10 March 2013

EU Data Protection: Please Write to MEPs Now

Last week I wrote about the revelation (to me, at least - maybe other people knew this was going on) that MEPs were simply cutting and pasting from lobbyists' proposals and presenting them as amendments to the important Data Protection regulation. I also suggested that readers might like to write to the UK MEPs involved, and ask about this. Several kindly did so, and sent me the reply, which came from Malcolm Harbour. Here's what he wrote:

On Open Enterprise blog.

Python in Peril - Please Help

Trademarks are a problem for free software, because there is a tension between a desire to encourage sharing of the software, and a need to ensure that people are not misled over what exactly that software is. For example, you don't want people distributing modified copies of your code claiming that it is your code, or that it is approved by you - in the worst cases, it might contain malware, for example.

On Open Enterprise blog.

BBC Attacks the Open Web, GNU/Linux in Danger

The Web is one of the most dramatic demonstrations of the power of openness, alongside free software, which not coincidentally runs most of it and the rest of the Internet. At the heart of that openness lies HTML, a completely open way of sharing information. So what would be a really stupid thing you could do to try to throttle that openness and innovation? Why, yes: adding DRM to HTML so that you can lock down Web page elements:

On Open Enterprise blog.

09 March 2013

IIPA Wants Canada And Spain On The 'Naughty' Special 301 List Even Though They Brought In Tough New Copyright Laws

Here on Techdirt, one of the things we look forward to each year is the comedy production known as the 301 Report, where the US makes the world line up in a row, and then names and shames all the naughty countries whose intellectual monopoly laws aren't outrageous enough. In advance of the official naughty list, there are helpful suggestions from the fans of monopoly maximalism, including the International Intellectual Property Alliance (IIPA), which has just released its 2013 demands. Mostly it's the usual suspects -- China, India, Russia etc. But there's an interesting change from the previous year's list: Canada has moved from the really naughty "Priority Watch List" to the only slightly naughty "Watch List". 

On Techdirt.

Will The ITU's Increasing Focus On Control And Surveillance Split The Internet?

Techdirt covered the WCIT circus in Dubai in some depth last year, since important issues were at stake. As many feared, after a moment of farce, it became clear that a serious schism in the ITU was opening up -- between those who wanted the Internet largely left alone to carry on much as before, with the possibly naïve hope that it might act as a vehicle of freedom, and those who wanted it regulated more closely, certain it could become an even better instrument of control. 

On Techdirt.

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.

Europe's 'Database Right' Could Throttle Open Data Moves There

One of the more benighted moves by the European Union was the introduction of a special kind of copyright for databases in 1996: not for their contents, but for their compilation. This means that even if the contents are in the public domain, the database may not be. Thanks to a recent court judgment in France, this "database right" now threatens to become a real danger for the burgeoning open data movement in Europe (original in French). 

On Techdirt.

China's Censorship Hits Internet Users In Other Countries

It's hardly a surprise these days that Chinese Internet companies routinely self-censor what appears on their services: the world knows there's not much it can do about what happens within China's borders. But here's a disturbing story about how that censorship has started spreading further afield

On Techdirt.

How Lobbyists' Changes To EU Data Protection Regulation Were Copied Word-For-Word Into Proposed Amendments

Everyone knows that politicians are lobbied, sometimes massively. But it's rare to be able to track directly the detailed effects of that lobbying. That's why a new site called LobbyPlag is so interesting: it allows people to do precisely that in the case of the controversial data protection rules in the EU, which aim to regulate how personal information harvested from users of online services can be used. Naturally, many large Net companies -- mostly in the US -- are unhappy about these moves; some US diplomats are even talking of a possible "trade war" if the proposals go through in their current form. That's unlikely, not least because the lobbying is starting to pay off, as LobbyPlag's analysis makes clear. 

On Techdirt.

China Tries To Bolster Claim To Disputed Pacific Islands By Upgrading Mobile Coverage There

The Spratly Islands are some 750 reefs, atolls and islands in the South China Sea that are claimed variously by Brunei, the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines and Vietnam. That's largely because of the rich fishing grounds that surround them, and the possibility of significant oil and gas reserves nearby. 

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.

Digital Copyright Principles, According To The Davos Set

Maybe it's just me, but this year's annual meeting of the global elite at the World Economic Forum in Davos seemed particularly irrelevant. In fact, all those movers and shakers had packed up and flown off in their private jets before I had even noticed that they had flown in, and it's hard to detect much of a ripple from anything that happened there (or maybe I just move in the wrong circles....)
On Techdirt.

11 February 2013

Canada Denies Patent For Drug, So US Pharma Company Demands $100 Million As Compensation For 'Expropriation'

An increasingly problematic aspect of free trade agreements (FTAs) is the inclusion of investor-state provisions that essentially allow companies -- typically huge multinationals -- to challenge the policies of signatory governments directly. The initial impulse behind these was to offer some protection against the arbitrary expropriation of foreign investments by less-than-democratic governments. But now corporations have realised that they can use the investor-state dispute mechanism to challenge all kinds of legitimate but inconvenient decisions in any signatory nation. Here's a good example of how this provision is being invoked to contest a refusal by Canadian courts to grant a patent on a drug, as explained on the Public Citizen site: 

On Techdirt.

