Presentation on theme: "Aug. 25, 2011AU Global Congress1 CHANGING TECHNOLOGY & PUBLIC INTEREST LEGAL REFORM Pamela Samuelson, Berkeley Law Global Congress on Public Interest in."— Presentation transcript:
Aug. 25, 2011AU Global Congress1 CHANGING TECHNOLOGY & PUBLIC INTEREST LEGAL REFORM Pamela Samuelson, Berkeley Law Global Congress on Public Interest in IP August 25, 2011
Aug. 25, 2011AU Global Congress2 OVERVIEW Advances in technology have been disruptive forces for IP-intensive industries For the most part, these disruptions have beneficial for public interests in IP Yet, there are some countervailing forces What strategies should we employ for legal reform in an age of rapidly changing technology environment?
Aug. 25, 2011AU Global Congress7 PUBLIC INTEREST VICTORIES WCT did not adopt “worst” of the WP proposals Alliances formed of ISPs, telcos, Internet companies, educators, research institutions, developing country representatives WCT endorsed new exceptions & limitations in digital networked environments DMCA could have been a lot worse –Safe harbors, no duty to police, no duty to read TPMs –Anti-circumvention exceptions, triennial rule-making provides opportunity to make records, consensus emerging that some privileged uses OK despite TPM
Aug. 25, 2011AU Global Congress8 PUBLIC INTEREST VICTORIES Article 2B/UCITA seemed inevitable –Enforce mass market restrictions involving licensed information, expected to pass in all states, int’l norm –But anti-UCITA forces mobilized successfully vs it EU-style database legislation –Proposed treaty in 1996 –US initially positive about it –Became highly controversial at WIPO, dropped quickly from agenda –US firms mobilized vs. it; off the agenda Broadcast treaty (so far) has failed to move forward
Aug. 25, 2011AU Global Congress10 BENEFICIAL DEVELOPMENTS Proliferation of relatively cheap technologies has allowed user-generated content, such as remixes & mashups, which have helped to expand fair use, widen range of tolerated uses –Tip of the hat to Peter Jaszi for best practices guidelines Web 2.0 phenomenon more generally has engaged millions of people as creators of content, sharing norms Groups are able to use social networking technologies to organize, spread the word about positive or negative developments Colleges & universities, among others, are making huge amounts of curated content available, usually on open access basis Internet Archive (e.g., 9/11 searchable TV archives)
Aug. 25, 2011AU Global Congress11 MORE DEVELOPMENTS Google Book Search –More information from books is available now than ever before –UM, UC working toward making orphan works available, allowing nonconsumptive research –Has galvanized others to emulate (e.g., Europeana) Many innovative technologies being developed, deployed in marketplace (e.g., iPhone apps) Some limits on patentable subject matter –Genetic material, software, non-technological SMs Some patent reforms will make challenges easier
Aug. 25, 2011AU Global Congress13 REFORM STRATEGIES? Pushing for transparency in international negotiations such as ACTA and TPP Pushing for WIPO Development Agenda Building on positive developments at the national level –Sharing information about successful developments in one place, helping to spread good ideas –Using technology to facilitate this kind of exchange Enlisting technology firms as allies
Aug. 25, 2011AU Global Congress17 MORE ON MODES OF REFORM Best practices guidelines –Efforts to reach consensus with high protectionist rights holders is likely to be an exercise in futility –But if done carefully, with consultation within a community of creative re-users (e.g., documentary filmmakers) or public interest users (e.g., libraries), these can help a lot –Proactive way to bring balance to IP practices –May eventually help to inform better legislation (e.g., on orphan works)
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