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June 2011
- 53 participants
- 157 messages
J. Lichtenstein - Why Open Data Alone Is Not Enough
by invisigot
vi segnalo questo articolo apparso sul numero di luglio di Wired USA
http://www.wired.com/magazine/2011/06/st_essay_datafireworks/
[...]The concern that open data may simply empower the empowered is
not an argument against open data; it’s an argument against looking at
open data as an end in itself. Massive data dumps and even friendly
online government portals are insufficient. Ordinary people need to
know what information is available, and they need the training to be
conversant in it. And if people are to have anything more than
theoretical access to the information, it needs to be easy and cheap
to use. That means investing in the kinds of organizations doing
outreach, advocacy, and education in the communities least familiar
with the benefits of data transparency[...]
--
Fabio Malagnino
Blog&SenzaRete: http://www.fabiomalagnino.it
Torino Digitale: http://www.torinodigitale.it
follow me at http://twitter.com/invisigot
Email me at fabio.malagnino(a)gmail.com
G-Talk me on invisigot(a)gmail.com
Skype me at invisigot74
Call me at +39.340.3642979
June 30, 2011
Fwd: [IRP] CSISAC Press Release on OECD Communique on Internet Policy-Making Principles
by J.C. DE MARTIN
-------- Original Message --------
Subject: [IRP] CSISAC Press Release on OECD Communique on Internet
Policy-Making Principles
Date: Thu, 30 Jun 2011 02:08:49 +0200
From: Meryem Marzouki <meryem(a)marzouki.info>
To: IRP <Irp(a)lists.internetrightsandprinciples.org>
Hi all,
The OECD High-Level Meeting on the Internet Economy ended today, and released the OECD Communiqué on Principles for Internet Policy-Making:
<http://www.oecd.org/dataoecd/40/21/48289796.pdf>
This communiqué was endorsed by OECD members + Egypt, as well as by BIAC (Business and Industry Advisory Commitee) and ITAC (Internet Technical Community Advisory Committee).
It was NOT endorsed by CSISAC (the Civil Society Information Society Advisory Committee).
CSISAC published a press release on this OECD communiqué today 29 June:
<http://csisac.org/CSISAC_PR_06292011.pdf>
together with a longer statement detailing its substantive reasons:
<http://csisac.org/CSISAC_Statement_on_OECD_Communique_06292011_FINAL_COMMEN…>
This decision was not easy to make. CSISAC has been fully involved in the multistakeholder discussions ahead of the meeting, to agree by consensus on a common communiqué.
Unfortunately, CSISAC had to decline endorsing the last draft version of the communiqué before the high-level meeting: while many advances were achieved in the drafting, there were some important remaining issues related to CSISAC core values, first and foremost the respect for fundamental human rights and freedoms and the rule of law, the promotion of access to knowledge, promotion of open standards, Net Neutrality and balanced intellectual property policies and regimes. I know that these are also core values for our IRP coalition.
For those who don't know CSISAC (http://csisac.org)
CSISAC is a coalition of more than 80 civil society groups from across the globe that provide input into the development of OECD policies relating to the Internet. Since 2009, CSISAC has formally represented the civil society perspective at certain OECD meetings and defended the rights of Internet users worldwide.
CSISAC documents related to the OECD Communiqué, together with some CSISAC members statements (more to be added as they're released) are available on CSISAC website:
<http://csisac.org/2011/06/csisac_declines_to_support_oec.php>
Best regards,
Meryem Marzouki - EDRI - CSISAC Steering Committee Member
--
Meryem Marzouki - Paris, France
Email: meryem(a)marzouki.info
Lab. LIP6/CNRS/UPMC - www-polytic.lip6.fr
IRIS (Imaginons un réseau Internet solidaire) - www.iris.sgdg.org
EDRI (European Digital Rights) - www.edri.org
_______________________________________________
IRP mailing list
IRP(a)lists.internetrightsandprinciples.org
http://lists.internetrightsandprinciples.org/listinfo.cgi/irp-internetright…
June 30, 2011
The Power of Open (nuovo libro CC)
by bernardo parrella
http://thepowerofopen.org/
Creative Commons began providing licenses for the open sharing of
content only a decade ago. Now more than 400 million CC-licensed works
are available on the Internet, from music and photos, to research
findings and entire college courses. Creative Commons created the legal
and technical infrastructure that allows effective sharing of knowledge,
art and data by individuals, organizations and governments. More
importantly, millions of creators took advantage of that infrastructure
to share work that enriches the global commons for all humanity./
The Power of Open/ collects the stories of those creators. Some are like
ProPublica, a Pulitzer Prize-winning investigative news organization
that uses CC while partnering with the world's largest media companies.
