WSIS C2C / CàC SMSI : P2P, or no P2P? Is that really the question?

At the WSIS there will no doubt be a great debate regarding the future of P2P. I'm sure there will be the usual binary arguments for and against any kind of restraining orders. Academics and organizational (commercial and nonprofit and even some grassroots) representatives will have it out on this one, possibly missing the point...I'm wondering if all of us information gladiators haven't been misguided into focusing on issues pertaining to control and legality.

The dubious framing around this issue currently reads something like this:
"P2P opens the net to piracy and other forms of infringement on copyright and private property (intellectual and otherwise)...What should we do about this?" Ensuring the debate will focus on the issues of control and legalities.

That would be a lot like considering the Gutenberg Press in 1455 and saying, "This contraption will lead to widespread dissemination of heretofore secured information...What should we do about this?"

(Interesting to note that by selling bibles Gutenberg perhaps ushered in a primeval model for today's form of capitalism...but that's another story.)

Sure enough some doomsayers were all for busting up Gutenberg's machine to secure state/church control. But aren't we today grateful that the press and the interests of the greater good prevailed, winning out over those controlling interests of the day? A revolution ensued, and societies were transformed.

On the cusp of this revolutionary crisis, it is essential that we REFRAME the P2P issue. For instance, it might go something like this:
"P2P represents an evolutionary pinnacle for democracy and technology--Imagine...the free flow of information, exchange and access! So now, how do we secure and entrench these great potentials for our future, in the face of these tired twentieth century concept-controls like 'copyright' and 'intellectual property'?"

In the twenty-first century many of us recognize that the times they are a'changin...again. Concepts like copyright are destined to become archaic, given the foreseeable future potential of convergence, don't you agree? Unless, of course, there are controls...

And who are the real winners, if controls are put in place? The usual suspects, the grande ol' capitalists of yesterday, representing our current church and state combined... To curb the P2P potential of the web would be like granting Fox Network an indefinite lease to occupy 10% of the web, if my percentage-maker-upper is anywhere near accurate. Think about it.

Copyright is not the issue. It's about control. It's time to reframe the P2P debate.

The question is not what to do about P2P in the light of copyright, but what to do with copyright in the light of P2P.

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Where is the debate on IP at Wsis?

by Wsis NetiZen on 2005, Novembre 16 - 6:05am

13 November 2005
IP Justice at World Summit in Tunis
UN Sidelines IPR-Reform & Digital Rights
(Tunis) IP Justice is participating in the United Nations' World Summit on the Information Society (WSIS) in Tunis from 14-19 November 2005.
IP Justice is at WSIS to raise awareness about the harm to traditional civil liberties, such as freedom of expression and privacy rights, caused by the current international trend of expanding IP rights.

In this second and final WSIS summit, international leaders meet to discuss issues such as "Internet governance" and "bridging the gap in the digital divide". IP Justice will address the WSIS General Plenary and has organized two WSIS panel discussions to discuss WIPO-reform and P2P file-sharing.

IP Justice Executive Director Robin Gross was nominated by the WSIS Civil Society Secretariat to address the WSIS General Plenary during the Tunis Summit. Ms. Gross is perhaps the only speaker to address the plenary who advocates for the reform of intellectual property rights (IPR), which have been skewed in favor of IPR holders and against the public interest.

"Large entertainment companies' fear of Internet piracy has triggered an over-reaction that is among the greatest threats to our digital rights," said Robin Gross, Executive Director of IP Justice, an international civil liberties organization.

Unfortunately the topic of the proper balance in setting intellectual property rights has been largely ignored throughout WSIS. Considering the fact that IPR is one of the most important issues shaping both laws and technologies in the information society, its absence in WSIS debates is troubling. Stanford University Law Professor Lawrence Lessig reports that he was explicitly told that he could not discuss intellectual property rights at a recent WSIS preparatory meeting.

