politics  

TorrentFreak

Last week an Italian court ruled that ISPs should block access to The Pirate Bay. A few days later this block was enforced, but it is doubtful that the blockade will affect the piracy rate at all since other torrent sites are experiencing a massive increase in Italian visitors.

tpbThe Italian Pirate Bay case came to an end last week after a lengthy legal battle. The Court of Bergamo concluded that The Pirate Bay was engaging in criminal activity by linking to torrents that point to copyrighted material.

The judge ordered all Italian ISPs to block the site’s DNS and all current and future IP-addresses. A few days later the blockade went into effect, preventing millions of Italians from accessing The Pirate Bay.

Many Italians described the ruling as outrageous and labeled Italy as “the new China,” but, as with most technical measures taken to hinder file-sharing, the Pirate Bay blockade is relatively easy to circumvent. True Pirate Bay fans can sign up at a free VPN service to regain access or simply move on to one of the many Pirate Bay alternatives.

The latter is what hundreds of thousands of Italian Pirate Bay users are doing.

The owner of BTjunkie has informed TorrentFreak that he has seen a huge jump in traffic from Italians after the blockade was enforced. His site today received 50% more Italian visitors compared to a week ago, indicating that Italian Pirate Bay users are not planning to stop using BitTorrent.

The problem remains that the Court ruling sets a worrying precedent, and leaves the door open for many more censorship requests to be made against other popular torrent sites. A virtual cat and mouse game will be the result, with the only beneficiaries being the lawyers.

Techdirt

We were just talking about whether or not countries are really able to push back on the US’s attempts to export draconian anti-competition/anti-innovation copyright and patent policies elsewhere. Michael Geist points us to two cases where US trade representatives are going overboard in trying to get foreign countries to put in place stringent intellectual property rules. The first is in Costa Rica, which is included in the Central America Free Trade Agreement (CAFTA). Yet like with other free trade agreements that the US has agreed to elsewhere, this one includes draconian intellectual property law requirements. I still cannot understand why intellectual monopoly protectionism — the exact opposite of “free trade” — gets included in free trade agreements. At least in Costa Rica, a lot of people started protesting these rules, pointing out that it would be harmful for the economy, for education and for healthcare. So the Costa Rican government has not moved forward with such laws. How has the US responded? It’s blocking access to the US market of Costa Rican sugar until Costa Rica approves new copyright laws. Nice of the US, right? Bankrupting Costa Rican farmers to force Costa Rica to put in place a copyright regime it does not want.

Then there’s the Bahamas, where US trade representatives are demanding new intellectual property laws, claiming that the country is not in agreement with WTO treaties. Apparently, the USTR is particularly upset about the police force in the Bahamas not cracking down on the sale of unauthorized DVDs, CDs and counterfeit clothing. However, as the Bahamas Chamber of Commerce president notes, nearly all of those counterfeit products actually originated in the US — and that the majority of people doing the buying are US tourists. In other words, the issue is really with the US, but it seems to want everyone else to deal with it.

Boing Boing

1 .- Copyright should not be placed above citizens’ fundamental rights to privacy, security, presumption of innocence, effective judicial protection and freedom of expression.

2 .- Suspension of fundamental rights is and must remain an exclusive competence of judges. This blueprint, contrary to the provisions of Article 20.5 of the Spanish Constitution, places in the hands of the executive the power to keep Spanish citizens from accessing certain websites.

3 .- The proposed laws would create legal uncertainty across Spanish IT companies, damaging one of the few areas of development and future of our economy, hindering the creation of startups, introducing barriers to competition and slowing down its international projection.

4 .- The proposed laws threaten creativity and hinder cultural development. The Internet and new technologies have democratized the creation and publication of all types of content, which no longer depends on an old small industry but on multiple and different sources.

