[WSIS CS-Plenary] Controversy over WIPO meeting on open collaborative models to develop public goods

[Thomas Ruddy]

List readers,
I have now placed links to relevant publications which
are otherwise hard to assemble. They include a
discussion with 76 comments to Lessig's statement.
Scroll down to the WIPO meeting date "September 22 to
October 1" on this
http://www.wsis.ethz.ch/calendar.htm
Thomas Ruddy

--- "Alan G. Alegre" <alalegre at fma.ph> wrote:
> Posted this earlier on another list, apropo to
> Thomas Ruddy's earlier post
> 
> > FYI
> >
> > ----- Original Message -----
> > From: Michael Gurstein <mgurst at vcn.bc.ca>
> > >
> > > -----Original Message-----
> > > From: random-bits-admin at venice.essential.org
> > >
> > >
> > > August 19, 2003. Technology Daily PM Edition
> > >
> > > --
> > > Intellectual Property
> > > Global Group's Shift On 'Open Source' Meeting
> Spurs Stir
> > > by William New
> > >
> > > A request for a meeting on open development
> issues has plunged the
> > > Geneva-based World Intellectual Property
> Organization (WIPO) into a
> > > Washington political battle, causing it to shift
> its position on the
> > > issue.
> > >
> > > At issue is whether WIPO should hold a meeting
> next year on "open and
> > > collaborative projects" such as "open source"
> software, which allows
> > > users to view and modify underlying code.
> > >
> > > The meeting was proposed in a July 7 letter sent
> to WIPO Director
> > > General Kamil Idris by 68 distinguished
> scientists, academics,
> > > technologists, open-source advocates, consumer
> advocates, librarians,
> > > industry representatives and economists
> worldwide.
> > >
> > > Although the letter cited a broad range of open
> collaborative projects
> > > such as the World Wide Web and the Human Genome
> Project, the fight has
> > > focused on open-source software and on one
> signer of the letter -- James
> > > Love, director of the Consumer Project on
> Technology, who has actively
> > > pushed for the meeting.
> > >
> > > WIPO's initial response to the idea was so
> favorable that proponents
> > > began planning for a meeting. After receiving
> the letter, Francis Gurry,
> > > WIPO's assistant director and legal counsel,
> e-mailed a statement to a
> > > Nature magazine reporter calling such open
> development models "a very
> > > important and interesting development."
> > >
> > > "The director general of WIPO looks forward with
> enthusiasm to taking up
> > > the invitation to organize a conference to
> explore the scope and
> > > application of these models as vehicles for
> encouraging innovation," he
> > > wrote.
> > >
> > > But a few weeks later, WIPO backed off the idea.
> Gurry said he and other
> > > WIPO officials received "many calls" from
> consumer groups, trade
> > > associations, professional associations and
> representatives from
> > > governments.
> > >
> > > "What happened in the intervening weeks is that
> a request for an open
> > > discussion on a range of 'projects' became
> transformed into an
> > > increasingly domestically, as opposed to
> internationally, oriented,
> > > polarized political and trade debate about one
> only of those 'projects',
> > > namely open-source software," Gurry told
> National Journal's Technology
> > > Daily on Tuesday. "In those circumstances, the
> possibility of conducting
> > > a policy discussion on intellectual property of
> the sort that might be
> > > appropriate for an international organization
> devoted to intellectual
> > > property became increasingly remote."
> > >
> > > U.S. government officials have argued that WIPO
> is an inappropriate
> > > place for such a meeting.
> > >
> > > One developing country representative to WIPO on
> Monday expressed
> > > disappointment at hearing that the meeting is in
> doubt, and Love and
> > > representatives from the Computer and
> Communications Industry
> > > Association (CCIA) were furious to learn of the
> shift. Love last week
> > > called the decision a "temporary setback," and
> vowed, "We're going to
> > > make this happen." But for meeting opponents, he
> said, it would be "as
> > > if you made an atheist pope for the day."
> > >
> > > CCIA President Ed Black said on Tuesday: "Does
> this indicate that WIPO
> > > is abdicating authority and responsibility for
> these issues, including
> > > open source for the future? If so, we will all
> live by that, but then so
> > > must they. They should step up the plate or step
> aside. ... It is
> > > inexplicable that they would shut the door on
> what are clearly important
> > > issues."
> > >
> > >
> > > Intellectual Property
> > > U.S. Official Opposes 'Open Source' Talks At
> WIPO
> > > by William New
> > >
> > > An international intellectual property body is
> not the place for
> > > discussions about "open source" software, which
> allows users to view and
> > >
> > > modify the underlying code, because it falls
> outside of the
> > > organization's mission, a senior U.S. official
> argued on Monday.
> > > Reviewing the original mission of the World
> Intellectual Property
> > > Organization (WIPO), said Lois Boland, the U.S.
> Patent and Trademark
> > > Office (PTO) acting director of international
> relations, it is "clearly
> > > limited to the protection of intellectual
> property. To have a meeting
> > > whose primary objective is to waive or remove
> those protections seems to
> > > go against the mission."
> > >
> > > Boland was referring to a July request by a
> group of scientists,
> > > academics, open-source advocates and others for
> a meeting at WIPO on
> > > "open and collaborative projects," including
> open-source software. The
> > > WIPO secretariat initially replied favorably to
> the idea.
> > > In a telephone interview, Boland gave several
> reasons why the
> > > Geneva-based WIPO should not hold the meeting,
> including a tight budget
> > > and late scheduling. She also said WIPO's agenda
> should be driven by
> > > member nations, and the idea came from outside
> the organization.
> > > Officials from the 179 WIPO nations will convene
> in late September to
> > > decide their agenda for the next two years; the
> agenda has been in the
> > > works for months and does not include
> open-development issues. "It would
> > > have been somewhat unusual for such a meeting to
> materialize out of
> > > nothing," Boland said.
> > >
> > > In the past six months, WIPO has had to cancel
> several meetings on
> > > topics directly relevant to the organization due
> to budgetary issues,
> > > she said, adding that with those problems, the
> organization should not
> > > "go out on a limb and express receptivity" to an
> open-development
> > > meeting. U.S. government officials have had
> "informal" communications
> > > with WIPO,
> > >
> > > Boland said. A WIPO official said that since
> receiving a wide range of
> > > communications, WIPO has stepped back from the
> idea of a meeting but has
> > > not fully rejected the possibility of addressing
> the topic.
> > >
> > > The U.S. government has an interagency process
> for developing formal
> 
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