The “Data Producer’s Right”: Unwelcome Guest in the House of IP

 Posted by on August 26, 2017  Comments Off on The “Data Producer’s Right”: Unwelcome Guest in the House of IP
Aug 262017
 

[Bernt Hugenholtz, reposted from Kluwer Copyright Blog, Link] With the growth of the ‘data-driven economy’and the rise of ‘Big Data’ have come calls for the introduction of a novel property right in data. Apparently in response to demands from the German automotive industry, the European Commission has in its 2017 Communication on ‘Building a European data economy’ advanced the idea of creating a ‘data producer’s right’ that would protect industrial data against the world.

As explained in the Staff Working Paper that accompanies the Communication, this new right would create a transferable property right in “non-personal or anonymised machine-generated data”. It would encompass “the exclusive right to utilise certain data, including the right to licence its usage. This would include a set of rights enforceable against any party independent of contractual relations thus preventing further use of data by third parties who have no right to use the data, including the right to claim damages for unauthorised access to and use of data.” Continue reading »

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Court Orders Aussie ISPs to Block Dozens of Pirate Sites

 Posted by on August 18, 2017  Comments Off on Court Orders Aussie ISPs to Block Dozens of Pirate Sites
Aug 182017
 

[Ernesto for TorrentFreak. Link (CC-BY-NC)] Following two new court orders issued today, Australian Internet providers must block dozens of additional pirate sites. The new blockades were requested by Foxtel and Village Roadshow, and cover many of the most used pirate sources, including Gomovies, RARBG, 1337x and EZTV. Creative Content Australia warns that people who bypass the blocks could easily run into malware, viruses and other nastiness.

Rather than taking site operators to court, copyright holders increasingly demand that Internet providers should block access to ‘pirate’ domains.

As a result, courts all around the world have ordered ISPs to block subscriber access to various pirate sites. Continue reading »

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Draft Intellectual Property Policy of the Republic of South Africa

 Posted by on August 13, 2017  Comments Off on Draft Intellectual Property Policy of the Republic of South Africa
Aug 132017
 

South Africa’s Department of Trade and Industry has released Draft Intellectual Property Policy (Phase I). The full document is here (PDF). The introduction, which summarizes the policy’s goals and proposed reforms, is below.

The National Development Plan (NDP) of South Africa calls for a greater emphasis on innovation, improved productivity, an intensive pursuit of a knowledge economy and the better exploitation of comparative and competitive advantages. Intellectual Property (IP) is an important policy instrument in promoting innovation, technology transfer, research and development (R&D), creative expression, consumer protection, industrial development and more broadly, economic growth. Continue reading »

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Aug 042017
 

[Electronic Information for Libraries, Link (CC-BY)] Leading library organizations, EIFL, AfLIA (African Library and Information Associations and Institutions) and IFLA (International Federation of Library Associations and Institutions), call on Malawi to embrace the spirit of the Marrakesh Treaty by dropping a legal requirement to check if a work is commercially available before an accessible format copy can be made.

An analysis by EIFL of Malawi’s copyright law, adopted in September 2016, shows that while the new law permits a range of library activities and services, complex conditions limit in practice what libraries in Malawi are permitted to do. Continue reading »

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Italian ISPs Say new Copyright Amendment Infringes Human Rights

 Posted by on July 28, 2017  Comments Off on Italian ISPs Say new Copyright Amendment Infringes Human Rights
Jul 282017
 

[Andy, TorrentFreak, Link (CC-BY-NC)] A copyright amendment approved by the Italian authorities breaches the EU convention on human rights, an ISP organization has warned. The law allows the Italian Communications Regulatory Authority to issue “take down, stay down” instructions to websites listing allegedly infringing content but without intervention from the judiciary.

After being spoken of in unfavorable terms by the United States Trade Representative in its Special 301 Reports, Italy achieved a sudden breakthrough in 2014. Continue reading »

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Should Copyright Law Deny Creators the right to Share Freely? Let the Authors Choose.

 Posted by on July 20, 2017  Comments Off on Should Copyright Law Deny Creators the right to Share Freely? Let the Authors Choose.
Jul 202017
 

Imposing a mandatory and unwaivable compensation scheme violates the letter and spirit of open licensing.

