WTO’s China Piracy Ruling: All Bark And No Bite

27 01 2009

Washington claimed a tactical victory in its intellectual property case against China, but it is losing the war.

By Tina Wang
Forbes

In its efforts to get China to curb piracy, the United States claims that it now has the World Trade Organization on its side. But the proclamation of victory is empty or premature, or both.

The Office of the U.S. Trade Representative said Monday that the WTO had ruled in its favor, judging that in certain respects, China’s policing of pirated goods constitutes a breach of its treaty obligations. But the WTO actually demurred on the segment of the U.S. complaint that contained the most bite: that China does not provide enough criminal sanction against counterfeiters.

Read the rest:
http://www.forbes.com/2009/01/27/china-wto-pira
cy-markets-equity-0127_markets2.html?feed=r
ss_markets

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Canadian DMCA Still in Play

26 01 2009

Today’s Speech from the Throne didn’t contain a direct reference to “copyright reform”. However, it did state that “our government will also attend to the other important priorities that it set out in the speech from the throne to open the 40th Parliament.” That previous speech did, in fact, include DMCA-like “copyright reform” as a priority item.

more

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Swedish police want personal info of P2P users

22 01 2009

Swedish law enforcement would like to be able to get personal information on P2P users who are suspected of lesser copyright crimes, and plan to send a report to the Ministry of Justice in support of a new file sharing bill.

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Chinese province bans posting personal data of officials

20 01 2009

Chinese citizens in the city of Xuzhou can no longer post “personal information” about public officials online after a controversy over one of the province’s own public officials spread from the Internet to the real world.

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Dutch government study: net effect of P2P use is positive

20 01 2009

A 150-page report looks at the ins and outs of paid and unpaid downloads in the Netherlands and concludes that the societal and economic effects of file sharing are positive.

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Taiwan: IP laws have an effect

18 01 2009

Last week, the United States removed Taiwan from its list of countries that fail to protect international intellectual property rights.Taiwan has long been a haven for pirates and others who copy the IP of other countries for sale in other countries.

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Cautionary Tale of Website Co-Ownership–Mikhlyn v. Bove

15 01 2009

In my Co-Blogging Law article, I discussed the potentially ugly legal consequences of “blog divorces” when co-bloggers fall out of love with each other and start fighting. I wrote:

Whether a limited liability entity or a private agreement is the better choice depends on the bloggers’ specific circumstances and goals. However, either choice is preferable to co-bloggers doing nothing proactive to override the default rules.

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http://blog.ericgoldman.org/archives/2009/01/cautionary_tale.htm
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Mashups not so easy for copyright law

15 01 2009

I’m posting an article from ZDnet that was called to my attention by prolific tweeter and social change arts thinker Lina Srivastava.  Check out her site when you have a chance.

The point is that copyright law was written for a pre-Internet age; and there are serious questions about how restrictive we want any updates to be.  Heck, in the NYTimes Magazine last week Steven Pinker (Harvard College professor of psychology at Harvard University and the author of “The Stuff of Thought: Language as a Window Into Human Nature”)  said information wants to be free.  It’s a whole new world, and we have to find a balance between intellectual property protection, particpatory culture and the public domain (a commons!).

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http://bradlichtenstein.wordpress.com/2009/01/15/mashups-not-so-easy-for-copyright-law/
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A DMCA for India

6 01 2009

In this post, I said that the Indian version of the DMCA was in the works. That view was based on this document (pdf) hosted by the HRD Ministry’s copyright website – the document lists out the various amendments that are proposed to be made to the Copyright Act of 1957 (pdf) and has remained unchanged for just over two years now. Two new subsections are going to be inserted under section 65, and they are as follows-

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Norwegian podcast puts entire Beatles catalog online—legally

5 01 2009

This may be a case of unintended consequences. The NRK, Norway’s national broadcasting service has scored permission from the country’s music rights holders to release podcasts of any programs that it’s done that are less than 70 percent music. A notable component of the NRK’s collection is a series of broadcasts that includes the entire Beatles catalog.

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http://arstechnica.com/news.ars/post/20090105-norwegian-podcast-puts-entire-beatles-catalog-onlinelegally.html
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