Others like nomadic filmmaker Vincent Moon use CC licensing as an
essential element of a lifestyle of openness in pursuit of creativity.
The breadth of uses is as great as the creativity of the individuals and
organizations choosing to open their content, art and ideas to the rest
of the world.
June 29, 2011
Fwd: [A2k] Copyright Interests Force Private Censorship into OECD Communiqué
by Philippe Aigrain
Complement to previous message transferred by Juan-Carlos. Philippe
-------- Message original --------
Sujet: [A2k] Copyright Interests Force Private Censorship into OECD
Communiqué
Date : Wed, 29 Jun 2011 14:57:38 +0200
De : La Quadrature du Net <jz(a)laquadrature.net>
Pour : a2k(a)lists.keionline.org
La Quadrature du Net - For immediate release
Permanent link:
http://www.laquadrature.net/en/copyright-interests-force-private-censorship…
Copyright Interests Force Private Censorship into OECD Communiqué
*** Paris, June 29th, 2011 – The final OECD communiqué on Internet
Policy-Making Principles has been published. The entertainment
industries and a few governments ultimately let blind copyright
enforcement repression undermine the text's support of fundamental
freedoms and the openness of the Net. La Quadrature du Net supports the
civil society coalition's rejection of a bad compromise and of the final
document. ***
Despite last minute negotiations led by the US government, the final
communiqué [1] on Principles for Internet Policy-Making includes
dangerous breaches to the Internet's openness and to the protection of
fundamental freedoms [2]. The civil society coalition, CSISAC, took the
right decision in refusing to endorse the final communiqué.
The text's good opening principles are deeply undermined by
copyright-related provisions [3] calling for Internet actors to
participate in an endless “war on sharing” and granting them private
police and justice missions [4].
Let's hope that future OECD works will offer a better opportunity for
the civil society to be heard. The multi-stakeholder process is the
right approach and should not be incompatible with a determined defence
of freedom of expression and the rule of law.
“It is unsurprising yet alarming that the OECD member countries chose to
side with the entertainment industries, undermining the very rights and
freedoms that they rightly seek to promote. Transforming hosters, search
engines, domain name registrars and others intermediaries into a private
police of the Net would profoundly alter the Internet's architecture and
harm its founding principles. Deciding Internet policy against the
opinion of civil society is like sticking to a copyright regime turned
against the public: it is bound to fail and undermines fundamental
freedoms.", said Jérémie Zimmermann, co-founder and spokesperson of La
Quadrature du Net.
* Références *
1. http://www.oecd.org/site/0,3407,en_21571361_47081080_1_1_1_1_1,00.html
2. See our press release on the draft communiqué for more details about
the text's dangerous language:
http://www.laquadrature.net/en/oecd-draft-internet-communique-sacrifices-fr…
3. The communiqué reads that “users should have the ability to access
and generate lawful content”, thus limiting free speech, and paving the
way to private, automated censorship where machines or private parties
would determine what is lawful or not, rather than a judge.
4. The OECD communiqué reads: “Internet intermediaries could take steps
to [...] assist rights holders in enforcing their rights or reduce
illegal content,[...], respecting fair process [...]”, with “fair
process” being explicitly defined with no reference to the judicial
authority. It is clearly designed to allow rights holders to bypass
citizens' right to a fair trial.
