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: 

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Microsoft Goes Open Access; When Will It Go Open Source?

Even though Microsoft is no longer the dominant player or pacesetter in the computer industry -- those roles are shared by Google and Apple these days -- it still does interesting work through its Microsoft Research arm. Here's some welcome news from the latter: it's moving to open access for its researchers' publications. 

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In Response To Growing Protests, EU Pulls Corporate Sovereignty Chapter From TAFTA/TTIP To Allow For Public Consultation

Here on Techdirt, we've been writing about the dangers of corporate sovereignty for a while. In recent months, more and more people and organizations have pointed out that the plan to include an investor-state dispute settlement (ISDS) in the TAFTA/TTIP agreement currently being negotiated is fraught with dangers -- and also completely unnecessary given the fair and efficient legal systems that exist on both sides of the Atlantic. It seems that this chorus of disapproval has finally been noticed, in Brussels at least: 

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Big Pharma Accused Of Patent Plot Of 'Satanic Magnitude' By South African Health Minister

Here on Techdirt we've written a number of times about India's efforts to provide key drugs to its population at prices that they can afford, and how its approach is beginning to spread to other countries. That's a big worry for Western pharma companies, which see their business model of selling medicines at high prices threatened by newly-assertive nations. The latest to join that club is South Africa. 

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Now That The NSA Has Made It The Norm, Total Surveillance During The Sochi Olympic Games Is No Longer Noteworthy

In addition to being an opportunity to stretch copyright and trademark rules way beyond the law, over the years, the Olympics has also become an occasion when the feeble "because terrorism" excuse is deployed to justify all kinds of additional restrictions on personal freedoms. It will come as no surprise to learn that the Winter Olympics in Sochi, Vladimir Putin's pet project, will continue the tradition: 

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Will Monsanto Become The NSA Of Agriculture?

Monsanto is best-known for its controversial use of genetically-modified organisms, and less well-known for being involved in the story of the defoliant Agent Orange (the company's long and involved story is well told in the book and film "The World According to Monsanto", by Marie-Monique Robin.) Its shadow also looms large over the current TPP talks: the USTR's Chief Agricultural Negotiator is Islam A. Siddiqui, a former lobbyist for Monsanto. But it would seem that the company is starting to explore new fields, so to speak; as Salon reports in a fascinating and important post, Monsanto is going digital: 

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NSA Spying Fallout Hits French Satellite Deal

Techdirt has already noted how the NSA's massive spying programs around the world are costing US companies money through lost business -- and are likely to cost them even more in the future. But it seems that the fallout is even wider, as this story from The Voice of Russia makes clear: 

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Revelations About Massive UK Police Corruption Shows Why We Cannot -- And Must Not -- Trust The Spies

As Mike reported recently, the NSA has presented no credible evidence that its bulk metadata collection is stopping terrorist attacks, or keeping people safe. Instead, the argument in support of the secret activities of the NSA and its friends abroad has become essentially: "Trust us, we really have your best interests at heart." But that raises the question: Can we really do that? New revelations from The Independent newspaper about massive and thorough-going corruption of the UK police and judiciary a decade ago show that we can't: 

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Why Exactly Do We Need To 'Protect' US And EU Foreign Investments Through TAFTA/TTIP Anyway?

Techdirt has already examined the issue of corporate sovereignty many times over the past year, as it has emerged as one of the most problematic areas of both TPP and TAFTA/TTIP. A fine article by Simon Lester of the Cato Institute examines a hidden assumption in these negotiations: that an investor-state dispute settlement (ISDS) mechanism is needed at all. 

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India Developing Additional National Surveillance System; US Has No Moral High Ground To Protest

Like many other countries, India has been steadily extending its national surveillance capabilities. We wrote about its main Central Monitoring System (CMS) back in May last year, with more details in July. In news that shocked no one, we discovered in September that illegal surveillance is already taking place. And now, via The Economic Times, we learn that India has built another, completely independent system for spying on its citizens: 

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Does The Fast Track Authority Bill Guarantee That Corporate Sovereignty Will Be One-Sided And Unfair?

Yesterday, Mike reported on the introduction of the "fast track authority" bill in the Senate, and pointed out some of its most troubling aspects. But it's a long document -- over 100 pages -- and hidden away within it are some other areas that raise important questions. Take, for example, Section 8, which concerns sovereignty: 

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Latest Twist On DRM Of Physical Products: Machines Locked Down By Geolocation

Despite overwhelming evidence that the public hates DRM, companies persist in coming up with new ways to impose it in an effort to control how their products are used. Here's the latest twist, pointed out to us by @dozykraut: 

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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. 