How can the recognized excesses in IP rights be too controversial of a topic for the United Nations to consider? Some worry that the UN has little incentive to highlight problems at the World Intellectual Property Organization (WIPO), the UN's own Specialized Agency that convenes treaties to set IP rights.

One controversial issue surrounding WSIS, which is being widely discussed, is the UN's decision to hold the Summit in Tunisia. The Tunisian government is renowned for its harsh treatment of bloggers and other online journalists who criticize the policies of Tunisian authorities. Internet access is highly restricted by the government and many websites are simply unreachable. Tunisians face imprisonment for questioning their government's treatment of civil liberties. Since the United States Government is desperate for a political ally in the region, it will not intercede in Tunisia's human rights violations.

Robin Gross stated, "I plan to take full advantage of the 'diplomatic immunity' I am granted as a UN Summit attendee to discuss the importance of freedom of expression. The right to discuss unpopular opinions or question government policies is a fundamental human right guaranteed under the Universal Declaration of Human Rights. Unfortunately, I'll have more freedom to speak in Tunisia than Tunisians are granted by their own government."

Certainly one of the most important issues at the Tunis Summit is the future of "Internet governance". The US has historically controlled root access to the Internet, but the international community is growing increasingly uncomfortable with US dominance in cyberspace. Some predict that WSIS may lead to the creation of a new international body to rival the US Commerce Department's Internet Corporation for Assigned Names and Numbers (ICANN) for control over the root. The European Union recently joined a broad coalition of countries including Brazil, China, and Russia that advocate for a transfer of power to an international entity.

"Despite legitimate concern over US dominance, the replacement with a highly bureaucratic entity to manage the Internet with even fewer guarantees of freedom of expression seems to be 'a remedy worse than the disease'", said Robin Gross.

Stay tuned for more from WSIS ....

IP Justice Executive Director Robin Gross to address WSIS General Plenary on Friday 18 November 2005 at 12:00 (approx).
Live webcast available here:
http://www.itu.int/wsis/tunis/webcast/index.asp

IP Justice WSIS parallel event panel discussion:
"The Role of WIPO and NGO's to Balance Intellectual Property Rights"
16 November Thursday (15:00-17:00) ~ Room Goulette in Kram PalExpo
IP Justice Executive Director Robin Gross moderates the panel discussion
More detailed info on panel here:
http://www.ipjustice.org/WSIS/WIPOpanel.shtml

WSIS parallel event panel discussion:
"P2P File-Sharing, Digital Rights, and e-Democracy"
17 November Thursday (17:00-19:00) ~ Room Sousse in Kram PalExpo
IP Justice Executive Director Robin Gross moderates the panel discussion
More detailed info on panel here:
http://www.ipjustice.org/WSIS/P2P_panel.shtml

IP Justice WSIS Information and Analysis:
http://www.ipjustice.org/WSIS/

Official WSIS Website:
http://www.itu.int/wsis/

Contact: Robin Gross
robin @ ipjustice.org

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P2P and Open courseware

by Wsis NetiZen on 2005, Novembre 16 - 5:34am

Related:
Parallel Event on Widening Access to Knowledge through Open Sharing: The Growing Opencourseware Movement
Monday, 14 November 2005, 15.00-19.00
Saint Augustin Conference Room, Kram Expo Centre
Draft Agenda
15.00- 15.30 Keynote address
Speaker: Peter Smith, Assistant Director-General for Education, UNESCO
15.30- 16.40 Setting the Context: The World of Open Educational
Resources
Moderator: Marshall Smith, Education Program Director, William and Flora
Hewlett Foundation
Panelists
o Derek Keats, Executive Director of Information and Communication
Services, University of the Western Cape
o Lawrence Lessig, Professor, Stanford Law School and Harvard Law School
o Mike Pereira, Managing Editor, Development Gateway