Also, rather than strongly affirming liability exemptions and why there
are important, the draft calls for the active involvement of
intermediaries in law enforcement. The communiqué reads: “Internet
intermediaries, like other stakeholders, can and do play an important
role by addressing and deterring illegal activity, fraud and misleading
and unfair practices conducted over their networks and services as well
as advancing economic growth.”
** About la Quadrature du Net **
La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates
for the adaptation of French and European legislations to respect the
founding principles of the Internet, most notably the free circulation
of knowledge.
In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific
and pertinent information and tools, La Quadrature du Net hopes to
encourage citizens' participation in the public debate on rights and
freedoms in the digital age.
La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.
List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-n…
** Press contact and press room **
Jérémie Zimmermann, jz(a)laquadrature.net, +33 (0)615 940 675
http://www.laquadrature.net/en/press-room
_______________________________________________
A2k mailing list
A2k(a)lists.keionline.org
http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
June 29, 2011
Fwd: [A2k] OECD Principles on Internet Policy Making approved by businesses but not by "civil society"
by J.C. DE MARTIN
-------- Original Message --------
Subject: [A2k] OECD Principles on Internet Policy Making approved by
businesses but not by "civil society"
Date: Wed, 29 Jun 2011 12:46:10 -0400
From: Manon Ress <manon.ress(a)keionline.org>
To: a2k discuss list <a2k(a)lists.keionline.org>
The OECD, the Business and Industry Advisory Committee to the OECD
(BIAC),and The Internet Technical Advisory Committee to the OECD,
(ITAC) as well as Egypt endorsed the Communique "Principles on
Internet Policy Making" which can be found here:
Final& (and finally) public version (6 pages) can be found here:
http://www.oecd.org/dataoecd/40/21/48289796.pdf
The words "Intellectual Property" appear 7 times, "Enforcement" 4
times, "liability" twice. But "Fair Use, Public Domain, limitations
and exceptions, free software" never.
Here is a sample of the tone:
QUOTE
The policy-making principles in this communiqué are designed to help
preserve the fundamental openness of the Internet while concomitantly
meeting certain public policy objectives, such as the protection of
privacy, security, children online, and intellectual property, as well
as the reinforcement of trust in the Internet. Effective protection of
intellectual property rights plays a vital role in spurring innovation
and furthers the development of the Internet economy.
END OF QUOTE
The Civil Society Information Society Advisory Council (CSISAC)
comprising more than 80 NGOs declined to support the "Principles on
Internet Policy-Making"
http://csisac.org/
KEI Statement here:
http://keionline.org/node/1177
On June 29, while the OECD civil society group CSISAC (80+ NGOs)
debated the text of a high level statement on the Principles of
Internet Policy Making, I sent this missive to the group discussing
the text, expressing KEI's opposition to the draft statement.
Thank you for your hard work on this.
While there are some noted improvements, I still find this
document as a whole quite disturbing. The Internet has actually
demonstrated how much creativity is fostered without intellectual
property, in fact despite IPR. Intellectual property is not a
"driving" tool of the Internet. The Internet was NOT created by
patents or copyright or trademark. Why would intellectual property be
such a central theme for such a document? We concede that the Internet
must not be a lawless "place" but this document where words such as
"fair use, limitation and exception for users (it is "fixed" for the
ISPs?), open source, free software, public domain, etc never appear,
is wrong in tone and in its focus.
Finally, the last paragraph is about protecting fundamental rights
but they do not seem to include our rights. Only the rights of
copyright owners are actually expressed all over the text. The need
for balance between right owners and creative communities& consumers
is not.
Our organization feels very uncomfortable with the document and is
not endorsing it. I am not sure about our exact status as member of
CSISAC but I am sure KEI cannot agree with these "principles for
Internet policy-making. "
Manon
PS we also believe that discussions about "free flow of information"
should be done in a much more transparent way. The text should have
been made public in order to get input from the Internet community as
a whole. It is also of course quite difficult to "discuss" a text
without being able to post it.