5 .- Authors, like all workers, are entitled to live out of their creative ideas, business models and activities linked to their creations. Trying to hold an obsolete industry with legislative changes is neither fair nor realistic. If their business model was based on controlling copies of any creation and this is not possible any more on the Internet, they should look for a new business model.

6 .- We believe that cultural industries need modern, effective, credible and affordable alternatives to survive. They also need to adapt to new social practices.

7 .- The Internet should be free and not have any interference from groups that seek to perpetuate obsolete business models and stop the free flow of human knowledge.

8 .- We ask the Government to guarantee net neutrality in Spain, as it will act as a framework in which a sustainable economy may develop.

9 .- We propose a real reform of intellectual property rights in order to ensure a society of knowledge, promote the public domain and limit abuses from copyright organizations.

10 .- In a democracy, laws and their amendments should only be adopted after a timely public debate and consultation with all involved parties. Legislative changes affecting fundamental rights can only be made in a Constitutional law.

BusinessWeek

hancellor Angela Merkel’s Christian Democratic Union (CDU) party sits at the top of the list. Below are the Social Democrats (SPD), the Free Democratic Party (FDP), the Left Party, the Greens and the Christian Social Union (CSU). And there, at the very bottom, are the Pirates.

At around 2:20 a.m. local time, when the organization managing the federal elections published the voting results for all of Germany’s 16 federal states on its Web site, the nation saw a new power sitting on the seventh rung of the political ladder: The Pirate Party had managed to get 2 percent of the vote.

Granted, it’s not enough for the party to enter the German government, since a political party has to get 5 percent of the vote to do that. But for political newcomers like the Pirates, this can be interpreted as a success worth paying attention to. In many large German cities, they even got as much as 3 percent of the vote. And they were particularly popular among first-time male voters, from whom they might have won as much as 13 percent of the vote.

“This election has shown that the issues we’re campaigning for are important and that we will be more successful in the future,” party leader Jens Seipenbusch said at its post-election celebration. In a short time, his party has become the unofficial representative of Internet activists in Germany who don’t feel any affinity for the other parties and who have been feeling threatened in their natural environment—that is, online.
CDU Internet Laws Boost Pirate Popularity

The Pirates have the CDU to thank for their strong result. When it comes to Internet issues, two politicians from the CDU embody the treachery of the grand coalition—that is, the uneasy combination of the Christian Democratic Union (CDU) and the Social Democrats (SPD) that has been running the country for the past four years: Interior Minister Wolfgang Schäuble, with his laws regarding Internet surveillance and spying, and Family Minister Ursula von der Leyen, with her well-publicized list of banned sites in her campaign to fight online child pornography. Internet activists have suggested that rather than banning the sites, the content should be erased. An online petition started by Franziska Heine against “Zensursula” laws—a word play on the German word for censorship and von der Leyen’s first name—secured more than 130,000 signatures. The petition got a lot of media attention—and so did the Pirate Party.

During discussions about the law on blocking Web sites, politicians from the grand coalition demonstrated their ignorance about technical aspects of the online world—and a bit of arrogance to boot. That certainly didn’t hurt the Pirates’ numbers in the election. The Pirate Party was founded in 2006, and since the beginning of the year, its membership has increased tenfold. At last count, it had around 9,200 members, which makes it the seventh-largest party in Germany.
High on Hype, Low on Ideology

The Pirates’ power was only really recognized after the elections for the European Parliament in June. At that time, the original Swedish version of the Pirate Party made it into the European Parliament with 7.4 percent of the national vote. The German Pirate Party managed to get 0.9 percent. Since then, its proposals championing the free exchange of culture and scientific information on the Internet and a new set of copyright laws have been seen and heard everywhere.

Still, the young party continues to wrestle with its identity, while its members wrangle with each other. They primarily campaign for strengthened data privacy protection, respecting users’ rights and Internet freedom. And the members recognize this. But the fact that its platform only includes these few items—and that the party seems to lack a deeper ideology—makes the Pirates seem to many much more like a protest party.

