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Exceptions & Limitations in Copyright or Systemic Overhaul?


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Presented at LSE conference on IPR reform and global civil society, 18/11/11

Published in: Technology, Education
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Exceptions & Limitations in Copyright or Systemic Overhaul?

  1. 1. Exceptions & Limitations in Copyright or Systemic Overhaul? Ian Brown, Oxford University
  2. 2. DMCA circumvention definitions <ul><li>to `circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and </li></ul><ul><li>a technological measure `effectively controls access to a work' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. </li></ul>
  3. 3. D rm 15 years later <ul><li>“ Be very glad that your PC is insecure – it means that after you buy it, you can break into it and install whatever software you want. What YOU want, not what Sony or Warner or AOL wants. ” –John Gilmore </li></ul><ul><li>“ If we can find some way to [stop filesharing] without destroying their machines, we'd be interested in hearing about that. If that's the only way, then I'm all for destroying their machines. ” –Senator Orrin Hatch (writer of Our Gracious Lord , Climb Inside His Loving Arms , and How His Glory Shines ) </li></ul><ul><li>“ [MP3 players] are just repositories for stolen music, and they all know it ” –Doug Morris, CEO, Universal </li></ul>
  4. 4. The problems with blocking <ul><li>Ease of masking P2P traffic using encryption </li></ul><ul><li>Ease of site and content transfers and replication </li></ul><ul><li>Sneakernets and WiFi/Bluetooth sharing </li></ul><ul><li>Ease of changing DNS servers, and building alternate directory systems </li></ul><ul><li>Impact on freedom of expression and privacy </li></ul>
  5. 5. We need to talk about copyright <ul><li>… but our venues for doing so are completely dysfunctional (WIPO SCCR, WTO, UNESCO, secret multilateral negotiations, US Congress, European Parliament) </li></ul><ul><li>Regulation focused on an exclusive right of reproduction is not sustainable in the long run – rights of commercialisation might be more effective, and legitimate in eyes of the public </li></ul><ul><li>… but Berne Convention, TRIPS, Internet treaties, ACTA unlikely to change </li></ul>Trish Steel