Spain is set to go after file sharing

"The names of 200 Web sites that offer links to illegal downloads in Spain are to be given to the Spanish industry ministry as the first major move in the fight against online music piracy, it was announced in Madrid today (Oct. 19) at the presentation of a report called Parasites' Business."
http://www.billboard.biz/bbbiz/content_display/industry/e3i5c14b307d54f1cc3d00b03f51fbe853a

Delaware Court on case of first impression holds photographs published on web in Germany not "published" in US

From Loeb & Loeb LLP: "District court, addressing what it determined to be an issue of first impression, holds that posting a work created outside the U.S. on a website outside the U.S. by a foreign national does not constitute publishing the work simultaneously in the U.S., and therefore plaintiff did not need to register his photographs before filing suit for infringement in a U.S. court."

http://www.loeb.com/news/CaseList.aspx?Type=ip

The opinion states that publishing the work (photos) in Germany is not "publishing" for purposes of the requirement for registration needed on US works in order to bring suit in the US, even though after published on the web in Germany the photos were immediately available on the web in the US.

The court states on page 8, "Thus, in a case of first impression, this Court must consider the correlation between the posting of foreign copyrighted works on a foreign website and the copyright holder’s ability to file suit for infringement in the United States pursuant to the United States Copyright Act."

The court has held that even though, in reality, when the photos were published in Germany they were simultaneously published in the U.S., "as a matter of statutory law" they were *not* published in the U.S.

The opinion doesn't describe that copyright registration is a relatively easy process, and registration is needed to bring suit, not to have copyright protection.

From the opinion:
“What appears to be a simple premise actually joins an issue of first impression not addressed by any court. Defendants contend that plaintiff’s photographs, which were created undisputably outside the United States, are United States works because when
they were posted on a German website, they were ‘published’simultaneously in Germany and in the United States . . . because the posting of a photograph on a website simultaneously ‘publishes’ the photograph ‘everywhere,’ including the United States, it is a ‘United States work,’ and as such, it must be registered prior to filing suit for infringement . . . Professor Cotter explains, however, that the determination of the country of origin is not so simple, as that determination hinges on whether the work is ‘published,’ and, if so, where the work is published . . . The Court does not need to delve into yet another unsettled issue, however, because even assuming that the German website ‘published’ plaintiff’s photographs, the Court holds that as a matter of U.S. statutory law the photographs were not published simultaneously in the United States.” Moberg v 33T LCC, US District Court Delaware

Open Video Conference Looks at the Future of Online Video--

The Intellectual Property Watch blog has a great overview of a recent Open Video Conference that took place last week. Video presentations from the conference will be posted on the website soon.

http://openvideoconference.org/

To quote from Kaitlin Mara's article on the IP Watch:

"Video is becoming an increasingly important communication tool on the web, but questions must be asked about its future, said speakers a recent conference. Will it be a medium of self-expression, available for all, or a translation of television to the internet, where content is provided by some and consumed by the rest? A gathering of technologists, academics, filmmakers and others in New York last week issued a call for a freer video culture."

For the full article--
http://www.ip-watch.org/weblog/2009/06/23/now-video-wants-to-be-free-and-open-too-ip-policy-considerations/

Announcing New Journal: Rhetoric, Professional Communication, and Globalization

Rhetoric, Professional Communication, and Globalization

Barry Thatcher (Founder/Editor in Chief), New Mexico State University

Kirk St. Amant (Assistant Editor in Chief), East Carolina University

This Journal publishes research articles on the theory, practice, and teaching of professional communication in critical global contexts such as business, manufacturing, law, health, education, technology, environment, and others. The Journal welcomes articles with diverse rhetorical styles and contexts of research, but articles are to be submitted in English and grounded in relevant theory and appropriate empirical research methods. The Journal is a global effort with the editorial board consisting of researchers and practitioners from over 20 countries. The Journal’s objectives are to:

• Develop better theoretical models of global professional communication.
• Develop a variety of valid and ethical research methodologies for global professional communications.
• Improve the practice of global business and manufacturing through more effective communication.
• Improve the professional communication in critical cross-cultural and international contexts such as the environment, immigration, health, energy, economics, and human rights.
• Develop sets of issues and research agendas that address the most pressing issues and challenges for communicating in a context of globalization.
• Develop better curricula and materials for teaching global professional communication, not only in the United States and Europe, but around the world. Special attention will be given to developing nations.