--
Manon Anne Ress
Knowledge Ecology International
1621 Connecticut Ave, NW, Suite 500
Washington, DC 20009 USA
http://www.keionline.org
manon.ress(a)keionline.org
_______________________________________________
A2k mailing list
A2k(a)lists.keionline.org
http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
June 29, 2011
La discussione continua: Bardazzi e De Martin su La Stampa con le repliche di Agcom e Fimi
by Giuseppe Futia
29.06.2011
La rete insorge contro l'Agcom
MARCO BARDAZZI
Il mondo digitale italiano è in piena fibrillazione e in assetto da
combattimento. Da Internet ai social network con qualche eco anche a
Montecitorio, in area Pd e Idv - un tam tam di crescente intensità ha
lanciato un passaparola concentrato su una data cerchiata in rosso: 6
luglio. Quel giorno è previsto il varo di una delibera con la quale
l'Autorità per le garanzie nelle comunicazioni (Agcom) intende provare a
mettere ordine nel Far West del diritto d'autore digitale e della
pirateria online.
[...]
Continua qui:
http://www.lastampa.it/_web/cmstp/tmplrubriche/tecnologia/grubrica.asp?ID_b…
<http://www.lastampa.it/_web/cmstp/tmplRubriche/editoriali/gEditoriali.asp?I…>
Ma non decidiamo senza conoscere
JUAN CARLOS DE MARTIN
Quanto sta succedendo in questi giorni era ampiamente prevedibile.
L'AgCom, infatti, aveva operato con lodevole trasparenza quando a inizio
2011 aveva pubblicato delle linee guida per un possibile provvedimento e
chiamato l'opinione pubblica a rispondere a una consultazione. Molti,
pur apprezzando alcuni aspetti della posizione dell' AgCom, erano stati
critici sia delle basi giuridiche della legittimità dell'Autorità a
procedere su questa materia sia dell'opportunità di trattare per via
amministrativa anziché giudiziaria un tema così delicato. Fin qui, tutto
bene. Il problema è quello che è avvenuto dopo.
[...]
Continua qui:
http://www.lastampa.it/_web/cmstp/tmplRubriche/editoriali/gEditoriali.asp?I…
<http://www.lastampa.it/_web/cmstp/tmplRubriche/editoriali/gEditoriali.asp?I…>
Le repliche di Agcom e Fimi all'editoriale
<http://www.lastampa.it/_web/cmstp/tmplRubriche/editoriali/gEditoriali.asp?I…>
di De Martin
LAURA ARIA (AGCOM), ENZO MAZZA (FIMI)
Leggi
qui:http://www.lastampa.it/_web/cmstp/tmplrubriche/tecnologia/grubrica.asp?ID_blog=30&ID_articolo=9222&ID_sezione=38&sezione=
<http://www.lastampa.it/_web/cmstp/tmplrubriche/tecnologia/grubrica.asp?ID_b…>
June 29, 2011
Discorso di Neelie Kroes all'OECD - "Internet essentials" - i vostri commenti?
by Andrea Glorioso
Cari tutti,
ieri Neelie Kroes ha aperto (insieme ad altri) l'High Level Meeting on the
Internet Economy dell'OECD (
http://www.oecd.org/site/0,3407,en_21571361_47081080_1_1_1_1_1,00.html) In
questa occasione, ha pronunciato un discorso - dal titolo "Internet
essentials" che potete trovare presso
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/11/479&forma…
e
che riproduco qui sotto.
Mi/ci farebbe molto piacere sapere quali sono le vostre reazioni e i vostri
commenti.
Sarei anche molto grato se poteste girare questo discorso (unitamente alla
richiesta di commenti) a tutti i vostri contatti. Credo sia importante
discuterne al di la` dei soliti noti della "Brussels beltway".
Ciao, grazie,
Andrea
-----------
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/11/479&forma…
Neelie Kroes
Vice-President of the European Commission responsible for the Digital Agenda
Internet essentials
OECD High Level Meeting on the Internet Economy
Paris, 28 June 2011
Ladies and Gentlemen,
It is a pleasure to open, together with such distinguished colleagues, the
High Level Meeting on the Internet Economy.