BBC NEWS | Programmes | Newsnight | Why the pirates are on the rise in Sweden

Newsnight’s Matt Prodger visits Sweden’s Peace and Love music festival in Borlange to investigate what it is about the Swedes that has put them at the heart of a raging debate about internet freedom.

Techdirt

Didn’t expect this one. With France pushing forward yet again with a three strikes law, Laurent GUERBY points us to the news that France’s new culture minister, Fredic Mitterand has said that he wished he was downloaded more often (translated by Google from French — Updated to fix poor original translation — thanks Laurent!) and that he got two internet connections, just in case he got cut off by a three strikes law. He also admits that his son downloads unauthorized content often. That’s probably not what the entertainment industry wanted to hear.

Ars Technica

After the electoral success of Sweden’s Pirate Party earlier this month, Pirate Parties are a-popping in Europe. The newest ones have appeared in France and the Czech Republic over the last few weeks.

Umair Haque

“…Sales of his recordings through Sony’s music unit have generated more than $300 million in royalties for Mr. Jackson since the early 1980’s.”

Want to know why we have a zombieconomy? Because the beancounters killed the incentives to create real value.

Let’s use MJ’s tragic death as a mini case-study. $300 million over, for example, 25 years? That’s $12 million a year.

I’m deliberately leaving out ads, endorsements, concerts, etc., to focus on the the structural problems in one industry: music.

If the world’s biggest pop star only made $12 million a year from his recordings, why would anyone make serious music? Where did the rest of the money go? Why, straight into record labels’ pockets. Did they make better music with it? Nope — they made Britney and Lady GaGa. And that’s how they killed themselves: by underinvesting in quality, to rake in the take.

Wait a second — that sounds familiar. You can add back in the endorsements, etc. now — they only double the figure: to about $25 million.

If the world’s biggest pop star only made $25 million a year in total, something’s very, very wrong. Where’s the rest of the money? Why can’t a resource as scarce as the King of Pop capture more value?

After all, that’s not even mega-rich.

The world’s top hedge fund “managers” regularly pull in hundreds of millions. That’s an order of magnitude difference.

No wonder everyone wants to be a banker, investor, or [insert beancounter here]. There’s no money left in anything else.

That’s the big problem behind the zombieconomy. We don’t reward people for creating, growing, nurturing, or even remixing assets. We just reward them for allocating the same old assets.

That ’s not an economy: it’s just a game of musical chairs.

Hence, no new finance, healthcare, educational, auto, or, yes, music, industry — for decades.

“…Darkness falls across the land
The midnight hour is close at hand
Creatures crawl in search of blood
To terrorize y’alls neighborhood.”

Indeed. Everytime you look at today’s economic landscape — you should see the Thriller video playing in your head. Because what we’ve built is a zombieconomy, where little net value is created.

And MJ’s death-by-financial-desperation should be a case study in that zombieconomy if ever there was one. Yes, he spent money on absurdly ludicrous stuff. But if top hedge fund managers can do it — why couldn’t the world’s most famous singer?

PS — The ultimate irony? I can’t even link to the Thriller video. It’s unavailable on YouTube in the UK…”due to copyright restrictions”. Lulz.

BBC NEWS | UK | Magazine |

Now, the film and TV industry’s anti-piracy drive has gone off down different avenues in different countries. In the UK, the emphasis is on achieving an “attitudinal change” using more subtle means.

The PR agency Blue Rubicon specialises in this field, typically advising on health campaigns such as the clown smokefree message pictured right.

Now it is helping the UK film and television industry in “attaching social stigma” to illegal downloading.

Index – Külföld – EP-választás 2009

Az előzetes eredmények szerint Svérországban két képviselőhelyet sikerült szereznie a Kalóz Pártnak. A szabad fájlmegosztásért harcoló párt a szavazatok 7,4 százalékát kapta meg.

