[WSIS CS-Plenary] Fw: [bytesforall_readers] Lawrence Lessig on US-WIPO conflict over open source

[Alan G. Alegre]

>From the Bytes for All list (just posted it to the WSIS Asia CSO list)

> ==========================================
>    Date: Fri, 22 Aug 2003 19:05:06 +0200
>    From: "Darius Cuplinskas" <cuplinsk at OSI.HU>
> Subject: Lawrence Lessig on US-WIPO conflict over open source
>
>
> the extremists in power
> Lawrence Lessig
>
> http://www.lessig.org/blog/archives/001436.shtml
>
>
> I don't even know how to begin this story, so stupid and extreme it is.
>
> The World Intellectual Property Organization (WIPO) was convinced by Jamie
> Love and others to hold a meeting about "open collaborative models to
> develop public goods." One of those models is, of course, open source and
> free software. Lobbyists for Microsoft and others apparently (according to
> this extraordinary story by Jonathan Krim
> <http://www.washingtonpost.com/wp-dyn/articles/A23422-2003Aug20.html>)
> started lobbying the US government to get the meeting cancelled. No
surprise
> there.
> Open source and free software is a competitor to MSFT's products.
> Lobbying is increasingly the way  competition is waged in America.
>
> But the astonishing part is the justification for the US opposing the
> meeting. According to the Post, Lois Boland, director of international
> relations for the U.S. Patent and Trademark Office, said "that open-source
> software runs counter to the mission of WIPO, which is to promote
> intellectual-property rights." As she is quoted as saying, "To hold a
> meeting which has as its purpose to disclaim or waive such rights seems to
> us to be contrary to the goals of WIPO."
>
> If Lois Boland said this, then she should be asked to resign. The level of
> ignorance built into that statement is astonishing, and the idea that a
> government official of her level would be so ignorant is an embarrassment.
>
> First, and most obviously, open-source software is based in
> intellectual-property rights. It can't exist (and free software can't have
> its effect) without it. Second, the goal of WIPO, and the goal of any
> government, should be to promote the right balance of
> intellectual-property  rights, not simply to promote intellectual property
> rights. And finally, if  an intellectual property right holder wants to
> "disclaim" or "waive" her  rights, what business is it of WIPOs? Why
> should WIPO oppose a copyright or  patent rights holder's choice to do
> with his or her rights what he or she  wants?
>
> These points are basic. They should be fundamental. That someone who
> doesn't understand them is at a high level of this government just shows
> how extreme IP policy in America has become.
>
>
> [see also the lively discussion following the post on Lessig's weblog]
>