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Rip up that shrink-wrap licence

Tags:
Illicat Copying,
Cipr,
Commission On Intellectual Property Rights,
DMCA

Matt Loney ZDNet.co.uk

Published: 18 Sep 2002 11:22 BST

Most developing countries, especially the smaller ones, are net importers of copyrighted materials and the main beneficiaries are foreign rights holders, who are overwhelmingly based in rich Western nations.

International treaties such as the Berne Convention call for flexibility in copyright enforcement to allow some copying for personal educational use -- this is the "fair use" concept that all copyright laws contain. Sadly, fair use is being eroded by media and software industries too arrogant to believe that laws and international treaties apply to them.

Take Microsoft's Palladium platform, which is being developed for Digital Rights Management. Like much e-book software currently available and in development, Palladium enables to copyright holder to claim all his or her (or its) rights, but removes the fair use rights of the individual. Some products allow for an e-book, for instance, to be 'lent' from one PC or PDA to another, but this is hardly suitable for educational use. And it is entirely unsatisfactory for many in the developing world.

Some organisations are taking steps in the right direction. The extension of free online access to academic journals for developing countries is a good example of what can be achieved, says the Commission. There is also of course Project Gutenberg, the brainchild of Michael Hart, who in 1971 decided that it would be a really good idea if lots of famous and important texts were freely available to everyone in the world.

Sadly, many media organisations seem more infatuated with the idea of hacking the PCs of anyone who dares to share their intellectual property with a friend, than with aiding the spread of knowledge and art.

Indeed, software and media industries in the West prefer to avoid the issue of fair use rights in technology and if pressed, they will say there is no easy solution. But according to the Commission on IP Rights there is -- for the developing world at least: simply tip the scales back in favour of individuals and institutions who need access to software, e-books and so on for their development.

Weak levels of copyright enforcement have had a major impact on the diffusion of knowledge and knowledge products throughout the developing world, according to the Commission. The Commission is unequivocal in its assessment: stronger protection of and enforcement of international copyright rules would have a damaging effect on the ability of developing countries to develop their human resources and technological capacity.