[Chapter-delegates] IP costs must be reasonable for all

Mon Mar 18 06:16:48 PDT 2013

Dear All,

We should think not only from the perspective of the big companies that own
IP rights but also from the point of view of the individual authors or small
companies that produce content and should be paid for their contribution to
the culture and innovation. 

Best Regards,

Hector

Héctor Ariel Manoff

Vitale, Manoff & Feilbogen

Viamonte 1145 10º Piso

C1053ABW Buenos Aires

República Argentina

Te: (54-11) 4371-6100

Fax: (54-11) 4371-6365

E-mail:  <mailto:amanoff at vmf.com.ar> amanoff at vmf.com.ar

Web:  <http://www.vmf.com.ar> http://www.vmf.com.ar

De: chapter-delegates-bounces at elists.isoc.org
[mailto:chapter-delegates-bounces at elists.isoc.org] En nombre de Ken Krechmer
Enviado el: viernes, 15 de marzo de 2013 18:38
Para: Dave Burstein
CC: Chapter Delegates
Asunto: Re: [Chapter-delegates] IP costs must be reasonable for all

Dear All,

Fair and reasonable are concepts that exist in the "eye of the beholder."
However, when legal contracts that define royalty terms are not made public
there is no beholder.  Therefore, I suggest, any royalty contract that is
not available to the public is, by definition, not fair and not reasonable.
This small, but significant change, could do much to make fair and
reasonable, more fair and perhaps reasonable.

Ken Krechmer
SFBayISOC

Dave Burstein wrote: 

Folks 

Konstantinos asked for comments on ISOC IP policy. ISOC is committed to
Internet for All and development. We were deeply involved with WCIT. 

   So I think we should take a strong stand that all charges for
"Intellectual Property" rights be fair, reasonable and non-discriminatory
for all. "FRAND" and "RAND" rules are included in all standards but rarely
enforced. In practice, fees demanded are often so high they make the
Internet and education too expensive for some. 

   In particular, patent fees for mobile and LTE are so high they raise the
cost of Internet deployment. Mobile phones now as cheap as $25 have had an
enormous impact on deployment in Africa. As smartphone prices come down,
there will be more Internet users in Africa than in the United States.
That's an important trend. 

   High IP costs can slow down that deployment in a serious way. $25
demanded for IP on a $650 iPhone is not a huge burden. $25 required on a
smartphone that can soon be manufactured for $50 raises the cost by a third.

   So I think ISOC should strongly support "reasonable" royalties defined in
the context of the cost of equipment/systems for less developed countries
and the poor. 

   That's a fight worth taking on. 

db

On Fri, Mar 8, 2013 at 9:40 AM, Konstantinos Komaitis <komaitis at isoc.org>
wrote:

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 <tel:%2B41%2022%20807%201453> 

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