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World Copyright Treaty Coming soon

ebresie writes: "According to an article in Info World, the World Intellectual Property Organization indicates that the WIPO Copyright Treaty is scheduled to go into effect in March of 2002. The treaty "is designed to protect the rights of composers, artists, writers, and others whose work is distributed over the Internet or other digital media." It also makes reference of the WIPO Performances and Phonograms Treaty which "specifically protects the digital-media rights of producers and performers of sound recordings"." This is not a "new" treaty; rather it's the old one, which says much the same thing as the DMCA and was used to justify the passage of the DMCA. Now the same provisions will be in effect across many countries.

22 of 202 comments (clear)

  1. GPL - for other works by eclectric · · Score: 4, Interesting

    Could the GPL be extended to, say, artistic works? That way an artist could simply copyright(copyleft) his or her works and therefore bypass these kinds of inane copyright laws. Granted, one could simply make their works public domain, but you still would need some public protections. (Like, you might want to make your stuff freely available, but you don't want others taking credit for it. Or, you just might not want anyone else to make money off of it either.)

    Any thoughts?

    1. Re:GPL - for other works by lynx_user_abroad · · Score: 3, Interesting
      ...one could simply make their works public domain...


      No, you can't! That's one of the most non-intuitive parts of the DMCA which many peope don't get.


      If you create a work (you are the copyright owner) and release it CSS encrypted on a DVD, you lose a portion of your copyright-granted control over that work. Specifically, you can no longer just turn it loose to the public domain because anyone who would want to view, or copy, or derive from your work must buy a CSS license, and must agree to the terms
      of that license. And you (as the copyright owner) have no control over what that license allows the purchaser to do.
      The CSS license currently says (and the Law backs them up) that you can't make a copy of the work, even if you have otherwise been granted the right to do so by the copyright owner.


      So who cares? It's not like a lot of people are creating a lot of copyrighted works in an encrypted format that you have to have a license to decrypt, right?


      Think again. How much of your copyrighted material exists in a proprietary file format for which you must purchase a license to decode it?


      Got any Word documents? or PowerPoint charts? or FrameMaker documents?


      If the courts rule that a proprietary file format "effectively controls access to" the copyrighted material contained within, then programs like Star Office will be as illegal to make or posess as DeCSS is today.

      --

      The thing about things we don't know is we often don't know we don't know them.

    2. Re:GPL - for other works by Trepidity · · Score: 3, Informative

      Well, the GNU Free Documentation License is probably closer to what you're looking for as a starting point.

  2. Who Are These Guys? by ewhac · · Score: 5, Insightful

    Who are these guys? And who elected/appointed them They Who Shall Decide Intellectual Property Policy For The Rest Of Us?

    Seriously, who are they? Who gets selected to be a member, and why?

    Schwab

  3. What is the DMCA, by the way ? by Anonymous Coward · · Score: 4, Funny
    Defend Microsoft from Competition Act ?

    Disney-Microsoft Corruption Arrangement ?

    I just want to be enlightened:-)

  4. Small fry by seizer · · Score: 5, Insightful

    Only 30 countries have ratified it. There are circa 200 floating around, and a hell of a lot of them, including Russia and China, don't pay any attention whatsoever to copyright at the moment. I can believe that they might, as countries, receive more income from the pirate business than they would if they forced people to only buy legitimate versions.

    There'll always be data havens, never fear.

  5. Maybe the reds... by Tebriel · · Score: 3, Interesting

    Maybe China will, for once, actually help stem the tide, since they have such lax laws. Now that they're a member of the WTO, maybe they can actually make a moderating stand against this, or something.

    --
    The Blaster Master Fighting for Truth, Justice, and Evil Pie since 1979
    1. Re:Maybe the reds... by Tackhead · · Score: 4, Informative
      > Maybe China will, for once, actually help stem the tide, since they have such lax laws. [on copyright]

      I wouldn't bank on it.

      "Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

      - p.411, Ayn Rand, ATLAS SHRUGGED, Signet Books, NY, 1957

      You don't have to be a Randroid to see the wisdom in this passage.
  6. this isn't too new. by psyklopz · · Score: 4, Informative

    As it stands currently, copyright law is *almost* international.

    Each nation has their own copyright laws, but almost all are either:

    1) parties to the Berne Copyright Convention

    or

    2) Members of the World Trade Organisation

    If your country belongs to either of these, it is already bound by a pseudo-international copyright law.

    The only countries not parties to these two conventions probably don't care much about copyright to begin with.

    So, I don't think that an international treaty will change very much at all.

  7. United Nations members by eclectric · · Score: 3, Informative

    In the United States, the representative to the United Nations is an ambassador, which means the President chooses him or her. I imagine they have to confirmed by the senate, but I don't think it's every much of an issue.