Index

Egy friss felmérés szerint a svéd Kalóz Párt 5,5 és 7,9 százalék közötti eredményre számíthat a jövő heti Európai Parlamenti választásokon, közölte vasárnap az AFP hírügynökség. Az Európai Parlamentben négy százalék fölötti eredmény kell egy mandátumhoz, így a harmadik legnagyobb svéd pártnak komoly esélye van az EP-be jutásra.

Free Software Foundation

We don’t make (much) music here at the Free Software Foundation, so it’s natural for people to wonder why the FSF has been standing up for individuals targeted by lawsuits launched by the Recording Industry Association of America (RIAA). Most recently, we filed an amicus curiae brief in the case of Sony BMG Music Entertainment, et al. v. Joel Tenenbaum showing the RIAA’s theory of statutory damage awards to be unconstitutional.

ISPreview UK

TThe European Parliament has, in its FINAL vote (there have been five so far) on the matter, chosen to retain amendment 46 (138) of the new Telecoms Package
by a majority of 407 to 57. Amendment 46 states that restrictions to
the fundamental rights and freedoms of Internet users can only be put
in place after a decision by judicial authorities, which protects ISPs
from having to disconnect customers suspected of involvement with
illegal broadband file-sharing (P2P) downloads.

La Quadrature du Net
confirms that the European Parliament has nevertheless adopted a soft
compromise on issues of network equity: no strong protection against “net discrimination” was adopted.

A
formidable campaign from the citizens put the issues of freedoms on the
Internet at the center of the debates of the Telecoms Package. This is
a victory by itself. It started with the declaration of commissioner
Viviane Reding considering access to Internet as a fundamental right.
The massive re-adoption of amendment 138/46 rather than the softer
compromise negotiated by rapporteur Trautmann with the Council is an
even stronger statement. These two elements alone confirm that the
French ‘three strikes‘ scheme, HADOPI, is dead already.
” explains Jérémie Zimmermann, co-founder of La Quadrature du Net.

However
it’s not all good news as the changes do not prevent similar schemes
from being introduced by individual member states. Likewise nothing
will forbid ISPs from turning the Internet away from a neutral zone where people have equal access to all content applications and services. [geek]We doubt the Romulans would approve.[/geek]

The
strong statement for the access to the Internet as a fundamental right
demonstrates that the Parliament can be courageous and reject the
pressure to compromise when essential values are at stake.
Unfortunately, on issues that appear more technical such as the absence
of discrimination of services and contents on the Internet, the
Parliament did not take the full measure of what it is at stake yet.
Citizens must remain mobilized on these crucial questions,
” concludes Gérald Sédrati-Dinet, analyst for La Quadrature.

Mercifully
we’re unlikely to see Three-Strikes style legislation in the UK,
although some rights holders are still privately pushing for it. To
date the industry as a whole has failed to agree a concrete way forward
on the matter, although it’s expected that Lord Carter’s final Digital
Britain report (due in another month or so) may present one. See our ‘To Ban or Not to Ban (Illegal File Sharers)‘ – article for more background to all this.he European Parliament has, in its FINAL vote (there have been five so far) on the matter, chosen to retain amendment 46 (138) of the new Telecoms Package by a majority of 407 to 57. Amendment 46 states that restrictions to the fundamental rights and freedoms of Internet users can only be put in place after a decision by judicial authorities, which protects ISPs from having to disconnect customers suspected of involvement with illegal broadband file-sharing (P2P) downloads.

La Quadrature du Net confirms that the European Parliament has nevertheless adopted a soft compromise on issues of network equity: no strong protection against “net discrimination” was adopted.

“A formidable campaign from the citizens put the issues of freedoms on the Internet at the center of the debates of the Telecoms Package. This is a victory by itself. It started with the declaration of commissioner Viviane Reding considering access to Internet as a fundamental right. The massive re-adoption of amendment 138/46 rather than the softer compromise negotiated by rapporteur Trautmann with the Council is an even stronger statement. These two elements alone confirm that the French ‘three strikes’ scheme, HADOPI, is dead already.” explains Jérémie Zimmermann, co-founder of La Quadrature du Net.