[Timothy Vollmer, Creative Commons, Link (CC-BY)] Copyright policymakers in Europe and South America have proposed legislation that would impose an unwaivable right to financial remuneration for authors and performers on copyrighted works. The laws attempt to ensure that creators receive payment for their work, but they would interfere with the operation of Creative Commons licensing by adding a special and separate economic right above and beyond the intention of some authors who wish to share their creative works with the world for free. Continue reading »

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Course Packs for Education Ruled Legal in India

 Posted by on July 12, 2017  Comments Off on Course Packs for Education Ruled Legal in India
Jul 122017
 

Anubha Sinha, CIS-India
Reposted from EIFL,org, Link (CC-BY)

On 9 May 2017, a five year court battle between publishers and universities finally came to an end when the Supreme Court of India dismissed an appeal by the Indian Reprographic Rights Organization (IRRO) challenging an earlier judgment of Delhi High Court that ruled course packs in India legal for educational purposes.

In a case that gained wide international attention, issues such as the cost of textbooks in India were raised, students agitated for fair access to educational materials, and the jurisprudence on copyright in India has taken a leap forward. In this guest blog, Anubha Sinha, Programme Officer on Openness and Access to Knowledge at the Centre for Internet and Society India, discusses the judgment in the case known as the ‘Delhi University photocopy’ case, and what it means for access to educational materials in India. Continue reading »

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Jul 122017
 

[Mark Schweizer for IP Kat, Link (CC-BY)] According to its media release of 11 July 2017, the German Federal Court of Justice confirmed the decision of the Federal Patent Court granting Merck a compulsory license to EP 1 422 218 owned by Shionogi. This allows Merck the continued distribution of its antiretroviral drug Isentress, an approved medication for treatment of HIV-patients, on the German market.

The case is highly unusual not only because compulsory licenses are exceptionally rarely granted under German law, but also because the license was granted in preliminary proceedings, which is a first. Continue reading »

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New Report: Weakened Intermediary Liability Protections Will Cost 4.25 Million Jobs & Nearly Half A Trillion Dollars In Next Decade

 Posted by on July 6, 2017  Comments Off on New Report: Weakened Intermediary Liability Protections Will Cost 4.25 Million Jobs & Nearly Half A Trillion Dollars In Next Decade
Jul 062017
 

Internet Association Press Release, June 29, 2017. Link (CC-BY-NC-SA)

Today, Internet Association released a new analysis that found reducing intermediary liability safe harbor protections would cost the U.S. 4.25 million jobs and reduce GDP by nearly half a trillion dollars over the next decade. Conducted by NERA Economic Consulting, the report represents the first quantitative measure of the value of safe harbor laws that protect internet platforms from being liable for wrongdoing by others. Continue reading »

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Jun 292017
 

[Reposted from MichaelGeist.ca, Link (CC-BY)] The Supreme Court of Canada released its much-anticipated Google v. Equustek decision today, upholding the validity of an injunction requiring Google to remove search results on an international basis.  The 7-2 decision (Justices Côté and Rowe dissented, finding that there were alternatives available, the order is ineffective, and expressing concern that the “temporary” injunction was effectively permanent) is not a surprise – last week’s Facebook’s decision suggested a willingness to side with the weaker Canadian litigant against Internet giants – but the decision will ultimately grant Google more power, not less. Continue reading »

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Jun 222017
 

Tomasz Kasprzak, Olga Jurkowska, Alek Tarkowski and Anna Buchner
Communia Association (CC-0) |  Full Report (PDF)

EXECUTIVE SUMMARY:  We asked thirty teachers from five European countries about copyright in schools. Our respondents included teachers implementing education innovations and actively using new technologies. These are our study’s key findings:

The best way for teachers to gain familiarity with copyright is to become creators of educational materials. Such creators have two options: either use copyright to protect their work or share it using a Creative Commons license. Continue reading »

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Jun 212017
 

(CC-BY-NC-ND) – Rakka

Today’s New York Times features a story on a leaked draft outline the Trump Administration’s upcoming Executive Order on drug pricing. According to the Times, “the document directs the United States trade representative to conduct a study of price differences between the United States and other countries, and to review trade agreements that may need to be revised ‘to promote greater intellectual property protection and competition in the global market’.”

It as many others have already pointed out (KEI, Public Citizen, UEAM), this will do nothing to reduce drug prices in the United States. Continue reading »

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