First I want to recall that, as you all know very well, over the last decade
the Internet has transformed society and become a pillar of the economy. The
Internet is essential for our vision of smart, green and inclusive growth in
the years and decades to come. And so it is also essential to make it safe,
open and accessible to all citizens.
Given the importance of the subject, I have no doubt that the coming two
days will give us plenty of "food for thought". But it should not be fast
food; it should be a leisurely and balanced meal. We should take time to
think and find the right solutions.
First things first. As the Roman philosopher Seneca said: "if you do not
know to which port you are sailing, no wind is favourable". I find this just
as true in the seas of modern cyberspace.
We must understand where we came from; where we stand at the moment; and
especially where we want to get to. Only then can we make the most of the
opportunities the Internet offers, and best manage the risks.
This reflection is a collective responsibility. Academia, the private sector
and civil society have contributed enormously to the success of the
Internet. Politicians like me should be mindful of that.
But public authorities neither can nor should take a back seat. The fact is
that the Internet is of relevance and benefit for citizens, for the economy,
and for society. For that reason alone it is of interest to public policy
makers.
One of the challenges is to respond to that legitimate interest, without
damaging the very features of the Internet which make it such a success
story: its vibrancy, dynamism, innovation.
It's a particular challenge because policy makers are used to operating
nationally or regionally; but the Internet operates globally, across
borders.
To begin to respond, many are reflecting on high-level principles for the
Internet; an electronic ethos showing where we want to head to. A framework
for the network.
For example, the Deauville G8 summit gave a clear statement on the Internet.
Not a detailed set of rules, but some high-level, underpinning principles:
like openness, transparency, freedom, non-discrimination, fair competition;
and respect for the rule of law, human rights and fundamental freedoms.
Beyond the G8, others like the Council of Europe, and the Aspen Institute –
and of course the OECD itself - are looking at how to define "principles"
for the Internet.
The European Commission, too, has been thinking about this issue.
In that context I'd like to offer you a first impression of what we think
matters: Internet essentials, imperatives to ensure the Internet remains a
success. These are offered not as a final word. But rather to promote a
sensible discussion on, perhaps even a measure of convergence between, the
different ideas out there.
All this is built on one foundation, one assumption: that the Internet is a
strategic domain for the European Union. EU policy on the Internet should be
informed by the same EU values, priorities and interests which govern action
in other areas.
And then there are six separate ideas which constitute, for me, "Internet
essentials".
The first is: let's keep one Internet.
I know there are pressures – regulatory, political, and economic – to
"fragment" the Internet, often along national borders. Sometimes this
results from legitimate concerns, like personal data protection; sometimes
it is just plain censorship.
But the Internet's most important characteristic is its universality: in
principle, every node can communicate with every other. This has important
implications for innovation, plurality, democratic values, cohesion and
economic growth. And we must safeguard this.
The second is that, on the Internet, we are not atoms.
The Internet is not just a technological platform. It’s a forum where people
interact.
When we encounter people in real life, we expect, quite legitimately, that
their behaviour will be governed by civic norms and social duties. Not just
by compliance to legal minimum standards.
Such rights and responsibilities are part of society, and we can't wash our
hands of them, even online. I recognise the attractions of a fully
libertarian view of the Internet. And of clear ground rules on issues like
legal liability.
But, ultimately, if there is harmful behaviour out there, then as members of
a society we share a duty that goes beyond the purely legalistic.
The third idea is that architecture matters.
The Internet's architecture can and must evolve to meet new and unforeseen
challenges. It will not wait for permission before it does so. But this
evolution must be based on a clear understanding of the policy implications.
The current architecture of the Internet is fundamental to its dynamics:
socially, politically, legally, economically. For example, under the current
system, it can be difficult to identify the sender of a message; this can be
positive for freedom of expression, but also makes security harder.
So we need to invest in research on a "future Internet", but also to have a
broad, structured and coherent debate, with the Internet policy and research
communities, on the impact of architectural change.
The fourth is that barriers to trust are barriers to access.
