✍ OSI Opposes BBC DRM

§ The Open Source Initiative Board has added OSI to the list of organizations asking that the BBC not be allowed to add digital restriction measures to digital broadcasts in the United Kingdom. The BBC’s request to do so is being reviewed by the UK regulator, OfCOM, and OSI is supporting the position statement from the UK’s Open Rights Group and encouraging others to do likewise.

Read more…

☂ ACTA Roundup

§ I’ve had a few listeners to FLOSS Weekly write and ask for more information on the ACTA negotiations. There is plenty of information on the web, but a getting-started guide might help.

Here’s a list of references to get you up to speed.

What action can you take?  Here are some suggestions:

ACTA is legislation laundering on an international level of what would be very difficult to get through most Parliaments

Stavros Lambrinidis, Member of European Parliament, S and D group from Greece.

If you have more references, add them in the comments below please.

✍ Actually I Do Care

§ There was an article on Boing Boing over the weekend that includes a leaked copy of an e-mail sent by Richard Mollett, head of BPI (that’s the UK’s version of RIAA). He provides his key constituents with a round-up on news on the Digital Economy Bill, the legislative omnibus for all that’s bad in ACTA and the UK’s equivalent of the DMCA. Apparently, Mollet believes there is no groundswell of opposition for the Digital Economy Bill and that MPs will just wave it through for lack of popular concern. Continue reading

✍ Software Freedom Has A Posse

OSfA Logo§ Software freedom has a posse – in Washington DC, at least.

You’ll recall I posted a long analysis of the sick position the IIPA took urging the US Trade Representative (USTR) to discriminate against countries around the world if they have a preference for software freedom. That analysis become an input for the excellent position statement, written collaboratively by the OSI Board and posted by OSI President Michael Tiemann, calling for action by national groups.

I hear today that this has indeed resulted in positive action in Washington DC. Campaigning group Open Source for America issued a press statement yesterday, and wrote a two page position statement that they submitted to USTR. I gather they also met personally with a USTR representative to assert the position on behalf of America’s open source communities. I’m pretty sure this is the first time open source has been actively represented in Washington – about time!

This is an excellent development – kudos to the team that made it happen. We formed OSfA so that software freedom would have a political posse in Washington DC, and this first outing has shown that was the right move.

✍ Condemning Developing Nations By Deception

Turkey Vulture§ A recent blog posting at The Guardian about the US “Special 301” rules has generated deep concern around the global open source community. It points (via a blog posting by Edinburgh University law lecturer Andres Guadamuz) to this year’s recommendations from the controversially-named International Intellectual Property Alliance, which describes itself as “a private sector coalition… of trade associations representing U.S. copyright-based industries” – namely

“the Association of American Publishers (AAP), the Business Software Alliance (BSA), the Entertainment Software Association (ESA), the Independent Film & Television Alliance (IFTA), the Motion Picture Association of America (MPAA), the National Music Publishers’ Association (NMPA) and the Recording Industry Association of America (RIAA)”.

As well as representing a group of organisations with dreadful reputations for disregarding citizen liberty and victimising customers, the organisation’s activities involve engagement with WIPO, activity over TRIPS and ACTA and this “Special 301” review. That is certainly enough to make each of their statements subject to scrutiny. IIPA provides a vehicle that allows companies who are members of its member organisations – that’s a double-opaque arrangement – to exercise influence without accountability and with deniability. Continue reading

✍ By Its Fruit

Tree stump with bracket fungi§ Where are all the bad laws coming from?

One of the worst things you can find in your home is the surface signs of fungal growth, especially the fruiting bodies of “dry rot”. The fungus itself is bad enough, but its appearance tells you something even more worrying; that the structure of the building is riddled with an invisible infection. The first thing you see is the terrible fungi; they tell you it’s time to treat the infection.

For a considerable time, we have been seeing the “fruiting bodies” appearing all over the world’s legislatures. Country after country has seen smart politicians attempting to introduce laws that are complex for the average citizen to understand. They sound plausibly necessary when famous musicians or media impresarios call for a cure for “theft” and beg us all to think of them, in rags on the streets in retirement busking to live because organised criminals with baby faces have stolen their birthright. Continue reading

✍ Contact Your MEP!

§ A very important issue is now open in the European Parliament. As former MEP David Hammerstein writes, a cross-party group MEPs (a conservative, a liberal and two socialists) has proposed a written declaration by the full Parliament setting parameters for the acceptability of the Anti-Counterfeiting Trade Agreement, ACTA.

Here is the text:

Written declaration on the lack of a transparent process and potentially objectionable content concerning the Anti-Counterfeiting Trade Agreement (ACTA)
The European Parliament,

– having regard to Rule 123 of its Rules of Procedure,

A. Whereas the ongoing negotiations concerning the Anti-Counterfeiting Trade Agreement (ACTA).
B. Whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents guaranteed by the Lisbon Treaty,

1. Considers that the proposed agreement should not indirectly impose harmonisation of EU copyright, patent or trademark law. The principle of subsidiarity should be respected,

2. Declares that the Commission should immediately make all documents related to the ongoing negotiations publicly available.

3. Takes the view that the proposed agreement should not force limitations upon judicial due process nor weaken fundamental rights such as freedom of expression and the right to privacy.

4. Stresses that the evaluation of economic and innovation risks must take place prior to introducing criminal sanctions where civil measures are already in place.

5. Considers that Internet service providers should not bear liability for the data they transmit or host through their services to an extent that would imply prior surveillance or filtering of such data.

6. Points out that any measure aimed at strengthening powers for cross-border inspection and seizures of goods should not harm global access to legal, affordable and safe medicines.

7. Instructs its President to forward this declaration, together with the names of the signatories, to the Commission, the Council and the parliaments of the Member States.

If the written declaration is signed by the majority of EP members it will become the official opinion of the European Union’s elected representatives. This declaration needs to be physically signed by the majority of the Members of the European Parliament within three months. Please contact your MEP now (British voters can use WriteToThem) and ask them to sign.