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WIPO broadcasting / webcasting treaty: Draft text published

As Thiru reports, WIPO has published a draft text for the proposed broadcast treaty. This treaty, if adopted, is going to establish a new layer of monopoly powers. Working somewhat like copyright, these monopoly powers would be given to a broadcasting institution merely for broadcasting something.

Weirdly, there is the idea of a "webcasting right": A monopoly that would be given to someone for spreading content on the web.  

Richard Stallman has aptly described (.pdf, see p. 6) these powers as "skunk odor powers":

So what kind of power is it?  I think it is like the power of skunk odor: it sticks 
to whatever it touches, and once it's on you, you practically can't get it off.  So
how about "skunk odor power"?

Well, what would this power look like? Would I be given a sort of copyright on Richard's quote above, just for redistributing it here? As I said: Weird. 

Though this "webcasting right" is only a voluntary opt-in, its adoption by a few major players (EU, US, Japan) would in practice make it mandatory for everyone. 

Now Thiru tells me that WIPO has published two texts: One "Draft Basic Proposal" and one "Working Paper". The first one is the "Winners" paper, where the things go that the WIPO Secretariat wants in the treaty. The second is the "graveyard" paper, where all the ideas go that don't suit the Secretariat (or those most effectively lobbying them).

There seems to be little logic behind the decision about which idea was put into which paper - unless one would assume that anything the US wants goes in. Proposals by Brazil and Chile, concerning the protection of competition and the public domain, didn't make the winners paper.

IP Watch on horrors of German copyright law

The usually excellent IP Watch is running a story on the effects of the proposed new German copyright law. The article centers on the chilling effects the draft law would have on research.

One researcher's scenario: 

 “I will not be able to just use our highly sophisticated university
network to read that publication,” said Rainer Kuhlen, professor of
information science at the University of Constance and member of the
German UNESCO Commission [UN Educational, Scientific and Cultural
Organization]. “Instead, if the draft German copyright law is enacted,
I have to leave my office, drive there and do it on the spot, possibly
only to see that I even cannot print out a copy.”

A publisher rep responds: 

“Publishers shouldn’t be expropriated for the sole benefit of public
research,” says Pascal Oberndoerfer, lawyer at the Institute of
Copyright and Media Law in Munich. “But there is a legitimate interest
of researchers to use a book they bought via their intranet.”

<rant> Publishers spreading idiotic talk of "expropriation" should indeed be expropriated and left to stare at the empty walls of a white room in a straightjacket until they have regained their senses far enough to accept the fact that people reading books are not their enemies, but their customers.</rant>


Unfortunately, I take it that the current draft is pretty final. Since Germany has no opposition to speak of at the moment, I'm not counting on too many changes. So we will get an impractical law, with the consequence that people will get used to breaking it.  


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