The journal will be free or “open access” using PKP open source software and housed at Eastern Carolina University. The first edition is planned for June 2010, and it will be published thereafter on a quarterly basis. We will start accepting manuscripts in late fall 2009. Watch for it online as www.rpcr.org. For more information on the journal, contact Barry Thatcher (bathatch@nmsu.edu) or Kirk St. Amant (kirk.stamant@gmail.com).

"Canadian Govt Set To Consult On Copyright Act"

"The [Canadian] Copyright Act, which the entertainment industry says is outdated and does not provide adequate protection for music and movies in the Internet age, has been a highly contentious issue pitting reformers against those worried that Canada's law could follow the American Digital Millennium Copyright Act. "

http://www.billboard.biz/bbbiz/content_display/industry/e3i8ec34ef6f7ad9c74742744921b2e9250

University of Ottawa law Prof. Michael Geist is Successful in Having Canadian Conference Board Recall Copyright Reports

Thanks to the diligent efforts of law professor Michael Geist, an expert on copyright law who also manages the BNA Internet Law News (a fantastic email resource), cbanews.ca has announced today that the reports in question, those that I've blogged about earlier this week, are being recalled for failure to meet appropriate research standards.

"In a notice posted on its website Thursday, the board said it was recalling Intellectual Property Rights in the Digital Economy; National Innovation Performance and Intellectual Property Rights: A Comparative Analysis; and Intellectual Property Rights-Creating Value and Stimulating Investment."

http://www.cbc.ca/technology/story/2009/05/28/conference-board-copyright-geist.html

"File-sharing report that slammed Canada plagiarized"

http://www.canada.com/Business/File%20sharing%20report%20that%20slammed%20Canada%20plagiarized%20Expert/1629172/story.html

"Michael Geist, a Canada Research Chair at the University of Ottawa, said the new study on the digital economy from the self-described 'independent' research organization is a 'deceptive, plagiarized report' that copied passages from the International Intellectual Property Alliance, including one instance without any attribution."

Conference Board of Canada Ignores Research

The Conference Board of Canada, which apparently holds itself out to be non-partisan, non-lobbying, and independent, has ignored some research it commissioned, research that contradicts the findings in its recent report. The report sides with recent corporate interests and stances in the U.S. by stating:

"The Conference Board report calls Canada 'the file-swapping capital of the world' and calls for strict new copyright legislation as well as new power for border guards to deal with counterfeit and pirated goods."

So far the Board has been accused of plagiarism, and has been asked to withdraw its report.

However, the Board admits:

"According to the Conference Board, the report was funded by the Canadian Anti-Counterfeiting Network, the Canadian Intellectual Property Council, the Copyright Collective of Canada and the Ontario Ministry of Research and Innovation as well as other lobby groups who are pushing for stronger Canadian copyright legislation."

This is a really interesting area of the law developing in Canada - it appears to be one of those cases where the "researcher" ignores evidence that is against the researcher's own position. It seems to be that step-by-step U.S. corporate interests will have their way in Canada.

http://www.canada.com/Business/Independent+study+fuels+debate+copyright+report/1632787/story.html

US Congressional Caucus says Canada is a "Safe-Haven for Pirates"

http://www.pcworld.com/article/165267/congress_to_monitor_canada_spain_for_copyright_violations.html

According to the Congressional International Anti-Piracy Caucus briefing paper: "Canada: The country does not have legislation or legal rulings that 'clearly provide an effective means for copyright holders to protect their works from online piracy. This legal void has made Canada an attractive location for illicit Web sites, and Canada has regrettably become known as a 'safe haven' for Internet pirates.'"

