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WIPO saves webcasting for later

The latest round of WIPO negotiations on a broadcasting treaty, which took place at the start of May, ended somewhat inconclusively. As the US pet proposal of including "webcasting" monopoly powers in the treaty held up everything else, the negotiators agreed to schedule yet another preparatory meeting for September before deciding to hold a formal diplomatic conference, where the proposed treaty would be fine-tuned and adopted.

The controversial "webcasting" proposal was put on a separate negotiating track, for now. What this means is uncertain, as usual with WIPO. But for now, it probably is good news. Read more at EFF Deeplinks, where Gwen says:

Even if webcasting and simulcasting are out, the remaining
"traditional" broadcasting and cablecasting treaty is still bad news.
It will be detrimental for technology innovation. It includes
broadcaster technological protection measures that will require
technology mandate laws like the U.S. FCC Broadcast Flag regulation
over televisions, radios and possibly even personal computers. The
treaty could create the global legal framework for tech mandate laws
that rival the proposed U.S. broadcast and digital radio flag
mandates. As EFF, Intel Corp. and many others have noted, the
combination of DRM mandates with novel rights raises serious threats
to innovative entertainment technologies.

WIPO broadcasting / webcasting treaty: Draft text published

As Thiru reports, WIPO has published a draft text for the proposed broadcast treaty. This treaty, if adopted, is going to establish a new layer of monopoly powers. Working somewhat like copyright, these monopoly powers would be given to a broadcasting institution merely for broadcasting something.

Weirdly, there is the idea of a "webcasting right": A monopoly that would be given to someone for spreading content on the web.  

Richard Stallman has aptly described (.pdf, see p. 6) these powers as "skunk odor powers":

So what kind of power is it?  I think it is like the power of skunk odor: it sticks 
to whatever it touches, and once it's on you, you practically can't get it off.  So
how about "skunk odor power"?

Well, what would this power look like? Would I be given a sort of copyright on Richard's quote above, just for redistributing it here? As I said: Weird. 

Though this "webcasting right" is only a voluntary opt-in, its adoption by a few major players (EU, US, Japan) would in practice make it mandatory for everyone. 

Now Thiru tells me that WIPO has published two texts: One "Draft Basic Proposal" and one "Working Paper". The first one is the "Winners" paper, where the things go that the WIPO Secretariat wants in the treaty. The second is the "graveyard" paper, where all the ideas go that don't suit the Secretariat (or those most effectively lobbying them).

There seems to be little logic behind the decision about which idea was put into which paper - unless one would assume that anything the US wants goes in. Proposals by Brazil and Chile, concerning the protection of competition and the public domain, didn't make the winners paper.


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