Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« Induce Boosters Send Email to Grammy Members | Main | The Induce Act - the View From Across the Pond »

September 22, 2004

WIPO 2.0: A Declaration for the Future of IP

Email This Entry

Posted by

There's a battle going on at the World Intellectual Property Organization (WIPO) -- one that could accurately be described as a struggle for the soul of the organization. The central question is whether WIPO will coninue to promote the protection of intellectual property for its own sake -- IP "uber alles" -- or, as a number of developing countries and others are advocating, pursue a range of initiatives that reflect such notions as "balance," "innovation," or "access." What's at stake is much more significant than the harmony or disharmony of IP regulations. As James Boyle points out in his Manifesto on WIPO and the Future of Intellectual Property, WIPO decisions affect everything from the availability and price of AIDS drugs, to the patterns of international development, to the communications architecture of the Internet.

Jamie Love of the Consumer Project on Technology (CPTech) has been working at the front lines of this battle for many years, and today he forwarded a document proposing that WIPO formally adopt a "development agenda" and other reforms to unlock the organization's considerable power to help humanity. The document, called the Geneva Declaration on the Future of the World Intellectual Property Organization, lists a number of problems that a new direction for WIPO could address:


  • Without access to essential medicines, millions suffer and die;
  • Morally repugnant inequality of access to education, knowledge and
    technology undermines development and social cohesion;
  • Anticompetitive practices in the knowledge economy impose enormous
    costs on consumers and retard innovation;
  • Authors, artists and inventors face mounting barriers to follow-on innovation;
  • Concentrated ownership and control of knowledge, technology, biological resources, and culture harm development, diversity, and
    democratic institutions;
  • Technological measures designed to enforce intellectual property rights in digital environments threaten core exceptions in copyright laws for disabled persons, libraries, educators, authors, and consumers, and undermine privacy and freedom;
  • Key mechanisms to compensate and support creative individuals and communities are unfair to both creative persons and consumers;
  • Private interests misappropriate social and public goods, and lock up
    the public domain.

So what's the antidote? According to the declaration, the key is recognizing the opportunities implicit in the "astoundingly promising innovations in information, medical and other essential technologies, as well as in social movements and business models" and resolving to act upon them:

Humanity stands at a crossroads -- a fork in our moral code and a test of our ability to adapt and grow. Will we evaluate, learn and profit from the best of these new ideas and opportunities, or will we respond to the most unimaginative pleas to suppress all of this in favor of intellectually weak, ideologically rigid, and sometimes brutally unfair and inefficient policies?

[...]

The proposal for a development agenda has created the first real opportunity to debate the future of WIPO. It is not only an agenda for developing countries. It is an agenda for everyone, North and South. It must move forward. All nations and people must join and expand the debate on the future of WIPO.

[...]

Delegations representing the WIPO member states and the WIPO Secretariat have been asked to choose a future. We want a change of direction, new priorities, and better outcomes for humanity. We cannot wait for another generation. It is time to seize the moment and move forward.


Absolutely.

Love and other supporters are seeking additional signatures. If you're interested in signing, send an email to CPTech and the good folks there will guide you through the process.

Comments (1) + TrackBacks (0) | Category: Laws and Regulations


COMMENTS

1. Maria Tseng on September 29, 2004 7:19 PM writes...

I laud Ms. Wentworth for highlighting this very important topic, and agree with her that the ‘maximalist’ rights trend is destructive. But she took a Left turn by supporting CPTech’s and the “Declaration’s” demand that additional issues be addressed. Demands are hardly an ‘antidote.’ How about in addition to encouraging WIPO to work on issues for the social good, we put effort into mobilizing all IP-interested folks to invent BETTER CONSTRUCTS FOR IP RIGHTS such as IP pools and exchanges, open source licenses, ‘in-kind’ licenses and royalties, R&D credits, grant-backs, a tax to fund education and research grants, incentives for creative pricing models (instead of larger ‘protected classes’)…? These are not new ideas.

By the way, just become an entity holds ‘maximalist’ rights doesn’t inexorably lead to their maximum assertion. Many drug companies donate drugs and many technology companies grant ‘paid-up’ licenses. Stanford University’s licensing philosophy is to help the technology be implemented, not to make the most money. I would think that many university licensing offices follow the same guiding principle. When I was at Cisco, a very large for-profit enterprises indeed, we’ve granted no-fee licenses and sub-licensed our rights to pools of qualified members for co-development, not only sales and distribution.

Hum, my research in order to respond to Ms. Wentworth’s post tells me I don’t know enough about WIPO and where creative IP rights constructs come from, and how they become ratified. Thanks for simulating learning.

Permalink to Comment


EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
Music Business for 21st Century Independent Artists
Net Neutrality? Still Could Be Kept
Hey, Look, E-Books Still Suck
Makers, Fan Art, Making it Pay
IP Analogy to Physical Property (in Architecture)
That Sound You Hear is the Anti-Neutrality Dam Breaking
Having (Mostly) Failed with Authors, Amazon Makes a Pitch for the Readers
And No Kill Switches, Either