[Chapter-delegates] Ideas requested on IP issues paper

Sun Mar 17 13:32:30 PDT 2013

Konstantinos,

regarding the ISOC request for ideas on an Intellectual Property issues paper let me add a broad point of view: 

We need to particulary, emphatically look at non-zero-sum games in intellectual property. The present world of Intellectual Property management is mostly predicated in a zero-sum fashion: what the authors gain (in control and money, for example) is someone else's loss (free access to their works), and some more complex schemes. Conversely, if someone makes knowledge available, the community's gain becomes someone's loss (the publisher or the author stop collecting royalties etc.) 

The future needs for us to invent and promote schemes which allow simultaneously for authors, inventors, music players, film-makers, etc. to earn a living and society to be able to enrich itself, reciprocally and collaoboratively, with these works.

Incipient schemes that already exist in this orientation are like Creative Commons, Open Access, etc. The Internet Society and its members should be pushing as much as possible to make these schemes legally accepted, widely diffused and used, and also used as a basis to get even more knowledge and its impact out to serve society globally. 

Several members of ISOC Mexico are engaged in producing a detailed reply to your query on ideas for an ISOC paper on Intellectual Property. We expect to come back with a more nuanced position. I hope the above serves to feed the fundamentals of ISOC's position.

Yours,

Alejandro Pisanty

- - - - - - - - - - - - - - - - - - - - - - - - - - -
     Dr. Alejandro Pisanty
Facultad de Química UNAM
Av. Universidad 3000, 04510 Mexico DF Mexico

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________________________________________
Desde: chapter-delegates-bounces at elists.isoc.org [chapter-delegates-bounces at elists.isoc.org] en nombre de Konstantinos Komaitis [komaitis at isoc.org]
Enviado el: viernes, 08 de marzo de 2013 08:40
Hasta: Chapter Delegates
Asunto: [Chapter-delegates] Ideas requested on IP issues paper

Dear Colleagues,

As you may be aware, discussions on digital content have been going on for many years now and the Internet Society has been quite active in addressing some of the various intellectual property issues, specifically in relation to legislation like ACTA, SOPA and PIPA. The public policy team, having heard from many of you on this topic believes the time is opportune to submit a coordinated view on the issue of intellectual property via an issues paper.  The good news is that we have much material to draw upon - found here:http://www.internetsociety.org/our-work-intellectual-property

The issues paper seeks to put forth minimum propositions relating to the discussions on intellectual property:

o   Intellectual Property is part of Internet Governance: All discussions about intellectual property in the Internet should be conducted under a multistakeholder framework.
o   Intellectual Property and Transparency: the need for transparency is reflected both in the Geneva Principles as well as in the Open Government Paradigm. The Internet Society believes that this need should further be reflected in agreements like the Anti-Counterfeiting Trade Agreement (ACTA), the Trans-Pacific Partnership Agreement (TPP) and the Canada-Europe Comprehensive Agreement (CETA).
o   Intellectual Property and the Rule of Law: Intellectual property should be based on principles such as due process, equality of rights, fairness, transparency, the right to be heard and legal certainty.
o   Intellectual Property and Internet Architecture: The Internet Society has long recognized that the infringement of intellectual property rights is a critical issue that needs to be addressed, but, at the same time, it must be addressed in ways that do not undermine the global architecture of the Internet or curtail internationally recognized rights.
o   Innovation without permission: All intellectual property laws and policies should bear in mind the Modern Paradigm for Standards Development, shaped by adherence to the following principles: cooperation; adherence to principles including due process, consensus, transparency, balance and openness; collective empowerment; availability; and voluntary adoption.

Based on these observations, the Internet Society would like to propose a set of standards which we believe should guide all policies on intellectual property. At its most basic level, the Internet Society believes that all issues pertaining to the way intellectual property rights are expressed in the Internet space can be addressed systematically only through an inclusive and open framework, as we believe that it is currently the only sustainable governance model for policy issues relating to the Internet and its platforms.

I would appreciate your comments on the above points. We would also welcome information on whether and how Intellectual Property policy and/or law making is being considered or implemented in your country. Please send your feedback by Monday, 18 March 2013.

Many thanks

Konstantinos

Konstantinos Komaitis
Policy Advisor,
Internet Society
komaitis at isoc.org
tel: +41 22 807 1453

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