  8. WIPO Copyright Treaty == US Companies Own You by Maul · · Score: 3, Insightful
    Hate to say it, but that is basically what this is all about. Protecting artists, my ass. US Companies don't want to wait for programmers and other "DMCA Violaters" to come to the USA for conferences to throw them in jail for 25 years for providing competition to their products.


    With this, they'll be able to do it no matter where you are. Sadly, the only place where these people might be safe now is Communist China, though 25 years from now that might not be so bad considering the direction we're taking in the West.

    --

    "You spoony bard!" -Tellah

  9. This might be good. by booch · · Score: 3, Interesting

    If the wording in the treaty truly says "composers, artists, writers" that's actually a good thing. That would give the actual artists more power over the companies that "own" the rights to their works.

    --
    Software sucks. Open Source sucks less.
  10. This is NOT a SPAM by ackthpt · · Score: 5, Funny
    Act now and you could become the next millionaire!

    This is NOT a SPAM! Buy shares in the worlds largest prison network! With the adoption of the WIPO Treaty there will be enormous need for prisons to keep violators in while they await speedy trials, which could take years to come about!

    Sure, you're asking yourself how could I make money in this enterprise! World governments would be required to apprehend violators by the order of their masters, the likes of Adobe, Microsoft, RIAA, MPAA and Scientology International! In what will surely be the largest roundup since the Holocaust there will need to be a place to keep them! As a private industry AND and innovator, World Prison Systems would house these vermin and collect fees from these same governments! Act now, as we plan to have a copyright of our own awarded soon on this business process!

    To join in send $1,000 to:
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    --

    A feeling of having made the same mistake before: Deja Foobar
  11. Re:Copyrights are good by haruharaharu · · Score: 3, Insightful

    If there wasn't any copyright protection there wouldn't be any incentive to create anything.

    Yeah, Mozart would never have composed The Magic Flute without copyright protection. Oh, wait...

    Well, I Know Britney 'Jailbait' Spears wouldn't have done quite as well without Copyright law. Um...

    --
    Reboot macht Frei.
  12. "Compilations" by Dr.Dubious+DDQ · · Score: 3, Interesting
    Compilations of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such.

    I THINK what they mean here is that if, for example, you publish a book containing 10 public-domain short-stories or articles, that if someone else comes along and publishes a book with the same 10 public-domain works, that it would be a violation of your copyright to the particular collection you've put together, though the reprinting of none of the individual original public-domain works violates any copyright law...

    I think.

  13. Re:Copyrights are good by lysurgon · · Score: 3, Insightful

    The idea of a starving artist or musician who creates for the love of art or music is a lie. Everyone dreams of being famous and profiting from their works.

    Where do you get off? I find your sweeping generalizations to be both offensively cynical and incorrect! I mean, do you actually know any artists? Meet me, I'm an artist. I mostly subsist on ramen noodles and mac and cheese. I don't want to be famous. I don't want to be rich. Please don't tell me I don't exist: my ego might not handle it. (BTW: this is also how a lot of hacker artists lives, e.g. RMS)

    It seems the only people who advocate getting rid of intellectual property protections are those who have never created anything and only want to use someone else's work for their own profit.

    Ahem... "True invention is a myth. All art is theft -- without reference and past things nothing can be created." -- Malcolm Garrett (artist, designer, look it up)

    The problem with the late trend in copyright/IP law is that it cuts out fair use, and makes the creative process one that is fraught with legality and opportunities to litigate. This is not a Good Thing. Litigation is one of the most wasteful, culture-destroying thigns in the world. As Shakespeare said, first thing to we do, we kill all the lawyers. Step one towards utopia, man.

  14. Re:I fail to see... by artdodge · · Score: 5, Insightful
    The only difference I see is that carrots have a physical manifestation which limits their ability to be easily duplicated and dispersed among a large audience. Music on the other hand, especially in our digital world, can be easily duplicated.

    That's exactly the difference, and it's a big one. I think it was Ben Franklin who said that an idea is set apart from a physical commodity in that you are no way impoverished when you give it away. If I give away my carrots, I have no carrots. If I give away an idea, I still have just as much access to and use of that idea as I had before it was shared. Hence the popular "Information wants to be free" meme.

    I tend to be mistrustful of copyright in the vein of Jefferson; historically, copyright was implicitly joined to the idea of physical embodiments and copies, which allowed for a reasonably balanced approach. But when objects of copyright are trivially disembodied, and "to copy" is something that gets done internally 10 times over in the basic handling of a copyrighted work to begin with (server copies it off of disk into buffer cache; copies it from buffer cache to network stack; from network stack to ethernet card; copied over a series of store-and-forward routers; copied from client network stack to client application; copied and manipulated within client application to decode; copied to kernel buffer; copied from kernel buffer to audio card), we need to look for a new abstraction instead of "copying" on which to hang IP law.

