International Issues
in cra-briefings37 · June 14, 2006
FRENCH SENTATE WATERS DOWN BILL
In our last report we commented on French legislation that would have forced technology producers such as Apple Inc. to reveal the source code behind their technological protection measures to competitors. Apple and others upset by this proposed legislation threatened to pull their services out of France. However, various news services have reported that this legislation has been dramatically altered in the French senate that has removed the language that would have forced the companies to licence their digital rights management tools to others. The Senate has not yet voted on these amendments. Consumer response to the amendments has been swift and negative, as consumer groups argue that their right to use the products they purchase is in jeopardy. For more information on the progress of this legislation see www.theinquirer.net or www.arstechnica.com.
WIPO MEETS ON TRADITIONAL KNOWLEDGE
The Intergovernmental Committee on Traditional Knowledge and Folklore recently met at WIPO to discuss a number of issues impacting indigenous and local committees. (See note above in Alliance Activities) Among the results of the meeting was the development of a nine person advisory committee to administer the Voluntary Fund for Indigenous and Local Communities Fund. This Fund is used to foster the participation of indigenous and local communities in the operations of the Intergovernmental Committee.
To review the working papers of this last meeting of the Intergovernmental Committee please see: www.wipo.int/meetings/en/details.isp?meetings_id=9765.
CHINESE ACTIVISTS CHALLENGE NET SENSORSHIP
Chinese activists have launched a petition challenging the government’s censorship of the Internet. The petition has been signed by hundreds of citizens and 13 local websites that have been targeted, charged and/or shut down by government authorities. The activists argue that the regulations that the government uses as the basis for its censorship run counter to the constitution that grants freedom of expression and publication. Rights activist Chen Yongmiao says the rules of the State Council Information Office on the dissemination of news in particular are far too restrictive. For more information on this petition and the related developments see: www.reuters.com.
THE EUROPEAN COMMISSION RECOMMENDS COMMON SANCTIONS
The European Commission has recommended the adoption of common sanctions throughout the European Union to deal with counterfeiting and the piracy of copyright protected goods. The European Commission is hoping to streamline the penalties in all 25 union countries as those penalties relate to infringement on a commercial scale. The fines that have been suggested range from 100,000€ to $300,000€ or four years in prison. The proposed penalties would also empower the courts to grant a permanent injunction prohibiting the infringing party from engaging in commercial activities. It should be noted, however, that the recommendations do not include anything that would streamline regulations related to personal use. For more information on the development of this legislation see www.reuters.com.
US PREPARES NEW BILLS IMPACTING COPYRIGHT
The United States is preparing several new bills to deal with copyright issues that continue to emerge as different modes of digital use progress. The first bill that has been discussed is the “Perform Act, 2006”. This Act would require satellite, cable and Internet broadcasters to pay for the performance of digital music and take measures to prevent theft. This bill is in response to lobbying from the music industry to equalize the playing field between various media that broadcast music, and to provide a source of compensation for downloads from satellite radio. In the period leading up to the introduction of the bill, Sirius Satelite Radio had already reached a deal with some major label to address payment for downloads, while XM Satellite Radio had not made the same progress. For more information on this bill see www.news.com.com.
Mary Beth Peters of the United States Copyright office has also indicated that the United States is preparing to table another new bill, “The Intellectual Property Protection Act, 2006”. The bill introduces several new ‘crimes’ related to infringement of intellectual property rights including conspiracy to infringe copyright and attempted infringement. The bill is based on the principle that copyright owners are not able to compete with the illegal market place and steps must be taken to protect the legal market.