[pp.int.general] where is the manifesto?

Reinier Bakels r.bakels at pr.unimaas.nl
Wed Dec 31 09:29:06 CET 2008


>    - the private copy exception
>    - more in general: fair used instead of the present closed system
>    - subject matter limitations (at least in NL there is a tendence of the 
> =
>    Supreme Court to extent copyrightable subject-matter)
>    - rights conferred (using copyrighted material currently is not a =
>    reserved right - one can read a book as often as one likes to - but =
>    publishers may want to change this=20
>    - copyright contracts
>    - role of publishers/distributors(protecting a market that has =
>    disappeared due to internet
>    - exhaustion
>    - collecting societies
>    - levies
>    - DRM
>    - copyright abuse, from a copyright or even human rights perspective
>    - enforcement reforms (IPRED1/2) - in particular limiting criminal =
>    enforcement
>
> Is it possible to achieve the equivalent of shorter copyright
> using these methods?
A fair use provision, and other changes resulting in less rights for the 
copyright owner would work from day 1. But a true reduction of the term 
would require EU directives to be changed - or countries should leave the 
EU. Which is actually a popular theme among far right wing politicians, who 
foster nationalism. In view of history, imho this is very undesirable.
Counties may also leave the World Trade Organisation, and no longer be 
subject to the TRIPS provisions. But the World Trade Agreemment puposely was 
designed a package involving free trade as well. The message, in particular 
to developing countries was: if you improve "intellectual property" 
enforcement, then we give you easier access to the world market with 
(conventional) goods.
The only reason why I would expect thisto change this perhaps is if TRIPS 
hurts US interests, e.g. if the Chinese benefit more from TRIPS than the 
Americans. Experience shows that legal "logic" is subordinate to economic 
interests.
>
> Is it possible to achieve even the freedom to noncommercially share
> using these methods?
Certainly.

reinier 



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