However it’s not all good news as the changes do not prevent similar schemes from being introduced by individual member states. Likewise nothing will forbid ISPs from turning the Internet away from a neutral zone where people have equal access to all content applications and services. [geek]We doubt the Romulans would approve.[/geek]

“The strong statement for the access to the Internet as a fundamental right demonstrates that the Parliament can be courageous and reject the pressure to compromise when essential values are at stake. Unfortunately, on issues that appear more technical such as the absence of discrimination of services and contents on the Internet, the Parliament did not take the full measure of what it is at stake yet. Citizens must remain mobilized on these crucial questions,” concludes Gérald Sédrati-Dinet, analyst for La Quadrature.

Mercifully we’re unlikely to see Three-Strikes style legislation in the UK, although some rights holders are still privately pushing for it. To date the industry as a whole has failed to agree a concrete way forward on the matter, although it’s expected that Lord Carter’s final Digital Britain report (due in another month or so) may present one. See our ‘To Ban or Not to Ban (Illegal File Sharers)’ – article for more background to all this.

BBC NEWS | Technology

Each April, the US releases the Special 301 Report, which examines the intellectual property laws of its main trading partners.

The release generated international headlines last week as countries such as Canada and Israel found themselves on the “Priority Watch List” of countries that the US claims are the world’s worst piracy offenders.

In all, the US targeted 46 countries. In addition to the usual suspects such as China and Russia, Europe came in for heavy criticism with Finland, Norway, Spain, Italy, Greece, the Czech Republic, Hungary, and Poland all on the Watch list.

Unrecognised

The Report yielded predictable lobbyist support from groups such as the International Intellectual Property Alliance and the Motion Picture Association of America, who used the opportunity to chastise the countries on the list for failing to address their concerns.

Yet the lobby group victory may ultimately prove illusory. By wildly overstating its claims on many countries, the US has undermined its credibility and confirmed criticisms that the report lacks reliability or objective analysis.

Rather than increasing the pressure for reforms, it seems more likely to be characterised as little more than a lobbyist document that is best ignored.

For example, in previous years, Canadian officials have done little more than express disappointment with the US findings. According to government documents obtained under the Access to Information Act, the Canadian Minister of Foreign Affairs has been repeatedly advised that “Canada does not recognise the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the US in our bilateral discussions.”

Frustration

Canada may move beyond behind-the-scenes discussions now that it finds itself on the Priority Watch List alongside China, Russia, and Indonesia. If so, it would likely remind the US that it is compliant with its international copyright obligations. In recent years, it responded to US pressure by becoming one of the few countries to enact anti-camcording legislation. Law enforcement has prioritised intellectual property cases and the law contains tough statutory damages provisions that are regularly used by rights holders to obtain significant judgments.

Moreover, grouping Canada together with high-piracy nations does not stand up to even mild scrutiny. The Business Software Alliance’s 2008 statistics show that among the 11 other countries on this year’s Priority Watch List for which data is available, the lowest rate of software piracy is 66%. By comparison, Canada stands at 32%, not remotely close to any other country on the list. In fact, Canada’s software piracy rate is lower than all 46 countries named in the Special 301 report.

Similarly, 2008 data from the US Customs and Border Protection Agency on intellectual property seizures reports that Taiwan and South Korea rank fourth and fifth as sources of seized goods (China is number one), yet both were dropped this year from the Watch List. By comparison, Canada does not even appear in the rankings.

Frustration with the list is not limited to Canada. Israel was one of twenty countries to submit briefs to the US defending their laws and policies. The Israeli brief anticipated the criticism over the absence of anti-circumvention legislation, rules that provide legal protection for technological protection measures (TPMs).

