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WIPO Pressured to Kill Meeting on Open Source

panthan writes "The Washington Post has has an article about a proposed meeting of the WIPO concerning open source having been removed from consideration, apparently due to pressure from the US State Department and the USPTO. 'In short order, lobbyists from Microsoft-funded trade groups were pushing officials at the State Department and the U.S. Patent and Trademark Office to squelch the meeting. One lobbyist, Emery Simon with the Business Software Alliance, said his group objected to the suggestion in the proposal that overly broad or restrictive intellectual-property rights might in some cases stunt technological innovation and economic growth.'" Lawrence Lessig has some comments.

14 of 323 comments (clear)

  1. What better place to bring up Linux than WIPO by SuperDuperMan · · Score: 5, Insightful

    If Microsoft is so concerned that Open Source is infringing on intellectual property then they should voice their concerns in front of an audience that is sympathetic to them.

  2. States Goals vs. Actual Goals by Erik_the_Awful · · Score: 5, Insightful

    Lessig states that: "First, and most obviously, open-source software is based in intellectual-property rights."

    While this is true, we can observe WIPO's actual goals by their ACTIONS. WIPO's ACTIONS show that WIPO intends to protect and expand Intellectual Property rights when they result in profits for WIPO's member states and their corporations.

    Conversly, WIPO can be counted on to act against Intellectual Property rights that do not result in profits for WIPO's member state corporations.

    On a seperate note, is it reasonable to increase the cost of BSA's lobbyists by causing them to recieve more snail mail? Would anyone like Emery Simon to be treated like a spam king, and for Emery Simon to recieve a spam king's snail mail load? I don't suppose anyone has access to Emery's personal information? Or is this an overused solution already?

    -EtA

    1. Re:States Goals vs. Actual Goals by BrynM · · Score: 5, Insightful
      To suggest that such organizations should actual spend more time trying to figure out what is right, or what is the best course of action for all will just bring a harangue about one's naivity.
      Political Action Committees are the lifeblood of many professional associations. Many of them are only doing what their members tell them if only to keep the membership dues coming in (The American Pharmacists Association, The American Heart Association, The International Webmasters Association). In fact, the Free Software Foundation is almost completely a PAC. Same with Amnesty International.

      More people need to know that this is how politics work. Most are taught that voting is doing their part in politics, but that isn't even half of it. People need to "associate" with others of like mind or like profession to help exert influence. This is the ideal behind which political parties were created.

      I actually wish more people would become members of an association if only to vote for who the Board Members of their PAC should be. This is the real way to effect laws in the US as it is the Board Members who have oversite of the PAC's lobbyist(s). I wish more geeks (no offense, to me it's a compliment) would think of that next time they're at Frys buying yet another $30 hub or wireless mouse. It's not money itself that is the key, it's where the money goes. If you're sick of stuff like this bullroading and want to change it, you know how to do it.

      I'll step off the soapbox now...

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
  3. IP by Black+Parrot · · Score: 5, Insightful


    > One lobbyist, Emery Simon with the Business Software Alliance, said his group objected to the suggestion in the proposal that overly broad or restrictive intellectual-property rights might in some cases stunt technological innovation and economic growth.

    Given that the US Constitution justifies IP on the basis of promoting progress, we can't be asking the question of whether our laws actually do that, now can we?

    IP law has become nothing more than an authorization for a gold rush, as everyone hurries to stake their claims until there's nothing left that you can do for free.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:IP by stanwirth · · Score: 5, Insightful

      Sadly, it costs a lot of money to exercise free speech in America.

      The motto of the VFW: "Freedom isn't Free."

      Millions of Americans have paid with more than money to protect this freedom. It is an absolute disgrace to those who have made the ultimate sacrifice to allow international corporations to throw so much money and influence at destroying the freedoms others have died to preserve.

      And people worry about hurting their careers by promoting open source. Not exactly the face of courage, is it.

    2. Re:IP by Anonymous Coward · · Score: 5, Insightful

      I'd rather die than be broke and have to live on the street. Therefore, for me, money > life.

      Of course, I'm not talking about tons of money, just enough to live on.


      This kind of took me back. I've been quite broke, more than broke, ain't got no home broke, when I was a younger (and more than once to different degrees). After those experiences, I find that I am pretty sure I can cope with any money woes. It's easier than a personal loss of a loved one, for instance.

      There are many things in life worse than starting over broke. I am glad I'm not broke now, but in this world, you never know what the future will bring. You fearing poverty more than death indicates you have no faith or confidence in yourself, which is not good for your wallet, in the long run.

  4. Politics and uh ... stuff? by LordKaT · · Score: 5, Insightful
    Honestly, I think the reasoning here is threefold:

    First, and foremost, it was the political lobbying. Hey, if I had that kind of money, I sure as hell would use it to my advantage.

    Secondly, and not as prominetly, it was also a fear of this just turning into a political flamewar

    Third, the bitch needs to be sacked. To say that Opensource undercuts the ideals of "intellectual property" just goes to show either how incompetant she is, or to what degreee she has been bought.

    --LordKaT

  5. US Patent and Trademark Office quote by tji · · Score: 5, Insightful


    From the article:
    Lois Boland, director of international relations for the U.S. Patent and Trademark Office, said that open-source software runs counter to the mission of WIPO, which is to promote intellectual-property rights.