We won't unlock the Internet's potential until users can have confidence in
it. That includes the protection of privacy, identity and personal data;
online safety, especially for children; fighting spam and cyber-crime; and
ensuring resilience and stability.
The fifth is: let's make the Internet pro-democracy.
By itself, the Internet cannot "produce" democracy. Indeed in the absence of
clear "rules of the game" it can become a mockery of democratic values, a
place where those who survive and are heard are only the most powerful, the
loudest, the most technologically savvy.
Yet, Internet-based tools can foster democratic life.
For example, by making public information available and searchable.
Providing platforms for discussion and collective action. And supporting
bottom-up approaches to "problem solving", so that the citizen can co-create
solutions.
Using such tools and others, the Internet can be an instrument for
democracy, and we need to promote it as such.
The sixth is: let's make the Internet multi-stakeholder and transparent.
The multi-stakeholder governance model is a good one, and the Commission has
always supported it. In this field and others.
But it must be transparent and guarantee accountability. We need a common
understanding of the roles of each player. In particular we must recognise
the duties of democratic institutions towards their citizens.
Without this the multi-stakeholder model will simply crumble, under the
combined weight of short-term thinking by those who control Internet
resources, and political pressure by everyone else.
Application of this principle would be in particular important to address
deficiencies in the current functioning of ICANN. The views of governments
representing their citizens on essential public policy issues are all too
often ignored. This situation is absolutely unsustainable and needs to be
significantly improved.
These are the ideas I am reflecting on, right now. Together we could call
them a "Compact for the Internet": an Internet of Civic responsibility, One
Internet, that is Multi-stakeholder, Pro-democracy, Architecturally
sound, Confidence
inspiring, and Transparently governed.
Two things this Compact is not. First, it's not digital dogma: these are
guidelines, not cyber-commandments. Because by nature I am a pragmatic
person. And, because "commandments" imply something "set in stone", if I may
say so. But this approach would only serve to shackle, rather than to guide,
the dynamic development of the Internet. Even once we flesh them out some
more, and strengthen them through further discussion, these ideas will have
to be interpreted with pragmatism and flexibility. I promise you if we ever
do write them on "tablets" it will be the more modern sort!
And, second, it is not about regulating the Internet – as I've said before,
regulation should be an exceptional last resort, and in any case keyhole
surgery rather than amputation. But with such a Compact, such a vision, we
can ensure that as the Internet develops into new areas, we do not lose its
essential characteristics.
For example I am currently thinking about how the Internet of Things should
be governed – in a way that addresses not just architecture but also trust,
privacy, security and standards. This is a good example of where
participation from many stakeholders, not just from Europe, will be
essential.
I intend to offer more details on my thinking on this Compact at the
forthcoming Internet Governance Forum in Nairobi, Kenya. I think we have a
lot of work to do between now and then – therefore let me not delay you any
further. But I hope that, with your input and some fairly detailed thinking,
we can develop them fully. To return to Seneca, principles on their own
won't get us to our destination, but at least we'll be able to set sail.
I wish you a most fruitful debate today and tomorrow and I am certainly
looking forward to seeing the output of such an impressive gathering of
minds.
June 29, 2011
Fwd: [A2k] OECD Draft Internet Communiqué Sacrifices Freedoms to Copyright
by J.C. DE MARTIN
-------- Original Message --------
Subject: [A2k] OECD Draft Internet Communiqué Sacrifices Freedoms to
Copyright
Date: Tue, 28 Jun 2011 18:17:46 +0200
From: La Quadrature du Net <jz(a)laquadrature.net>
To: a2k(a)lists.keionline.org
La Quadrature du Net - For immediate release
Permanent link: http://www.laquadrature.net/en/oecd-draft-internet-communique-sacrifices-fr…
OECD Draft Internet Communiqué Sacrifices Freedoms to Copyright
*** Paris, June 28th, 2011 – La Quadrature du Net adds its voice to the 80 global civil society groups that have declined endorsing the OECD's communiqué on Principles for Internet Policy-Making. Although the text puts forward positive recommendations, rights and freedoms online are severely undermined by the call for private policing of the network, opening the door to automated censorship in the name of copyright. ***
The 80 global civil society groups represented at the Organization for Economic Co-operation and Development (OECD) under the umbrella of CSISAC have rejected the draft communiqué on Principles for Internet Policy-Making. La Quadrature du Net adds its voice to that of CSISAC, and regrets the OECD member countries' stubborn defense of the entertainment industries' obsolete business models, which is bound to undermine the very principles that the communiqué rightly puts forward.
