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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.

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Copyfight

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March 24, 2005

Clam up! Or not...

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Posted by Alan Wexelblat

(Anyone who doesn't get the title pun should go read Operation Clambake.)

In an update to a story I hadn't realized was still ongoing, XS4All News is reporting that Dutch Attorney-General Verkade has just delivered an opinion in the Spaink case to their Supreme Court. The AG's position seems to be that copyright does not (or ought not) trump free speech and freedom of information.

The case is convoluted and involves questions of what constitutes "publication" - in this case an apparently accidental event, what can be protected as trade secrets (shades of Apple v Does maybe?), and a number of other issues.

Spaink appears to be on good grounds but a final ruling is not due until July.

Comments (2) + TrackBacks (0) | Category: Speech


COMMENTS

1. Maarten on March 24, 2005 1:25 PM writes...

CoCo published an extensive analysis of the case some days ago, and indeed sees an echo of Apple v. Does, quoting this from Verkade:

To my opinion it does not need argumentation that the position of information providers on the internet is in many aspects comparable to that of the press. The press has its classically defined, but in the 20th century further evaluated and expanded contours. The 'press' is not a closed concept. The internet has given a further expansion to the possibilities for individuals and organisations to play a role (...) that was was factually limited to restricted groups before the internet era. (p. 44)

Permalink to Comment

2. Branko Collin on March 24, 2005 5:00 PM writes...

I too recommend the CoCo analysis.

What may not be apparent at first sight is that at its heart, this is a copyright case.

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