Canada Put On Another US "Watch" List

In addition to being placed on the "301" list last week by the office of US trade representative, Michael Geist reports that a US Congressional Caucus has just placed Canada on another "list."

"Because one unfounded and unsupportable designation as a pirate nation is never enough, the U.S. Congressional International Anti-Piracy Caucus has placed Canada on a watch list alongside China, Mexico, Russia and Spain. This is a separate list from the USTR Special 301 list."
http://www.michaelgeist.ca/content/view/3990/196/

Just today I revised a chapter that I hadn't read in two years. It discusses Canada's amazing CCH opinion, an opinion that took the US fair use doctrine and broadened it. Copying (fair use) for research, private and commercial is legal in Canada. Downloading for private use is legal, and uploading is not illegal. Canada has taken a pretty clear stand on protecting user rights - the country probably has the broadest user protection of any country. And you can see the results. Obama's committed to enforcing IP rights and will appoint a Czar soon. The content industry will continue to exert pressure, lobbying pressure, on US politicians, and in turn, Canada will continue to be a focus of US attention in this area.

A New Study Shows Copyright Exception for Legalising File-Sharing is Feasible, as a Cease-Fire in the “War on Copying” Emerges

From the Intellectual Property Watch

"A landmark study by the Institute of European Media Law (EML) found that a levy on internet usage legalising non-commercial online exchanges of creative works conforms with German and European copyright law, even though it requires changes in both. The German and European factions of the Green Party who had commissioned the study will make the “culture flat-rate,” as the model is being called in Germany, an issue in their policies. The global debate on a new social contract between creatives and society is getting more pronounced by the day. Two models are emerging: a free-market approach based on private blanket licences and voluntary subscriptions, and a legal licence approach based on exceptions in copyright law and mandatory levies, that now has been proven legally feasible and appropriate by the EML study."

http://www.ip-watch.org/weblog/2009/05/11/the-world-is-going-flat-rate/

Canada put on 301 list

http://www.ip-watch.org/weblog/2009/05/02/special-301-process-acclaimed-by-industry-assailed-by-public-interest-groups/

http://www.michaelgeist.ca/content/view/3911/125/

I cannot understand why the US ignores that fact that inserting its laws in other countries, is inserting its culture. Some of these cultures are incommensurable with the western IP paradigms . . .there are ways to accomplish goals of protecting IP, but not by ignorning the real problems of cultures with very conflicting paradigms about authorship, individuals, and ownership.

MSU scholars to try to reform education in Pakistan

From MSU today:
"A team of education experts from Michigan State University will play a key role in a $75 million, U.S.-funded effort to improve basic education in Pakistan by improving teachers’ training and skills over the next five years."

I recently submitted a journal article for review on the topic of the Axact v. SNR case. That case involves an international dispute between Pakistani-based Axact, and New Jersey-based SNR. Each company alleges the other sells student term papers, each company vehemently denies this. The evidence is very compelling against Axact - and the New Jersey District Court awarded over $300,000.00 in a default judgment against Axact and in favor of SNR. The cultural differences though between Pakistan and the US with respect to education, is worth further exploration (in the context of selling student papers).

The article states:
“It’s unfortunate, but in Pakistan teaching is one of the least-respected professions,” Mabokela said. “And so the level of training and the quality of students that enter the profession is considered to be on the lower end of the spectrum.”

And the article further states:

"Mabokela will lead two small teams of scholars and administrative staffers – one based at MSU and one in Islamabad, Pakistan. The first task is collecting data and determining the needs to create the curriculum for secondary-level teachers. Eventually Mabokela plans to tap College of Education faculty members in math, science and other subjects to help shape the curriculum. Mabokela and her team also will conduct research stemming from the initiative."

“It is challenging in that we are working in an environment that socially and culturally is not particularly hospitable to U.S. foreign policy,” Mabokela said. “But I think people, without being hysterical, are being very prudent in making sure the security details are being attended to.”