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Harvesting Waste Plastic In Emerging Economies As A Currency, To Reduce Pollution And Improve Lives

The very best solutions not only come up with a brilliant answer to an important problem, but often manage to help address other issues too. Here's one that seems to fit that bill, pointed out to us by Izabella Kaminska. It's called Plastic Bank, and its core idea is to address the growing problem of plastic waste on the land and in the world's oceans and rivers, especially in poorer countries. But along the way, it might achieve much more. Here's the idea: 

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Could 'Tailored Access Operations' Be An Alternative To 'Collect It All'?

One of the most contentious aspects of the NSA's surveillance is the central belief by General Alexander and presumably many others at the agency that it must "collect it all" in order to protect the public. To stand a chance of overturning that policy, those against this dragnet approach need to come up with a realistic alternative. An interesting article by Matt Blaze in the Guardian offers a suggestion in this regard that takes as its starting point the recent leaks in Der Spiegel about the extensive spying capabilities of the NSA's Tailored Access Operations (TAO). As Blaze points out: 

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Huawei's Global Head Of Cyber Security Wants The Government 'To Have As Much Data As Possible'

In Der Spiegel's recent revelations about the far-reaching nature of the NSA's spykit, it mentions several US companies, Samsung from South Korea, and one from China -- Huawei. Like the others, Huawei denied any knowledge of the modifications to its products that Der Spiegel claims are used by the NSA to break into systems. This isn't the first time that the finger has been pointed at Huawei. Some years back, Huawei was accused of facilitating spying for the Chinese government, but after an 18-month investigation, no evidence was found of this. That fact allowed John Suffolk, Global Head of Cyber Security for Huawei and the former UK Government CIO, to enjoy the irony of Snowden's leaks about backdoors in US products: 

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Wireless Mesh Networks, The NSA, And Re-building The Internet

One of the bitter lessons we learned from Snowden's leaks is that the Internet has been compromised by the NSA (with some help from GCHQ) at just about every level, from our personal software and hardware, through ISPs to major online services. That has prompted some in the Internet engineering community to begin thinking about how to put back as much of the lost security as possible. But even if that's feasible, it's clearly going to take many years to make major changes to something as big and complex as the Net. 

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After Muzzling Scientists, Canadian Government Now Moves On To Book Burnings

Techdirt has been tracking the sorry saga of Canada's assault on free speech for a while, as it first muzzled scientists and librarians, and then clamped down on the public expressing its views. Now, it seems, the Canadian government of Stephen Harper is attacking knowledge by dismantling key scientific collections, as this post on The Tyee reports: 

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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: 

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Russian Authorities Threaten To Block CloudFlare And Other Key Infrastructural Sites

This is getting boring. Every time Techdirt writes about Russian Internet blocking, it's along the lines of: "just when we thought it couldn't get any worse, it does." Here's another one. As a post from TorrentFreak explains, Russia's telecoms regulator Roskomnadzor maintains a blacklist of sites that allegedly promote the usual bad stuff -- child pornography, criminal activities, suicide etc. In news that will surprise no one that understands how the Internet works, Roskomnadzor is finding it hard to enforce those blocks on material held on servers located outside Russia: 

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Weird California Incident Last Year Points To The Real Threat To The Power Grid (Hint: It's Not Cyberattacks)

Via Bruce Schneier's blog, we learn of the following intriguing story published in Foreign Policy: 

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After 20 Years, It's Clear NAFTA Has Failed To Deliver Promised Benefits; So Why Trust TPP, TTIP Will Be Better?

Both TPP and TAFTA/TTIP are based on the premise that by boosting trade and investment, general prosperity will increase too. And yet, despite the huge scale of the plans, and their major potential knock-on effects on the lives of billions of people, precious little evidence has been offered to justify that basic assumption. To its credit, the European Commission has at least produced a report (pdf) on the possible gains. But as I've analyzed elsewhere, the most optimistic outcome is only tangentially about increased trade, and requires a harmonization of two fundamentally incompatible regulatory systems through massive deregulation on both sides of the Atlantic. In any case, the much-quoted figures are simply the output of econometric models, which may or may not be valid, and require extrapolation to the rather distant 2027, by which time the world could be a very different place. 

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How To Solve The Piracy Problem: Give Everyone A Basic Income For Doing Nothing

Here on Techdirt we often discuss economics in the absence of scarcity -- how the ability to make any number of digital copies for vanishingly small cost creates new business opportunities for creators. But could a kind of abundance exist in the physical world too? That's the question raised in a fascinating post on Salon about a vote that will take place in Switzerland: 

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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: 

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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: 

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