16.40- 17.50 The Growing International Opencourseware Movement
Moderator: Shigeru Miyagawa, Professor and Faculty Advisor, MIT
OpenCourseWare
Panelists
o Divina Frau Meigs, Professor, Université Paris 3-Sorbonne
o James Yager, Senior Associate Dean of Academic Affairs, Johns Hopkins
University
o Professor from the Japan OCW Consortium

17.50- 19.00 Benefits and Challenges to Using and Adapting
Opencourseware Materials
Moderator: Brendan Barrett, Academic Programme Officer, UNU

Panelists
o Kuzvinetsa Peter Dzvimbo, Rector, African Virtual University
o Elizabeth Longworth, Director of the Information Society Division,
UNESCO
o Professor from the China OCW Consortium
=============================================================

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P2P targeted by industry group ( IFPI )

by Wsis NetiZen on 2005, Novembre 16 - 2:15am

Is this an issue on the agenda at Wsis 2? Here are some facts for background:

FPI press release http://www.ifpi.org/site-content/press/20051115.html
Breakdown of legal cases against illegal file-sharing http://www.ifpi.org/site-content/press/20051115h.html
MGM v. Grokster http://www.eff.org/IP/P2P/MGM_v_Grokster/
JURIST November 15

The International Federation of the Phonographic Industry (IFPI) on Tuesday announced that it has launched its largest international wave of legal action against illegal online file-sharing. This latest push targeted 2,100 alleged uploaders using peer-to-peer networks in 16 nations including the UK, France, Germany and Italy, and first-time nations Switzerland, Sweden, Argentina, Singapore and Hong Kong. This brings IFPI's number of cases outside the US since March 2004 to more than 3,800. In the US, civil lawsuits have been brought against more than 15,597 people since September 2003 with 3,590 settlements. The Recording Industry Association of America in September filed an additional 750 lawsuits against individual file-sharers and, earlier this month, file-sharing software developer Grokster agreed to shut down its operations in order to settle an online piracy lawsuit.

Legal fight hits 'music pirates'

The global recording industry has launched its largest wave of legal action against people suspected of sharing music files on the internet.

BBC NEWS 2005/11/15 http://news.bbc.co.uk/go/pr/fr/-/2/hi/entertainment/4438324.stm

The latest move targeted 2,100 alleged uploaders using peer-to-peer (P2P) networks in 16 nations including the UK, France, Germany and Italy.

File-sharers in Switzerland, Sweden, Argentina, Singapore and Hong Kong are also facing cases for the first time.

Thousands of people have agreed to pay compensation since the campaign began.

The number of cases brought by the International Federation of the Phonographic Industry (IFPI) outside the US since March 2004 now stands at more than 3,800.

In the US, civil lawsuits have been brought against more than 15,597 people since September 2003 and there have been 3,590 settlements.

'Significant escalation'

The IFPI said users of P2P networks including FastTrack, Gnutella, eDonkey, DirectConnect, BitTorrent, WinMx and SoulSeek were facing action.

Countries targeting file-sharers
Argentina, Austria, Denmark, Finland, France, Germany, Hong Kong, Iceland, Ireland, Italy, Japan, Netherlands, Singapore, Sweden, Switzerland, UK, US

"This is a significant escalation of our enforcement actions against people who are uploading and distributing copyrighted music on p2p networks," said IFPI chief John Kennedy.

"Thousands of people - mostly internet-savvy men in their 20s or 30s - have learnt to their cost the legal and financial risks involved in file-sharing copyrighted music in large quantities."

Court rulings

Individual cases are generally brought by the national associations representing the recording industry, and in some cases by the labels, as civil complaints.

In some nations, including Italy and Sweden, file-sharers are subject to criminal prosecutions.

The UK record industry has so far brought 97 cases, with a further 65 covered by the latest action.

More than £140,000 in compensation has been paid to the British Phonographic Industry by 71 individuals. Those who fail to resolve cases face civil court action.

The IFPI announcement comes after court rulings in the US, Australia and South Korea found P2P services can also be held liable for downloading by their users.