UK National Curriculum: A Level Playing-Field?

Just over a year ago, I reported on a remarkable speech by the UK Education Secretary Michael Gove that contained the following words:

On Open Enterprise blog.

NZ, Don't Make Our Mistake on Software Patents As Such

A couple of months ago, an MEP asked the European Commission an interesting question:

On Open Enterprise blog.

Another Terrible Idea From Russia: Using Whitelists To Control Access To The Internet

Techdirt has been reporting on a steady stream of bad tech ideas coming out of Russia, including content monitoring, banning children from using WiFi, anti-piracy laws requiring takedowns in 24 hours and -- of course -- site blocking. But such blacklists are too permissive for some Russians: over on Google+, Peter Lemenkov pointed out that one region is now introducing whitelists (original in Russian): 

On Techdirt.

Here's A Taste Of What Publishers Will Do If First Sale Rights For Foreign Goods Disappear

As Techdirt reported a few months back, the Supreme Court Justices seem rightly concerned about the "parade of horribles" -- things that would happen if the decision in the Wiley v. Kirtsaeng copyright case over whether or not you have the right to resell a foreign-made product you bought were applied generally. In the oral arguments, the line of Wiley's lawyer was essentially: nothing bad will happen, because copyright holders would never dream of using the decision to make outrageous demands. 

On Techdirt.

European Court Of Human Rights: No, Copyright Does Not Automatically Trump Freedom Of Expression

As many know, copyright had its origins in censorship and control. But over the last few hundred years, that fact has been obscured by the rise of the powerful publishing industry and the great works it has helped bring to the public. More recently, though, laws and treaties like SOPA and ACTA have represented a return to the roots of copyright, posing very real threats to what can be said online. That's not because their intent was necessarily to crimp freedom of expression, but as a knock-on effect of turning risk-averse ISPs into the copyright industry's private police force. 

On Techdirt.

10 February 2013

Copyright: Finally, the Evidence is Coming

Back in 2011, I noted that one of the most significant achievements of the Hargreaves report was its shockingly revolutionary suggestion that copyright policy should be based on the available evidence, not "lobbynomics". The fact that this even had to be said shows to what depths policy-making had sunk - something clearly demonstrated by the disgraceful Digital Economy Act, or the extension of copyright term for musical performances, both of which were passed despite the evidence, rather than because of it.

On Open Enterprise blog.

What's the next big platform for Linux?

Linux has a problem: it's running out of platforms to conquer. It's already the top operating system for smartphones and supercomputers, and is widely used in embedded and industrial systems. It's true the Year of the GNU/Linux desktop continues to be five years in the future, but the rise of tablets makes up for that in part. 

On The H Open.

First Big Pharma Company Announces Support For Clinical Data Transparency Campaign: Who's Next?

It would be something of understatement to say that the spiralling cost of healthcare has become a highly-charged political issue in the US (and elsewhere). But wherever people stand on the funding of medicine, there is an implicit assumption that it works, and is worth even the exorbitant prices that pharmaceutical companies may charge. Sadly, that's often not true. 

On Techdirt.

New UK Copyright Research Center Immediately Under Attack For Daring To Ask About Evidence

As Techdirt reported last year, some copyright maximalists in the UK seem to be against the whole idea of basing policy on evidence. Last week saw the launch of CREATe: Creativity, Regulation, Enterprise and Technology, a new UK "research centre for copyright and new business models in the creative economy." One of the things it hopes to do is to bring some objectivity to the notoriously contentious field of copyright studies by looking at what the evidence really says; so it was perhaps inevitable that it too would meet some resistance from the extremist wing of the copyright world. What's surprising is that it seems to have happened during the launch itself, as Paul Bernal, an academic who was there, reports: 

On Techdirt.

Japan Wonders Whether It Is Worth Joining TPP Negotiations After All

The Trans-Pacific Partnership (TPP) agreement began as a cosy treaty between just three nations: Chile, New Zealand and Singapore. But once the US joined in 2010, this small-scale partnership suddenly became something much more significant. As USTR Ron Kirk put it in a press release at the time

On Techdirt.

Bayer Fights India's Compulsory Licensing Of Cancer Drug By Claiming It Spent $2.5 Billion Developing It

Back in March last year, the Indian government announced that it was granting its first compulsory license, for the anti-cancer drug marketed as Nexavar, whose $70,000 per year price-tag put it out of reach of practically everyone in India. Nexavar's manufacturer, the German pharmaceutical giant Bayer, naturally appealed against that decision, and the hearing before the India Intellectual Property Appeals Board (IPAB) has now begun. Jamie Love has provided a useful report on the proceedings; here's his summary of what's at stake: 

On Techdirt.

UK Government Fails Its First Big Procurement Test

As regular readers of Computerworld UK know, the UK government has repeatedly said that it wishes to move on from the past patterns of procurement that have seen the UK spending far more on IT than comparable governments elsewhere. For years the UK has been the IT industry's dream: a rich but gormless customer that believes everything it is told by suppliers, and happy to pay through the nose for projects that consistently fail to deliver, assuming they are even completed. Indeed, the UK government has become proverbial in the IT world for its inefficiency and incompetence in this area.

On Open Enterprise blog.