Digital Rights + Internet Governance + Innovation Policy

Scooby Doo and Mystery Crew Take on ICANN to Defend Noncommercial Users

Longtime ICANN participant Harold Feld's amusing tale of Scooby Doo and the Mystery Crew go to ICANN. "...recycling the same tired plot line of ICANN staff and Business & IP constituencies trying to limit the ability of the Non-commercial User Constituency (NCUC) to “cause trouble” — especially those meddling civil society do-gooders Milton Mueller and Robin Gross. Season after season, we get to see the same accusations that NCUC is “divisive,” or “not representative” or other code words for “Goddam it! Get those $#@! civil society groups out of our club house!!!!”...."

IP Justice Comments on ICANN Proposal to Expand Trademarks Rights in Domain Names

IP Justice submitted comments today in opposition to the proposals contained in the "IRT Report" a proposal from ICANN's Intellectual Property Constituency to create new trademark rights to domain names that do not exist in law. ICANN's Noncommercial Users Constituency (NCUC) also filed comments with ICANN discussing thesubstantive problems with the proposal and also the procedural concerns, which led to the creation of a one-sided report....

Associated Press Erroneously Claims Copyright Infringement on Obama’s Image in Campaign Poster

Poster-Child Case for Fair Use or Illegal Art? The Associated Press is claiming that it is the copyright owner of a photograph of President Obama that was used by an Obama supporter to create to poster for the political campaign and the now-famous poster is a copyright infringement of its photo. However this case could be considered the "poster-child" case for fair use. It is unfortunate that the AP is trying to turn political expression into illegal art. But these facts would be a good opportunity to set some positive legal precedent protecting fair use of political expression should the AP pursue this matter in the courts. ..."

AP Alleges Copyright Infringement of Obama Image (Associated Press)

"Robin Gross, an intellectual property attorney who heads IP Justice, an international civil liberties organization, believes that Fairey had the right to use the photo, saying that he intended it for a political cause, not commercial use. "Fairey's purpose of the use for the photo was political or civic, and this will certainly count in favor of the poster being a fair use," said Gross, based in San Francisco. "Nor will the poster diminish the value of the photo, if anything, it has increased the original photo's value beyond measure, another factor counting heavily in favor of fair use."...

Canada’s Official Statement on Dec. 2008 ACTA Negotiations

The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations. Participants reaffirmed their commitments to negotiate an agreement to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, by increasing international cooperation, strengthening the framework of practices that contribute to effective enforcement, and strengthening relevant IPR enforcement measures themselves. This meeting was the fourth in a series of negotiations to discuss proposals concerning different aspects of the proposed agreement. The discussion focused on international cooperation, enforcement practices and institutional issues. Participants also continued previous discussions on criminal enforcement of IPR. They also shared information on approaches to fighting IPR infringements on the Internet. Participants made steady progress in these discussions. Participants shared the results of consultations that had been held with their respective stakeholders and noted the interests expressed by stakeholders in receiving more information. Participants agreed on the importance of transparency and on holding further discussions on sharing additional information with the public.

USTR Statement on Dec. 2008 ACTA Negotiations in Paris

The meeting was opened by French Trade Minister, Mrs. Anne-Marie Idrac, who reaffirmed the strong commitment of the EU in favour of intellectual property rights (IPR), against counterfeiting and piracy, and called for constructive and ambitious negotiations. Participants reaffirmed their commitments to negotiate an agreement to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, ...

Open Letter to World Customs Organization Concerning Increased Enforcement of Intellectual Property Rights

We the undersigned public interest groups and individuals are writing to raise our concerns about recent developments in the World Customs Organisation, in particular the setting of intellectual property enforcement standards that go beyond the TRIPS agreement (TRIPS plus) in the SECURE Working Group, the lack of dialogue with, and involvement of public interest organisations in the standard setting process and the lack of transparency surrounding the Working Group’s work. The Expansive IP enforcement standards being pushed hurriedly in the SECURE Working Group are of deep concern. It is well known that the recent push for strong TRIPS plus enforcement standards comes from developed countries and their commercial entities, and they are seeking international organizations to set such standards on their behalf. Noting the recent developments at the WCO, it appears that WCO is targeted as one such organisation. ...

Coalition of Technology Companies and Digital Rights Groups Comment on ACTA to USTR

Joint Statement on ACTA from American Association of Law Libraries, American Library Association, Association of Research Libraries, Center for Democracy & Technology Computer & Communications Industry Association, Consumer Electronics Association Digital Future Coalition, Entertainment Consumers Association, Home Recording Rights Coalition, Information Technology Association of America, Intel Corporation, Internet Commerce Coalition, IP Justice, Knowledge Ecology International, Medical Library Association NetCoalition, Public Knowledge, Special Libraries Association, US Internet Industry Association, Verizon, Yahoo! Inc.

Google Comments to USTR on Anti-Counterfeiting Trade Agreement (ACTA)

Comments Submitted by Google Inc. Regarding the Anti-Counterfeiting Trade Agreement in Response to USTR Public Notice of September 5, 2008 (73 FR 51860) September 17, 2008 Google Inc. appreciates the opportunity to comment on the pending negotiations for the proposed Anti-Counterfeiting Trade Agreement (ACTA). We have three areas of concern: (1) the scope of the [...]

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