20 July 2013

No, The UK Did Not Just Abolish Copyright, Despite What Photographers Seem To Think

The photographers are freaking out again. After last year's excitement with Instagram's changes to its terms of service, now it's the UK's Enterprise and Regulatory Reform (ERR) Act that's getting people worked up. Here, for example, is a post on the site of Stop43, a photographers group which successfully fought against the inclusion of orphan works in the UK's Digital Economy Act, with the title: "The Enterprise And Regulatory Reform Act Has Reversed The Normal Workings Of Copyright": 

On Techdirt.

What New-Style Trade Agreements Are Really About (Hint: It's Not Trade)

Given the massive impact that new-style trade agreements like TPP and TAFTA/TTIP are likely to have on the lives of hundreds of millions of people, it's surprising how few members of the public know about what's being negotiated in their name. Fortunately, publications are starting to run more articles on the subject, like this great piece by David Brodwin in US News. 

On Techdirt.

Has Russia's VKontakte Social Network Betrayed Its Users? Or Is It Under Attack For Defending Them?

We last wrote about the Russian social network site VKontakte, often called "The Facebook of Russia," a year ago. Since then, lots of bad stuff has been happening in Russia as a part of clampdown on online activity there, and now VKontakte is back in the news, with a pair of rather contradictory stories. 

On Techdirt.

McAfee Patents System To 'Detect And Prevent Illegal Consumption Of Content On The Internet'

As a post on the French site Numerama reminds us (original in French), the department responsible for implementing the three-strikes plan known as HADOPI was also supposed to provide Internet users with information about technical solutions to reduce infringement. That never happened -- instead, the body has preferred to send out warning messages on a massive scale and to seek convictions, even of those who are innocent. But in the meantime, the US company McAfee seems to have obtained a patent on just the kind of thing the French law originally had in mind

On Techdirt.

US Demands Transparency Everywhere -- But Only From Everyone Else

Techdirt has written about the Special 301 report many times, but that's not the only US government publication putting other countries on the naughty step. Another is the less well-known National Trade Estimate Report on Foreign Trade Barriers (pdf): 

On Techdirt.

After Muzzling Librarians And Scientists, Now Canada Starts Making It Difficult For Citizens To Express Their Views

Last month, Techdirt wrote about the requirement for librarians employed by the Canadian government to self-censor their opinions, even in private. This came in the wake of similar restrictions being placed on government scientists. We pointed out that this kind of muzzling created a really bad precedent that might one day even be extended to the public. It seems that moment has come sooner than expected

On Techdirt.

UK 'Snooper's Charter' Torn Up; Now What?

Since the UK government published the draft version of its Communications Data Bill -- better known as the "snooper's charter" -- with plans to store data about every British citizen's emails, mobile calls and visits to Web sites, there has been almost total opposition to it from everyone else. Indeed, there has been growing resistance even within the UK government's ranks, largely from the smaller of the coalition partners, the Liberal Democrats. Here's what the party's leader and Deputy Prime Minister, Nick Clegg, has been up to, as described by one of the Liberal Democrat MPs, Julian Huppert: 

On Techdirt.

Not Learning From ACTA: IPR Protection And Enforcement Seen As 'Less Difficult Issue' For TAFTA/TTIP

Despite increasing calls for the imminent TAFTA/TTIP trade negotiations to be conducted as openly as possible, it seems likely that, as with ACTA and TPP, everything will be decided behind closed doors. That means the rest of us are forced to take our information about what is likely to happen where we can find it. For example, a new survey entitled "The Transatlantic Trade and Investment Partnership: Ambitious but Achievable" (pdf), carried out by The Bertelsmann Foundation and Atlantic Council, offers some interesting thoughts on the subject. Here's the description: 

On Techdirt.

EU Free Trade Agreements With India And Canada Grind To A Halt

Techdirt has been covering the free trade agreement being negotiated between India and the EU for a while now -- that is, as well as anyone can report on something that is being conducted behind closed doors. Despite or maybe even because of that secrecy, one issue in particular has raised concerns: that India's crucial role as supplier of low-cost generics to the world's poor might be under threat. Against that background, this report on the Live Mint site comes as something of a surprise

On Techdirt.

Public Domain Human Genome Project Generated More Research And More Commercial Activity Than Proprietary Competitor

Traditionally, there has been a blithe assumption that more innovation occurs when patents are granted than when they are not. But as Techdirt has reported, people are finally beginning to call that into question. A forthcoming paper from an economist at MIT, Heidi Williams, provides another example of where that is not the case: in the field of genomics (via @gsDetermination). 

On Techdirt.