    "To hold a meeting which has as its purpose to disclaim or waive such rights seems to us to be contrary to the goals of WIPO," she said.


    They obviously don't get it.

    Or, maybe I don't.. Is there a broader assumption behind "intellectual property rights"? Is this assumed to be only the right to restrict your IP as much as possible? Or, the right to protect the IP of big businesses only?

    Wouldn't the right to control how my IP is used, and demand that it remain open, and any changes remain open, fall neatly into Intellectual Property Rights? Perhaps Lois should read the GPL some time.

  6. To all americans .... by quax · · Score: 5, Insightful

    ... please, please take such things into consideration when casting your vote in 2004.

  7. Write - don't email! Re:Write your Senator! by 2toise · · Score: 5, Insightful

    I know, I know, none of us have even owned a pen for years, but the weight given to a real paper letter is hugely more than an email.
    PLEASE PLEASE PLEASE, consider writing a real letter!

  8. Dying for IP by theolein · · Score: 5, Insightful

    Millions of Americans have paid with more than money to protect this freedom. It is an absolute disgrace to those who have made the ultimate sacrifice to allow international corporations to throw so much money and influence at destroying the freedoms others have died to preserve.

    I don't mean to hurt your patriotic feelings, but isn't it very possible that many of those millions dies exactly for tho right of those huge corporations to trample over poverty stricken bodies?

    I still have no idea today as to why exactly the US invaded Iraq. It might have been WMD or just plainly Saddam, but it could just as well have been for Halliburton, Bechtel and other well connected companies to do some business over the dead carcasses of Iraqis and US soldiers.

  9. Re:Interesting by X_Bones · · Score: 5, Insightful

    I don't think very many areas of the federal government are using open source software, and I'm certain that OSS gives no more than limited political advantages to its users. In fact, using proprietary software is often in the government's best interests (but not that of the taxpayers, which is an entirely different issue...).

    If a government agency's operating costs go up (due to software costs in this case), then when it goes and asks Congress for a budget increase it's likely that they will receive a larger amount in discretionary funding (they receive the same percentage of a new, larger budget). Discretionary funding is the stuff agency heads love to have, since they can spend it on their department in whatever fashion they see fit: office parties, fancy artwork, whatever. So, when choosing between two equally functional but differently-priced solutions, a depressingly large amount of the time, the government chooses the costlier product. The vendor and the department both win, and as usual taxpayers get stuck holding the bag.

  10. I don't understand this logic by karmavore · · Score: 5, Insightful
    Lois Boland, director of international relations for the U.S. Patent and Trademark Office, said that open-source software runs counter to the mission of WIPO, which is to promote intellectual-property rights. "To hold a meeting which has as its purpose to disclaim or waive such rights seems to us to be contrary to the goals of WIPO," she said.

    IANAL I am a software developer. If I license my IP under the GPL or any other open source license then how have I in any way waived my rights to my IP. Can someone explain to me what the logical basis for her argument is? Or is this just regurgitated FUD from a spin doctor paid by a certain large corporation (The identity of which you can probably guess).

    The GPL is a license that controls intelectual property rights. As far as I know I control the IP rights to my code I can if I choose use for example the GPL to grant limited rights for others to use my code. I do not waive my rights to my IP.

    --
    Speech: Free
    Beer: $699.00
  11. Backsliding in Technology by Anonymous Coward · · Score: 5, Insightful

    America will be backsliding in technical innovation in the IT industry because of this.

    We will be caught with our pants down just like we were with our Curtis bi-planes against the Japanese Zeros at the beginning of World War 2. Only this time it might not be the military that is looking stupid, they've learned enough to avoid that for the next 100 years, but it will be the famous and legendary American Innovation that will suffer.

    Look at the other nations out there. Many of them are outpacing this once great nation in their technical prowess, innovation, and capabilities today. This is only going to serve to accelerate the process until we become and sound embarassment to the world.

    The Battlefield of the next 100 years will not be a military campaign. That's been dying out since the end of World War 2. The new battlefield is the economic viability of a nation. By crippling the economic engine of a nation you can now render a nation effectively useless without the need for such unpopular actions as actually blowing people up. This is what the United Nations have been doing for years and for the most part it is working and is considered Politically Correct. At least more so than military invasion and geographical conquest.

    As we permit these American Corporations to attempt protection of their markets in the United States, we expose the United States to economic erosion on the global market making us more vulnerable to economic attacks.

    Considering what has happened to the United States since the World Trade Center was destroyed it's pretty evident that an economicly focused attach can have a more devistating effect on the United States as a whole than a military assault can have. With this new knowledge, it has to be recognized that the new battlefield of soverign nations is not a geographical map with pill boxes and trenches, but an economic environment consisting of market shares, tariffs, subsidies...

    As these Corporations meddle with the Global Economy and the role of the United States of America they are meddling with the well being of the Nation as a whole and are quite willing to go through some sacrifices of our nation in order to expand their own goals and objectives.

    This is no longer about Microsoft making shitty software that is easily overrun by email virii or the fact that everything is proprietary. This is not about our future as a Nation and our ability to remain a viable economic entity in the future Global Markets. We must participate on the Global playing field in order to win, we cannot hope to succeed for long if we always require a Home Field Advantage by excluding Open Source as a viable option in our future