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Developments on the WIPO Treaty

Sherwin Siy reports on what's happening with the WIPO Broadcast Treaty link here and provides a series of comments, quoted below.

"The US delegation is holding another roundtable on the WIPO next month to discuss the latest draft of the treaty and the next round of negotiations. As others have noted, it's open to the public, so long as you RSVP to the Copyright office by May 5th."

"This latest draft of the treaty looks a little nicer than earlier versions, since it tries to accommodate countries (like the US) that don't have Rome Convention-style property rights in broadcasts. But it's ... clear that it was still drafted as a property rights treaty (with some exceptions thrown in). That means that it doesn't fit with US law, or even with the requirement handed down by the WIPO General Assembly that the treaty be "signal-based."

"Paragraph 2 also says that countries have to prevent "unauthorized retransmissions." This goes beyond protecting broadcasters against signal theft. After all (to make a comparison to copyright for a second), when I quote a paragraph from an article, I'm making an unauthorized copy."

"Even worse, the latest draft of the treaty could ban "unauthorized transmissions" that copyright law would call fair use. Another major problem for public interest tech advocates is the fact that the treaty requires legal protections for "technological protection measures" (TPMs for short) like DRM or a broadcast flag."

"Another major problem for public interest tech advocates is the fact that the treaty requires legal protections for "technological protection measures" (TPMs for short) like DRM or a broadcast flag."

This is another of the attempts to expand the definition of IP and restrict the application of traditional rights. It has to be watched, though it is a long way to completion.

Note that you can comment if you register in advance--by May 5.


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