"Mabokela said Pakistan’s poor teacher training is reflected in the country’s literacy rates: Only 46 percent of the population is literate, while only 26 percent of females are literate, according to Pakistan’s Ministry of Education."

This will be a big job for the MSU scholars. The differences between these two countries go very deep, as evidenced in the Axact v. SNR case.

http://news.msu.edu/story/6215/

Antidumping Activity

Antidumping, not what you think.

What do circular welded carbon steel pipes and tube from Taiwan, hot-rolled carbon steel flat products from India, and wooden bedroom furniture from China all have in common? They were this week subject to antidumping evaluation by the US Department of Commerce, along with Vietnam frozen fish fillets (catfish) and honey from Argentina.

According to wikipedia, "dumping" can refer to any kind of predatory pricing. "However, the word is now generally used only in the context of international trade law, where dumping is defined as the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production. The term has a negative connotation, but advocates of free markets see "dumping" as beneficial for consumers and believe that protectionism to prevent it would have net negative consequences. Advocates for workers and laborers however, believe that safeguarding businesses against predatory practices, such as dumping, help alleviate some of the harsher consequences of free trade between economies at different stages of development (see protectionism)."

Wikipedia goes on to state:

"A standard technical definition of dumping is the act of charging a lower price for a good in a foreign market than one charges for the same good in a domestic market. This is often referred to as selling at less than 'fair value.' Under the World Trade Organization (WTO) Agreement, dumping is condemned (but is not prohibited) if it causes or threatens to cause material injury to a domestic industry in the importing country."

Anyway, in the federal register, which I read somewhere is like the newspaper for the US government, they have been listing the results of several administrative reviews this week on the items aforementioned. Basically it appears that the purpose of these adminstrative evaluations is to determine tariff amounts, or assessments on producers of the iterms that could be "dumped" into the US economy.

Berkman Center Provides Info on How To Blog Anonymously

While I don't encourage anonymity in digital writing because I'm strongly in favor of accountability, in some places you cannot say what you think about political events because if you do you could go to jail or even worse. So, for those who feel the need to blog anonymously, the Berkman Center has some advice.

http://blogs.law.harvard.edu/idblog/2009/03/25/how-to-blog-anonymously/

Statement of H. Thomas Wells Jr., President, American Bar Association Re: Anticipated Reinstatement of Pakistani Judges

"CHICAGO, March 19, 2009 – The American Bar Association welcomes the anticipated reinstatement by Pakistan of judges formerly barred from their posts. For more than two years the ABA has urged the government of Pakistan to restore the judiciary to its rightful role in a fair and free society. This reinstatement is heartening to all who believe in the importance of the rule of law to the functioning of a nation. An independent judiciary is every nation's strongest protector of justice, and justice is the strongest root of effective government."

YouTube Says China Blocks Site

http://online.wsj.com/article/SB123791575627627223.html

From the Wall Street Journal:

According to writers Jessica Vascellaro and Geoffrey Fowler, "Access to GoogleInc.'s YouTube service was blocked by Chinese authorities, as the video-sharing site continues to wrestle with governments offended by some of its content."

Internet filter list of porn exposed

In Austrailia: "THE Rudd Government's plans for a nationwide internet filter are in jeopardy after its top-secret blacklist of banned web pages was leaked."

The comments attached to this article are spectacular.

http://www.australianit.news.com.au/story/0,24897,25214571-15306,00.html

Iran blogger dies in Evin prison

"Reports from Iran say Omid Mirsayafi, a blogger who had been jailed for insulting the country's ruling clerics, has died in Tehran's main prison."

http://news.bbc.co.uk/2/hi/middle_east/7953738.stm

U.K. to monitor, store all social-network traffic?

"The U.K. government is considering the mass surveillance and retention of all user communications on social-networking sites, including Facebook, MySpace, and Bebo."

http://news.cnet.com/8301-1009_3-10199107-83.html