Earlier this month, US file-sharing group Grokster agreed to halt distributing its software to settle a long-running copyright case launched by the entertainment industry.
© BBC MMV

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P2P events at Wsis 2

by Wsis NetiZen on 2005, Novembre 16 - 5:30am

DNA: You might wan to consider some of the events at Wsis 2. Here's one from IP Justice ( a member of the Global Internet Liberty Campaign held as part of CSIS:
"P2P File-Sharing, Digital Rights, and e-Democracy"
17 November 2005, Thursday (17:00 - 19:00)
in Salle SOUSSE
of Kram Exhibition Center at WSIS in Tunis
Moderator:
ROBIN GROSS, IP Justice Executive Director
Speakers:
MICHAEL GEIST, Research Chair in Internet & E-commerce Law at University of Ottawa (Canada)
MARKUS BECKEDAHL, Director of netzpolitik.org (Germany)
HEATHER FORD, Director of Creative Commons South Africa (South Africa)
CEDRIC LAURANT, Director of International Privacy Project at Electronic Privacy Information Center (USA)

Questions the panel will explore include:
~ Is it legal to share music or movies using P2P over the Internet?
~ How are courts and national legislatures dealing with P2P file-sharing?
~ What are the privacy rights implications of P2P technologies?
~ How are artists using P2P to promote their careers?
~ Is Hollywood's reaction to P2P endangering traditional civil liberties?
~ How can P2P encourage democratic participation?

Questions regarding this WSIS parallel event should be directed to robin@ipjustice.org.
This announcement may be redistributed in its entirety and is available online at http://www.ipjustice.org/WSIS/P2P_panel.shtml

IP Justice principles include:
1. We reserve the right to control our individual experience of intellectual property.
2. Creators deserve to be compensated.
3. We reserve our right to make private copies of lawfully acquired intellectual property.
4. Technology and information that enable the exercise of rights should be lawful.
5. "Copy Rights" come with "Copy Responsibilities."
====================================================================

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Moderated by the Moderated

by DnA on 2005, Novembre 16 - 2:31pm

How can a panel meant to discuss the future of IP and Internet control be fairly moderated by one (Robin Gross) who has already signed on to a very defined agenda regarding same?

Visit the IP JUSTICE website:
http://www.ipjustice.org/about.shtml
to read their principles and mission statement, then ask yourself:
Do they represent YOUR interests?

Again, WHOSE interests are being preserved? That of Libertarian NGO's? Or Corporations?
As a writer and multi-media artist I mix with many other cultural and intellectual contributors. Most (not all) but most of them have far greater concerns in their day-to-day life than securing "intellectual property rights"...

For that matter: Relatives of mine made significant contributions to the design and construction of the Panama canal...Shouldn't I be getting a kickback, then, on every ship that passes through that port? Other relatives played key roles in the development and growth of General Electric...perhaps I should be getting a rebate on my electricity bill? Somehow it doesn't work that way.

Interested "STAKEHOLDERS" have already made up their minds about how to preserve the status quo. These moderations by the moderated need to be exposed for what they are. No offense to Robin Gross, whose work I am not familiar with. But really, as moderator he can not be expected to realistically channel progressive POSSIBILITIES around these issues. His own team has too much riding on this.

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What do you suggest dear DnA?

by Wsis NetiZen on 2005, Novembre 16 - 2:38pm

If your friends have much greater interests, then I suppose they will not be surprised to wake up and find themselves without some rights.

That is why some of us work collectively - we try to make sense, and then take action.

But we in this apce spend time trying to act on democratic infrastructure, 'cause once it is gone, it is gone just as surely as creator rights may be gone.

Why should you get $$ from panama? The logic is not clear here

What is your point?

Have you something constructive to suggest?

Is the word stakeholder the issue?
I prefer citizen but this is not always the best sense. Is that it?

Would like to get your point, but I am not sure you have made it yet.

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