  15. Re:I fail to see... by ChaosDiscordSimple · · Score: 3, Interesting

    I fail to see how this is a problem (and I'm not trying to troll). If someone is capable of claiming "rights" on some physical artifact that they created then why shouldn't someone be able to claim rights on some non-physical artifact that they created as well? For example, the farmer creates carrots, let's say, and has certain rights over the carrots (they belong to him, etc.) and expects to be compensated for expending the effort necessary to create the carrots.

    The farmer's rights to his carrots don't derive from the effort in creating them. His rights derive from the fact that if I take his carrots, he will no longer have carrots. If I copy a jazz CD, the original artist still has his original recording.

    I believe copyright is a good idea and does effectively encourage creative efforts. But it's important to understand that copyright has nothing to do with physical property. They're different sets of rules and should be treated as such.

  16. What utter nonsense by donutello · · Score: 5, Insightful

    For instance, you could ask the same of the WTO. No one knows. No one's telling.

    Where do people come up with this crap from? The WTO and the WIPO have member states as their members. For the purpose of the meetings, individual member states appoint representatives to represent them. True, each member state uses its own mechanism to appoint the representatives - which also depends on the level of the conference. Some countries send their ministers (secretaries of state) for the relevant areas while other countries send other higher or lower ranking officials.

    The WTO and WIPO are (very influiential) non-governmental organizations. That's the problem at the moment: they're really accountable to no one other then their fat-cat corporate sponsors.

    Nonsense. These are international organizations just like the UN. Countries are members - they send people who represent their interests to the forums for discussion. Ultimately it is the government of the country that is responsible for the decisions they agree to and in a democracy the government is accountable to the people - in other forms of government whatever checks or balances (or lack thereof) is who the respective governments are acountable to.

    I really wish some idiots would read what they are protesting before protesting it. The majority of the WTO protesters were clueless idiots like the parent poster who have no idea what the WTO was about.

    --
    Mmmm.. Donuts
    1. Re:What utter nonsense by donutello · · Score: 3, Insightful

      Anyway, you're skirting the issue: who from the US appoints US representatives to the WTO and by what process? Where are there checks or balances? Who is accountable? I don't think you can answer because this information is not publicly available. I imagine that even if you know, you're not allowed to tell.

      You're right! It's a big evil conspiracy! Posting links to the US Trade Representatives websites will immediately bring the secret police to your door. Deep links to the USTR WTO website are expressly prohibited! In fact everything is so hidden that if you search for "US representative WTO" on google you get nothing at all!

      You know what else is a corporate conspiracy? The CIA! There are no senate meetings or congress approval to appoint the individual agents in the CIA. It's gotto be a corporate conspiracy!

      Or there is the logical conclusion that the secretary for trade is the one responsible for the decisions of who represents the US and the secretary is appointed by the president with the approval of the Senate and Congress - but that theory is so boring.

      I have to take issue again. Were you there among the "majority of WTO protesters" or did you rely on (hostile) mainstream media coverage to make your assessment?

      I live in Seattle. I have heard the stupid comments first hand from idiots trying to prove to me the WTO was evil and from the same morons in other forums like Slashdot. Clueless uninformed opinions. Vague hints of nebulous corporate conspiracies. You guys should really read some newspapers from other countries to get a clue what organizations like the WTO are. Too many idiots are journalists in this country.

      --
      Mmmm.. Donuts
  17. Re:I fail to see... by Happy+Monkey · · Score: 3, Insightful

    I fail to see how this is a problem (and I'm not trying to troll). If someone is capable of claiming "rights" on some physical artifact that they created then why shouldn't someone be able to claim rights on some non-physical artifact that they created as well?

    If I buy a physical artifact, I can make a copy of my own, or take some good ideas from it and make a derivitive object. I can even do this if I only see it through the window of a store, and don't buy it. Now, this doesn't apply to all objects (ie carrots), and trademark and patent laws may prevent me from selling my object, but in its creation I haven't infringed anyone's rights.

    Just throwing a wrench in the analogy.

    --
    __
    Do ya feel happy-go-lucky, punk?
  18. Amnesia by SmileyBen · · Score: 3, Insightful

    Has *every* single person in the world forgotten what copyright is for?!?!?! Copyright isn't there 'to protect artists', it's there to encourage people to create stuff, and thereby expand the public domain. The point of copyright is that if people have a limited opportunity to exclusively sell their work, more people will create. It has *nothing* to do with protecting a person's 'right' (?) to monopolise and control creative output.