OECD LogoThe draft communiqué unfortunately shows that the OECD member countries are pushing for the same flawed online copyright policies as the ACTA agreement1, the G8 conclusions2 and the EU strategy3 for the future of copyright. The draft communiqué contains crucial elements of wording seeking to weaken the liability exemptions enjoyed by Internet companies such as search engines, hosting or access providers4, to turn them into a private copyright police and justice. The OECD draft communiqué reads: “Internet intermediaries could take steps to [...] assist rights holders in enforcing their rights or reduce illegal content,[...], respecting fair process [...]”, with “fair process” being explicitly defined with no reference to the judicial authority. It is clearly designed to allow rightsholders to bypass citizens' right to a fair trial.
Thus, the OECD communiqué legitimates policies bypassing the judicial authority for online law enforcement, particularly in the name of an obsolete copyright regime. It also mentions that “users should have the ability to access and generate lawful content”, thus limiting free speech, and paving the way to private, automated censorship where machines would determine what is lawful or not, rather than a judge.
“If left unchanged, the OECD communiqué is poised to promote a decade-long war on sharing, which has already had disastrous consequences on freedom of expression and privacy worldwide. Under the pressure of the entertainment industries, the OECD is undermining the good principles laid in its framework for Internet policy-making. Fundamental freedoms and the rule of law should prevail over any private interest, and that means guaranteeing a fair trial to all Internet users rather than pushing for private policing and censorship”, concluded Jérémie Zimmermann, co-founder and spokesperson of the advocacy group, La Quadrature du Net.
* Références *
1. http://www.laquadrature.net/en/ACTA
2. http://www.laquadrature.net/en/frances-g8-focuses-on-control-and-restrictio…
3. http://www.laquadrature.net/en/eu-commission-sticks-to-flawed-copyright-rep…
4. Instead of strongly affirming liability exemptions and why there are important, the draft calls for their active involvement in law enforcement:.The draft reads “Internet intermediaries, like other stakeholders, can and do play an important role by addressing and deterring illegal activity, fraud and misleading and unfair practices conducted over their networks and services as well as advancing economic growth.”
** About la Quadrature du Net **
La Quadrature du Net is an advocacy group that promotes the rights and freedoms of citizens on the Internet. More specifically, it advocates for the adaptation of French and European legislations to respect the founding principles of the Internet, most notably the free circulation of knowledge.
In addition to its advocacy work, the group also aims to foster a better understanding of legislative processes among citizens. Through specific and pertinent information and tools, La Quadrature du Net hopes to encourage citizens' participation in the public debate on rights and freedoms in the digital age.
La Quadrature du Net is supported by French, European and international NGOs including the Electronic Frontier Foundation, the Open Society Institute and Privacy International.
List of supporting organisations : http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-n…
** Press contact and press room **
Jérémie Zimmermann, jz(a)laquadrature.net, +33 (0)615 940 675
http://www.laquadrature.net/en/press-room
_______________________________________________
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June 28, 2011
Assessing State aid for films and other audiovisual works
by Philippe Aigrain
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/757&format=HTM
http://ec.europa.eu/competition/consultations/2011_state_aid_films/issues_p…
Press release + Issues paper and associated consultation (ending 30.09.2011)
Some significant elements:
- The issues paper is available also in ODF
- Volume of support and production:
(11) The EU Member States provide an estimated €2.3 billion per year in
film support: €1.3 billion in grants and soft loans, €1 billion in tax
incentives1. Around 80% of this is for film production.
