that attempts may be made to turn this treaty into ACTA by the backdoor, and I'm sure that none of us really wants to go through all that again. I'd therefore like to urge you and your colleagues on INTA to reject Amendment 115, and to adopt Amendment 121.

I'd also like to mention the problems with investor-state disputes. As you doubtless know, Eli Lilly is suing the Canadian government for $100 million because the Canadian courts decided that Eli Lilly's patent application did not meet the stated requirements (I wrote an article about it here: https://www.techdirt.com/articles/20130208/03441521918/canada-denies-patent-drug-so-us-pharma-company-demands-100-million-as-compensation-expropriation.shtml).

Eli Lilly wishes to use the investor-state dispute mechanism to overturn a legal, valid decision by the courts, following established Canadian law, simply because the company is not happy with it. As you can see, this threatens the sovereignty of any nation that agrees to such mechanisms, which were brought in for countries that had poor legal systems.

That is not the case for the EU and US, so the investor-state dispute mechanism is unnecessary, but represents a grave threat to not just every country in the EU, but the European Parliament itself, which could see its laws overruled by secret arbitration courts. I would thus urge you to accept Amendment 164 and exclude investor-state dispute mechanisms from the mandate.

Finally, I would like to ask that Amendment 174 be accepted. This requires the US to agree to transparency – something that was sadly lacking in ACTA, and which caused huge problems there. To those who say that it is not possible to reveal secret documents without compromising the negotiations, there is a simple answer: make public only those documents that are tabled for discussion. At that point, they are no longer secret, and therefore no advantage can be lost by releasing them. Documents that have not yet been tabled can be kept secret. Transparency would allow European citizens to follow and be engaged by the negotiations, rather than kept in the dark and alienated from them.

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Google Under Attack in the EU: Microsoft to the Rescue?

As I wrote last week, all the main browsers are jockeying for position in the world of mobile, which is generally recognised as the key future platform. One player that is struggling here is Microsoft: its mobile phone strategy has signally failed to take off, leaving it a minor player alongside the duopoly of Apple and Google. Its tie-up with Nokia is part of its attempt to make its products relevant here, but another important aspect of its counter-attack is through the legal system.

On Open Enterprise blog.

Now US Wants Transatlantic Free Trade Agreement With European Union To Include Turkey: Who's Next?

Last week we wrote about the important news that Mexico is asking to join what began as a bilateral trade agreement between the US and Europe, with the suggestion that Canada might follow suit. Now, via @FFII, we learn that even before Mexico's announcement, the US has been encouraging other countries to join: 

On Techdirt.

Why TAFTA Matters, and What We Should Do About It

Back in January, I wrote about what I called the "Trans-Atlantic Partnership Agreement", by analogy with the Trans-Pacific Partnership agreement, TPP, whose negotiations have already dragged on for several years. The formal announcement of what is now variously called the Trans-Atlantic Free Trade Agreement (TAFTA) or Transatlantic Trade and Investment Partnership (TTIP), took place just over a month ago, but already Mexico has stated that it wishes to join, and there are rumours Canada might tag along too.

On Open Enterprise blog.

European Patent Office Gives Staff Bonus For Issuing Bumper Crop Of Patents: What Could Possibly Go Wrong?

The European Patent Office (EPO) is a curious body. Despite its name, it is not the patent office for the European Union (EU) in the same way that the USPTO handles patents in the US. As its history page explains: 

On Techdirt.

EU Data Protection: Proposed Amendments Written by US Lobbyists

It's becoming clear that the lobbying around the proposed EU directive on Data Protection is some of the most intense ever seen - some activists have said it's even worse than during ACTA, while on the US side there's mutterings about starting a "trade war" if it's passed in its present form.

On Open Enterprise blog.

The Battle for the Soul of EU Privacy

As I mentioned a couple of weeks ago, 2013 is already shaping up to be a year in which data protection is a key battleground. That's been confirmed by a flurry of stories around Data Privacy Day, which was yesterday in case you missed it.

On Open Enterprise blog.

EU Data Protection and Open Standards

As happened for last year, 2013 will doubtless see plenty of battles in the domains of open standards, copyright and software patents, but there will also be a new theme: data protection. That's a consequence of an announcement made by the European Commission almost exactly a year ago:

On Open Enterprise.

Give Your Views on Europe's Digital Future

As you may have gathered, I'm a big fan of consultations: if they are asking us what we think, we really ought not pass up the chance of telling them. Sometime those consultations concern extremely specific and urgent matters, like surveillance or net neutrality, and sometimes they are more general. Here's an example of the latter:

On Open Enterprise blog.

EU Surveillance Team: We Need More Surveillance To Justify More Surveillance

Whether or not you believe that CCTV surveillance makes the world a safer place, there's a big problem with deploying it more widely: you still need someone to look at that footage and pick out the things of interest, and it's much harder adding new personnel than adding new cameras. 

On Techdirt.

EU Unitary Patent Vote: It's On, Again, Probably

This is getting silly. Over the last year I've been warning about problems with the EU's plan to bring in a Unitary Patent system, culminating in a call to write to your MEPs a few weeks ago about an imminent vote that was taking place in the crucial JURI committee. That didn't take place, but word is that the committee vote will now take place this Thursday:

On Open Enterprise blog.

Why ECJ Must be Ultimate Arbiter of the Unitary Patent

As I've noted a couple of times, one of the key issues that has yet to be resolved concerning the proposed EU Unitary Patent system is which court will have the final say. Will it be the European Court of Justice (ECJ), or the main Unitary Patent Court? Or, put another way, will Articles 6 to 8 of the Unitary Patent Regulation to be adopted by the Council and the European Parliament be deleted or not? If they are removed, ultimate power rests with the Unitary Patent Court; if they remain, the ECJ has the last word.

On Open Enterprise blog.

EU Open Voluntarism Consultation: Your Views

If you cast your mind back to the heady days of summer, when we were all worried about what ACTA might do, one of the problems was with Article 27, whose third paragraph reads:

On Open Enterprise blog.

Let's Clean up the Clean IT Project

Any EU project called "Clean IT", with all that implies for elements that are regarded as "dirty", is worrying enough. But combined with a stated intention of "reducing the impact of the terrorist use of the Internet", the concerns naturally grow. After all, it is precisely by invoking the vague and emotional threat of "terrorism" that the UK government has sought to short-circuit criticism of many of its most illiberal policies, most recently with the ill thought-out Draft Communications Bill.

On Open Enterprise blog.

The New Kremlinology: Decoding The Signals Of Future EU Copyright Enforcement Moves

The negotiations behind closed doors of major treaties like ACTA and TPP, and the refusal of participants to release official drafts or to engage in any kind of substantive dialog, has meant that activists and observers have been obliged to seize upon even the smallest signs and hints emerging from those talks in an attempt to guess what is going on. In a way, we are witnessing the birth of a new form of Kremlinology, which Wikipedia explains as follows: 

On Techdirt.

Fighting Software Patents in the Unitary Patent Again

Back in July, I warned about the imminent threat of software patents sneaking into Europe thanks to horse-trading over the proposed EU Unitary Patent. Nothing happened then, but purely because MEPs turned to far more important matters - their summer holidays. Now that those balmy days are over, MEPs are back at work, and the Unitary Patent rears its misbegotten head again.

On Open Enterprise blog.

UK Net Neutrality Under (Coded) Attack

Yesterday I wrote that I hoped to post here my submission to the important EU consultation on net neutrality that is currently open. However, there have been some important developments in this area that need to be covered first.

On Open Enterprise blog.