Sunday, December 30, 2007

French Bloggers Critique ITSSD University of Miami InterAmerican Law Review Article: Brazil's IP Opportunism Threatens U.S. Private Property Rights

A Free Society? WIPO: Civil Recourse to Penal Sanctions

By Clarisse McClellan (pseudonym)

Days ago, one should not read the records of the sessions of WIPO especially that part in the proceedings of the 4th session of the Advisory Committee on Enforcement:

1.3 REASONS TO INFLICT CRIMINAL PENALTIES FOR IMPAIRED INTELLECTUAL PROPERTY RIGHTS 12. Whether to implement them through penalties and remedies why Civilians are insuffisants 13. It can be short, provide the answer 14: "The civil remedies are not effective because criminals are criminals. They do not respect the law and they put in the service of carrying out their activities. Criminal means strategic and tactical designed to evade the system. Justice, both civil and criminal. "

Getting counterfeiting from civil to criminal is more than merely provide tougher penalties is the fact of the forgery to evolve towards a form of delinquency. It seems to me that the desire to counterfeiting at the stage of the crime is proof of protectionism in major publishers or Grandparents' having rights "that are no longer of Civilian Persons but simple structures. This seems to demonstrate the approach to change copyright law publisher.

The situation is difficult but it's even worse when you see in the famous 4th session, the accreditation of the ITSSD…

ITSSD is a kind of structure that do not understand too how the GNU General Public License. Dans leur document Brazil’s IP Opportunism Threatens U.S. In their paper Brazil's IP Opportunism Threatens US Private Property Rights , there is a nice explanation of the GNU General Public License:

According to two legal experts, "the GPL license essentially requires a business model centered around programming and support services to generate profit," rather than one based on the software product itself or on its derivatives.350

Of course, there are companies that sell the software using the GNU General Public License that the media is not the only source of income. Regarding the two experts, who have carried out in 2006, an article called: "The Truths and Myths of Open Source Software." Which makes me really afraid is that the vision of the ITSSD is linked to a model that is not economically viable because he prefers an economic model that centralizes exchanges between several large companies. A dynamic economy needs a lot of exchange, constant innovation and keeping the same economic liberties among participants. I do not see that the approach of free software and open standards that allow it… Could we imagine a thriving economy without using the Internet open standards that have enabled the creation of the Internet?

French translation accessible at:

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