(12) The EU has become one of the largest producers of films in the
world: 1,168 feature films were produced in the EU in 2009 (compared to
677 produced in the US and 456 produced in China)2. The main Member
States providing film support are France, UK, Germany, Italy and Spain.
- Competition to attract large production from US companies
(29) As mentioned in paragraph (5), in 2009, the Commission had
identified "competition among some Member States to use State aid to
attract inward investment from large-scale, mainly US, film production
companies" (ie, a subsidy race) as a trend which would require some
refinement of the State aid assessment criteria. This trend appears to
have continued since then.
(30) International film production companies, mainly based in the US,
operate on a global basis and are able to choose between a very wide
range of alternative locations. Blockbusters and other major
international productions are extremely mobile.
Nature of support :
Should the current maximum overall aid intensity remain as 50% of the
production budget, with higher aid intensities for difficult and low
budget films?
If activities other than production are to be covered by the
Communication as well, would it be appropriate to set the maximum
overall aid intensity as 50% of the total project budget (covering
script-writing, development, pre-production, principal photography,
post-production, distribution, promotion and marketing costs)?
Digital revolution :
(54) The existing structures and business models present a problem of
over-production of European films compared to the demand for such films
which can be satisfied using conventional distribution practices. So
perhaps it is opportune for Europe to explore innovative alternatives
applying the internet and digital production and distribution
techniques. It is worth noting that most of the independent filmmakers
successfully using these alternative approaches are based in the US.
and last not but least:
Should conditions on production support be imposed to encourage a smooth
digital transition, such as ensuring that a digital master is produced
and requiring that publicly-funded works are released under Creative
Commons Attribution-ShareAlike1 licences?
Should distribution support cover distribution on all platforms (ie, not
only, for example, for releasing in cinemas)?
June 28, 2011
Re: [nexa] Appello per InternetCulturale.it: rispettate il pubblico dominio
by Stefano Costa
Il giorno Tue, 28/06/2011 alle 11.07 +0200, J.C. DE MARTIN ha scritto:
> E' online il portale della cultura italiana
> http://InternetCulturale.it.
>
> La dott.ssa Rosa Caffo ne aveva parlato il 9 giugno durante
> l'incontro con Robert Darnton e adesso vedo che e' online.
>
> A un primo giro mi sembra molto bello.
>
> Se vado alla pagina "Termini d'uso" (deformazione professionale),
> scopro che e' ancora vuota:
> http://www.internetculturale.it/opencms/opencms/it/main/chisiamo/uso/
>
> Dal momento che evidentemente ci stanno ancora pensando,
> mi permetto di fare un appello alla dott.ssa Rosa Caffo
> e in generale al Ministero dei Beni Culturali: per favore
> rispettate i principi del Manifesto del Pubblico Dominio,
> http://publicdomainmanifesto.org/italian.
>
> In particolare, cio' che e' nel pubblico dominio
> resti nel pubblico dominio.
>
> Cosa ne pensate?
Mi sembra una ottima idea, anche se mi sembra poco probabile che possano
scegliere di seguire il nostro suggerimento. D'altro canto, preferisco
chiederlo e sentire cosa dicono (magari con una motivazione ‒ che
peraltro, purtroppo, potrebbero non faticare troppo a trovare
direttamente nella normativa italiana sul patrimonio culturale).
Oltretutto essendo proposto come una parte di Europeana il pubblico
dominio ci dovrebbe essere eccome.
Io posso girare l'appello al gruppo di lavoro su Open Heritage di OKFN,
e ad altre persone certamente interessate (penso in primis a Wikimedia,
oltre al gruppo di lavoro italiano di Open Knowledge Foundation).
Su queste tematiche (in generale) penso sia molto utile leggere
http://www.communia-project.eu/wg03-istanbul per capire quale genere di
ostacoli al pubblico dominio sono generati dalla normativa italiana sui
beni culturali.
Ciao,
Stefano
--
Stefano Costa
Open Knowledge Foundation Italia http://it.okfn.org/
http://okfn.org/ · http://www.opendefinition.org/
June 28, 2011