A recurrent theme here on Techdirt is the lack of transparency when international agreements and treaties are being drawn up. That's increasingly recognized not just as problematic, but simply unacceptable in an age when the Internet makes it easy to provide both access to draft documents and a way for the public to offer comments on them.
A couple of days ago Techdirt wrote about how Murong Xuecun, a well-known user of the Chinese microblog Sina Weibo with over a million followers, had his account closed down suddenly. Murong has now written a fine article about the background to what happened: he points out that the deletion of his account looks to be part of a larger clampdown on the use of microblogging services by well-known figures who are critical of the Chinese government. The problem for the latter is that these services are becoming a real channel for free expression and less-than-perfectly-censored information:
Although New Zealand's decision not to allow patents for programs "as such" was welcome, other moves there have been more problematic. For example, after it became clear that the New Zealand intelligence service, the Government Communications Security Bureau (GCSB), illegally wiretapped and spied on Kim Dotcom, the New Zealand government announced that it would change the law so as to make it legal in the future to snoop on New Zealanders as well as on foreigners. Judging by a major new bill that has been unveiled, that was just the start of a thoroughgoing plan to put in place the capability to spy on every New Zealander's Internet activity at any moment. Here's an excellent analysis of what the bill proposes, from Thomas Beagle, co-founder of the New Zealand digital rights organization Tech Liberty:
It will hardly come as a surprise to anyone to learn that a popular writer and well-known critic of China's pervasive censorship system has run into trouble for his views. Fortunately, in this case that doesn't mean getting arrested, but nonetheless involves quite a dramatic slapdown:
The UK's new orphan works legislation allows works to be classed as orphans only after a "diligent search" has been conducted to find the owner. The fear expressed by some is that this "diligent" search won't be very diligent, allowing publishers to use materials that aren't orphans. That's actually wrong for a number of reasons, as Techdirt explained recently, but the continuing furor from photographers in particular has been such that the UK's Intellectual Property Office (IPO) felt compelled to issue a document entitled "The Enterprise and Regulatory Reform Act 2013 –Your photos and you" (pdf) explaining how the system would work, and why the fears were unjustified.
If there's one clear trend that has emerged in recent years, it's that those who download and share unauthorized copies of files the most also tend to be the most avid purchasers of similar material. This completely negates the copyright industry's rhetoric that people who share files are just a bunch of freeloaders, suggesting instead that it's more a matter of sampling materials before going on to buy. It also implies that instead of seeking to punish such downloaders, the copyright companies should actually try to nurture them as potentially their best customers.
If you wanted an indication of just how much copyright has moved on from being a dry and boring topic of interest only to a few specialist lawyers to an exciting area full of surprising twists and turns worthy of a soap opera, you could do worse than look at what's been happening in Colombia recently.
A couple of weeks ago, we wrote about the growing importance of investor-state dispute resolution in so-called free trade agreements (FTAs). One of the most troubling aspects is how potentially it can be used to undo the hard-won gains for important areas like access to medicines. The US law professor Brook K. Baker, whose work we discussed last year, has written an excellent exploration of this under-appreciated risk. After an introduction running through the recent wins in the field of access to medicines -- a topic that we've covered extensively here on Techdirt -- he explains how big pharma could employ investor-state dispute resolution to thwart these and similar moves to protect health:
Few patent sagas have been as fraught as New Zealand's attempt to revise its laws to exclude software. Techdirt first wrote about this move in March 2010, and again in June 2010, when it seemed that lobbyists had convinced the New Zealand government to reverse its position and allow software patents. Then, a month after that, word was that software would indeed be unpatentable. Things went quiet for a while, until a new version of the proposed law was unveiled by New Zealand's Commerce Minister Craig Foss, apparently weakening the bill once more:
There's a worrying trend around the world for governments to extend online surveillance capabilities to encompass all citizens -- often justified with the usual excuse of combatting terrorism and/or child pornography. The latest to join this unhappy club is India, which has put in place what sounds like a massively intrusive system, as this article from The Times of India makes clear:
Last month Techdirt wrote about the case of the giant pharma company AbbVie seeking to prevent the European Medicines Agency from releasing basic health safety data that AbbVie claims contains commercially sensitive information. Unfortunately, an interim injunction has just been granted to that effect:
Nearly three years ago, I wrote an article exploring why at that time there were no billion-dollar companies (since then, Red Hat has finally broken through this barrier). Here's the key point:
A couple of weeks ago, I wrote a post about the growing threat of software patents in Europe (again). I was delighted to come across this reply from Martin Goetz, who wrote:
Last week I reported on the reply I received from Jean Bergevin of the European Commission on the subject of the IPRED consultation, and my own response to that. I wondered whether I would receive a reply, suspecting that I might not. I was wrong: not only did a reply turn up, it turned up almost by return of post. Here's what Mr Bergevin wrote:
Readers of this blog don't need to be told about Windows' awful security record, or how, when news outlets talk glibly of "viruses", they actually nearly always mean Windows malware. But sometimes there are stories from this weird world that make even seasoned Windows-watchers like me shake my head in disbelief.
