6. Current research funding cycle does not maximize
dissemination, economic efficiency, social impact
Government
RFPs
announced,
research grants
awarded
Scientific
research
conducted and
papers written
Articles
submitted to
journals and
peer review
occurs
Acceptance in
journals; authors
transfer
copyright to
publishers
Articles
published in
mainly closed
access journals
Libraries subscribe
or public pays per
article fee to view on
publisher's website
Public granted
little or no reuse
rights beyond
access to read
articles
Slow scientific
progress, poor
return on public
investment
(By Green, C. 2013, used under CC/excerpt from original)
7. Optimized research funding cycle maximizes
public access, economic efficiency, social impact
Government RFPs
announced, open
license
requirements
included, research
grants awarded
Scientific
research
conducted and
papers written
Acceptance in
journals; public
access policy
ensures deposit
in open
repository
Articles
published in
traditional
journals under
embargo
Public can
download
articles from
open access
repository
Public granted full
reuse rights under
open licenses
Accelerated
scientific
progress, optimal
return on public
investment
Articles
submitted to
journals and
peer review
occurs
(By Green, C. 2013, used under CC/excerpt from original)
10. “Public Spending in Latin
America: Does It Fulfill the
Declaration of Paris’
Suggestions for Open
Educational Resources?
http://karisma.org.co/?p=4417
18. By: Elsevier, Emerald, Springer, Wiley and Taylor & Francis
http://www1.folha.uol.com.br/ciencia/2014/10/1541286-capes-anuncia-projeto-de-internacionalizacao-de-revistas-cientificas-brasileiras.shtml
19. Concern 2.
The use of criminal law as a
deterrent for copyright
infringment
20. 2009
Horacio Potel
(philosophy
professor at a
Public Argentinan
University in
Argentina) faced
acussations of
Copyright
Infringment for
uploading texts
by Derrida on the
Internet
21. 2009
“si bien el comportamiento desplegado
por el encartado puede subsumirse sin
dificultad dentro de una figura penal –
defraudación por reproducción de obras
publicadas sin autorización de su autor
o derechohabientes – la misma, a su
entender, no ha ocasionado un real
agravio al bien jurídico protegido por la
norma, toda vez que no toda afectación
mínima es capaz de alcanzar esos
extremos”.
23. Copyright criminal infringment
Has been an industry strategy against piracy
In Latin America this discussion has been
triggered by trade legislations:
TRIPS: Criminal law as a deterrent for
intentional actions at a commercial scale
US-Colombia FTA asks for deterrent
sanctions but talks about “piracy” and
“commercial scale”
Colombia 4 to 8 years
Peru 4 to 8 years
Chile up to 2 years
= Brazil up to 4
24. According with this international
Standard “sharing is not a crime”
Copyright criminal infringment
Has been an industry strategy against piracy
In Latin America this discussion has been
triggered by trade legislations:
TRIPS: Criminal law as a deterrent for
intentional actions at a commercial scale
US-Colombia FTA asks for deterrent
sanctions but talks about “piracy” and
“commercial scale”
Colombia 4 to 8 years
Peru 4 to 8 years
Chile up to 2 years
= Brazil up to 4
25. So, how come there is a criminal
case against Diego?
In our system for an action to be a criminal offense
It has to be defined in the Criminal Code.
“Antijurídica:” the action hurts the legal priciple that is been
protected by the law (ie. In the case of homicide: life)
It has to be intention.
The lobby of the industries and the pressure to comply trade
agreements had pushed for very broad criminal offenses
descriptions and strong penalties.
Our copyright system (derecho de autor) stands over a very
narrow list of exceptions (with no option for open clauses like fair
use or fair dealing)
26.
27. SO:
Theoretically, actions like Diego's or Potel's are
potentially criminal offenses
– - If it is theory, then, there is a problem with a
law that seems to give the idea, even to
prosecutors and judges, that this is the case
– - If it is not theoretically, then, the law is not
complying international standards.
Even if Diego does not spent 1 day to jail there are
many costs for him, and important chilling effects for
society
28. Where are we?
First instance
Investigation
Preliminary hearing
Pre-trial
Trial (pending)
29. What are we doing?
http://www.karisma.org.co/yocomparto/
http://www.karisma.org.co/compartirnoesdelito/
30.
31. Do you want to be a member? Write to
opn@creativecommons.org
32. This presentation is licensed CC BYSA 4.0 except if
otherwise expressed
Visit: co.creativecommons.org and
karisma.org.co
Twitter: @carobotero @cccol @karismacol
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