It argued that “given the industry objections to TPM, lack of uniform implementation worldwide and its nascent obsolescence, non implementation of TPM can not be the basis for determining that a country, as in the words of the Trade Act of 1974 (19 USC 2242) ‘denies adequate and effective protection of intellectual property rights or deny fair and equitable market access to US persons who rely on intellectual property protection.’”

Questionable findings

The US ignored the argument (and its own law) and placed Israel on the Priority Watch list.

US officials similarly dismissed Finland’s and Italy’s brief.

Given the US relies heavily on the IIPA report in compiling its list, the lobby group’s claims were also heavily criticised by many countries including Poland, Spain, and South Korea. For example, Spain stated that the “arbitrary conclusions are drawn in this report which on numerous occasions offends Spanish Government action.”

The Special 301 Report does more than just anger US allies. It also calls into question their ongoing support for US international intellectual property policies such as the negotiation of the Anti-Counterfeiting Trade Agreement and the proceedings at the World Trade Organisation against China over its copyright rules.

In targeting so many countries with questionable findings, the US has now sent a message that this support is not good enough. Copyright law may be in need of reform in many countries, but new laws should come on their terms and in their national interest, not as a result of misleading and inaccurate bully tactics.

USTR – USTR Releases 2009 Special 301 Report

Hungary will remain on the Watch List in 2009. Hungary’s National Board Against Counterfeiting and Piracy, established in January 2008, has promoted collaboration on IPR issues between the Government and the private sector, and issued a two-year IPR strategy to combat counterfeiting and piracy. The United States urges Hungary to take concrete steps to implement its IPR strategy and to improve its IPR enforcement regime. Further improvements are needed to ensure that prosecutors follow through with cases against IP infringers, and that judges are encouraged to impose deterrent-level sentences for civil and criminal IP infringement.

U.S. copyright industries also report that Internet piracy in Hungary is a major problem, and note that the Hungarian Government should provide adequate resources to its law enforcement authorities to combat IPR crime, especially on the Internet. The United States will continue to work with the Hungarian Government to address these IPR concerns.

Yahoo! Finance

A defense lawyer in the Pirate Bay file-sharing case said Thursday he will demand a retrial after the judge admitted he was a member of copyright protection organizations.

A Stockholm court last week convicted four men behind the notorious Web site of helping others commit copyright violations and gave them one-year prison sentences.

They also were ordered to pay damages of 30 million kronor ($3.6 million) to entertainment companies, including Warner Bros., Sony Music Entertainment, EMI and Columbia Pictures.

Peter Althin, who represented Pirate Bay spokesman Peter Sunde in the case, said he would request a retrial after Judge Tomas Norstrom confirmed Swedish Radio reports that he was a member of two Swedish copyright groups.

Althin said that constituted a conflict of interest, especially considering that three people who represented the entertainment industry during the trial also held membership in one of the organizations.

Technet

A Svédországban megalakult, önmagát Kalóz Pártnak nevező csoport elsősorban azok támogatására számíthat, akik a szellemi termékek megosztása, letöltése és másolása ellen kiszabott szigorú büntetések ellen tiltakoznak.

Mint az EUobserver írja, a svédek több mint 10 százaléka vesz részt valamilyen hálózati fájlcserélő tevékenységben, a 26-35 éves férfi korosztály esetében az arány eléri az 56 százalékot. Ez azt jelenti, hogy akár 1,3 millió is lehet azoknak a száma, akiket a bűnözővé nyilvánítás fenyeget.

A hobbikalózok a legkülönfélébb foglalkozási, képzettségi és korcsoportból kerülnek ki, ezért rendszeresen figyelik a szerzői jogok szabályozása terén történő változásokat, és várhatóan támogatni fogják a „hálózati radikálisokként” ismert jelölteket a júniusi európai parlamenti választásokon.