Double Blow Against Freedom Of Speech For Twitter Users In Turkey

Techdirt has written a few times about Turkey's difficult relationship with new technology. Unfortunately, it looks like that now includes Twitter, as two troubling decisions against users have been handed down recently. Here's the first, as reported by the Turkish Web site Hürriyet Daily News

On Techdirt.

'Pay For Delay' Drug Deals Under Scrutiny In US, EU And UK

The last time Techdirt wrote about "pay for delay" deals, whereby a big pharma company essentially buys off manufacturers of generics so that the former can continue to enjoy monopoly pricing long after its patents have expired, things didn't look too good. Back in 2010, the Second Circuit had refused to re-hear a case on the issue after dismissing a lawsuit arguing these deals were anti-competitive. But now things seem very different, and not just in the US. 

On Techdirt.

Australian Census Data Released Under CC License, But Official Site Tries To Make It Hard To Download

The whole point about adopting Creative Commons licenses is to make it easier for people to share and use works released under them. Sometimes, though, you get the impression that certain organizations adopting these licenses would rather that didn't happen, as in the following case from Australia, reported by IT News: 

On Techdirt.

Leading Italian Film Producer Calls For $16 Billion Lawsuit Against Italian State For Alleged Inaction Against Piracy

Last year we wrote about EMI suing the Irish government for having the temerity not to pass a SOPA-Like censorship law. That truly extraordinary sense of entitlement seemed to be a one-off, but The Hollywood Reporter now brings us another (via @LifeinSicily): 

On Techdirt.

Why Public Interest Trumps Trade Secrecy

Most companies have a natural tendency to keep details of their activities secret -- the fear being that competitors might be able to exploit for commercial advantage the information that they obtain. But it may be in the public interest for some details to be released, even if this might prove inconvenient for the company concerned. That's the background to a letter sent by ten law professors, including Larry Lessig, to the Alaska Oil & Gas Conservation Commission, pointed out to us by infojustice.org. 

On Techdirt.

Lithuania And Estonia Use Google Maps Street View To Catch Tax Cheats

As we've noted before, the information captured by Google's Street View has been put to some surprising uses, and the Boston Globe has come across a further fascinating example from Lithuania

On Techdirt.

Cambodian Activists Explain Why The EU-India FTA Is A Matter Of Life And Death

One of the many problems with the secretive nature of trade agreements is that it insulates negotiators from the real-world consequences of their actions. That's particularly true for the FTA talks between the EU and India, currently taking place behind closed doors. One of the key issues for the EU side is India's role as a supplier of generic medicines to the world, and India's tough stance on issues like the evergreening of pharma patents. From the various leaks that we have, it seems that the EU is demanding that India toe the line on drug patents, and cut back its supply of low-cost generics to emerging countries. 

On Techdirt.

The Free, Open Web: 20 Years of RF Licensing

As regular readers of this column know, there's still a battle going on over whether standards should be FRAND or restriction/royalty-free (RF). The folly of allowing standards to contain FRAND-licensed elements is shown most clearly by the current bickering between Microsoft and Google. What makes that argument such a waste of time and money is the fact that for 20 years we have had the most stunning demonstration of the power of RF:
 

European Commission Replies to My IPRED Letter

Earlier this month I wrote a couple of posts about a letter I sent off to the European Commission concerning my appalling experience with the IPRED consultation. Well, I now have a reply, which I reproduce below:

On Open Enterprise blog.

Please Write to MEPs *Now* about TAFTA/TTIP

Sorry to trouble you again this week, but 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. 

On Open Enterprise blog.

Please Write to Your MPs About Snooper's Charter

It seems that the UK government will be deciding what to do about the Snooper's Charter this week. It is already under huge pressure as more and more problems with the plans become evident. I urge you to write to your MP (perhaps using WriteToThem.com) to express your own concerns.

On Open Enterprise blog.

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 CISPA Shows We Need Strong EU Data Protection

It seems hard to believe that it was only a little over a year ago that the threat from the US SOPA (Stop Online Piracy Act) was averted (and that ACTA was still with us in the EU). But of course the war is never won: new threats to freedom and openness on the Internet just keep on coming. 

On Open Enterprise blog.

The Future of Commercial Open Source: Foundations

Remember MySQL? Most famous for being part of the LAMP stack, and thus powering the bulk of the innovative work done in the field of ecommerce for a decade or more, it's rather fallen off the radar recently. It's not hard to see why: Oracle's acquisition of Sun, which had earlier bought MySQL for the not inconsiderable sum of $1 billion, meant that one of the key hacker projects was now run by the archetypal big-business mogul, Larry Ellison. So it was natural that people were unsure about MySQL's future, and started looking for alternatives.

On Open Enterprise blog.