Seeds might seem far from the world of high tech and free software, but they have much in common. Seeds contain DNA, which is a (quaternary) digital code much like a binary program. Just as there is free software that anyone may use and share, there are free seeds - those that are part of the ancient seeds commons, created over thousands of years, available for use by anyone. And just as free software is threatened by software patents, so seeds are equally endangered by seed patents.
Remember the bad old days when the UK government forced people to use Microsoft software in order to interact with it online? Remember how we thought the UK government had finally moved on, recognising that it should use truly open standards allowing citizens the freedom to adopt whatever software they wanted, not least through the fine, open standards-based Gov.uk site? We were wrong, as Tim Jeffries pointed out on Twitter earlier today.
When we wrote last year about a Dutch idea to give police there the power to break into computers -- even those located abroad -- we and many others pointed out a number of deep flaws with the plan. Undeterred, the Dutch government seems to be going ahead with the scheme, as Bits of Freedom explains:
Back in November 2011, we wrote about the Belgian music royalty collection agency SABAM's demand for 3.4% of Internet subscriber fees as "compensation" for online piracy in Belgium. As Tim Cushing explained back then, this was ridiculous on just about every level. But SABAM doesn't let little things like that get in the way of its desperate attempt to avoid moving with the times and coming up with new business models. So after failing dismally to convince Europe's highest court that it could force ISPs to spy on their customers, SABAM has now moved on to suing ISPs instead, as TorrentFreak reports:
Here on Techdirt we often talk about the copyright ratchet -- the fact that for three hundred years changes to copyright have always been in one direction: longer, wider and stronger. But there's a group of countries where the copyright ratchet isn't in place yet. These are the so-called LDCs -- the Least Developed Countries -- where many of the world's poorest citizens live. That's because the main Agreement on Trade Related Aspects of Intellectual Property Rights, better known as TRIPS, explicitly allows LDCs a transitional period of ten years, during which time they are not required to meet all the stringent requirements laid down there for granting intellectual monopolies. Moreover, the TRIPS agreement specifies:
Techdirt has written several times about the increasing tendency for governments around the world to turn to malware as a way of spying on people, without really thinking through the risks. One company that is starting to crop up more and more in this context is Gamma International, thanks to its FinFisher suite of spyware products, which includes FinSpy. A recent report by Citizenlab, entitled "For Their Eyes Only: The Commercialization of Digital Spying", has explored this field in some depth. Among its findings is the following:
Unless we are farmers, we tend to take seeds for granted. But civilisation is built on seeds: it was the rise of large-scale agriculture, based in part on the skilful breeding of ever-better seeds, that eventually allowed towns and then cities to form; and with them, the trades, arts and sciences that were possible once enough food could be produced by just a fraction of the population. That makes national seed policies -- how governments regulate the production and sale of plant varieties -- a crucial if neglected aspect of our urban lives.
As Africa continues to develop rapidly, Western countries and companies are increasingly interested in bringing it into existing international legal and commercial frameworks, but always on terms that maintain their dominance. One way of doing that is through intellectual monopolies: last year we wrote about proposals for a Pan-Africa Intellectual Property Organization (PAIPO), whose benefits for Africa seem dubious. Meanwhile, here's another plan that is being presented as a vital part of Africa's modernization process, and yet oddly enough seems to benefit giant Western companies most, as AllAfrica reports:
Techdirt has been following the story of Brazil's innovative Marco Civil project, a civil-rights based framework for the Internet, for a while. Last time we wrote about it, it had been shelved following some aggressive work by lobbyists. As we noted then, it wasn't clear whether it would be resuscitated or not, but here's Kuek Yu-Chuang, Yahoo!'s Regional Public Policy Director, who seems to think it still stands a chance of being approved:
the "political" bodies the corporations fear are the democratically elected representatives of the people.
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