A Kalóz Párt fő célja az on-line kultúra vívmányainak díjtalan használata. Ennek részeként a párt követeli a copyright szabályozás alapvető megreformálását, a szabadalmi rendszer eltörlését, valamint az állampolgárok magánéletének és adatainak háboríthatatlanságát. A KP szerint ezek a célok megvalósíthatóak a mai Európában.

A Kalóz Párt növekvő népszerűségét jelzi, hogy támogatói és aktivistái száma messze meghaladja a Svédországban hagyományosan népszerű környezetvédő szervezetekét. A kalózjelöltek azt is remélik, hogy az EP-választásokon nagy létszámban tudnak mozgósítani olyan választókat is, akik egyébként passzívan viszonyulnak az uniós ügyekhez.

Newswise Business News

Abolishing patent and copyright law sounds radical, but two economists at Washington University in St. Louis say it’s an idea whose time has come. Michele Boldrin and David K. Levine see innovation as a key to reviving the economy. They believe the current patent/copyright system discourages and prevents inventions from entering the marketplace. The two professors have published their views in a new book, Against Intellectual Monopoly, from Cambridge University Press.

“From a public policy view, we’d ideally like to eliminate patent and copyright laws altogether,” says Levine, John H. Biggs Distinguished Professor of Economics. “There’s plenty of protection for inventors and plenty of protection and opportunities to make money for creators. It’s not that we see this as some sort of charitable act that people are going to invent and create things without earning money. Evidence shows very strongly there are lots of ways to make money without patents and copyright.”

Levine and Boldrin point to students being sued for ‘pirating’ music on the internet and AIDS patients in Africa dying because they cannot afford expensive drugs produced by patent holders as examples of the failure of the current system. Boldrin, the Joseph Gibson Hoyt Distinguished Professor in Arts & Sciences and Chair of the economics department says, “Intellectual property is in fact an intellectual monopoly that hinders rather than helps the competitive free market regime that has delivered wealth and innovation to our doorsteps.”

The authors argue that license fees, regulations and patents are now so misused that they drive up the cost of creation and slow down the rate of diffusion of new ideas. Levine explains, “Most patents are not acquired by innovators hoping to protect their innovations from competitors in order to get a short term edge over the rest of the market. Most patents are obtained by large corporations who have built portfolios of patents for defense purposes, to prevent other people from suing them over patent violations.”

Boldrin and Levine promote a drastic reform of the patent system in their book. They propose the law should be restored to match the intent of the U.S. Constitution which states: Congress may “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writing and discoveries.”

They call on Congress to reverse the burden of the proof on patent seekers by granting patents only to those capable of proving that:

• their invention has social value

• a patent is not likely to block even more valuable innovations

• the innovation would not be cost-effective absent a patent

The authors acknowledge that such drastic reform is unlikely and outline an incremental approach for Congress to gradually reduce the scope of patents, regulation and licensing.

Nevertheless, their call for changing the system is urgent. The economists compare intellectual monopoly (patents) to medieval trade monopolies which were proven to be economically detrimental. They write, “For centuries, the cause of economic progress has identified with that of free trade. In the decades to come, sustaining economic progress will depend, more and more, on our ability to progressively reduce and eventually eliminate intellectual monopoly.”

Professors Boldrin and Levine maintain a blog on this topic: www.Againstmonopoly.org.

TorrentFreak

The global amount used by IFPI on lobbying and fighting piracy is £75 million.

O’Reilly Radar

That’s pretty much my view, too. DVDs (mentioned in the note at the start) became a big boon for the studios, once their crazy ideas about self-destructing Divx discs went the way of the Dodo. The studios have a very long history of betting against technology people want, and on technology people don’t want. This is just another such case. The technology people want always wins in the end — no duh — and usually benefits the businesses who fought that technology to the death. Here’s hoping the technology people want — Boxee — doesn’t wind up benefiting the studios fighting it now.

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