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<title>Techdirt. Stories filed under &quot;blind&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;blind&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 12 Jun 2013 13:11:35 PDT</pubDate>
<title>How The MPAA Fought To Keep Audiovisual Materials Out Of WIPO Treaty For The Blind/Deaf; And How That's A Disaster For Education</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130608/13101023381/how-mpaa-fought-to-keep-audiovisual-materials-out-wipo-treaty-blinddeaf-how-thats-disaster-education.shtml</link>
<guid>http://www.techdirt.com/articles/20130608/13101023381/how-mpaa-fought-to-keep-audiovisual-materials-out-wipo-treaty-blinddeaf-how-thats-disaster-education.shtml</guid>
<description><![CDATA[ The MPAA has been trying to <a href="http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml">rehabilitate</a> its image concerning its <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">well documented</a> attempts to screw over the blind and the deaf in blocking the decades-in-negotiations WIPO treaty to improve access to works.  Over at KEI, Fedro De Tomassi, has a <a href="http://keionline.org/node/1738" target="_blank">detailed explanation for how the MPAA</a> fought to keep "audio-visual works" completely out of the treaty, and the massive impact it has on education.  First, he notes how frequently video is now used in the classroom:
<blockquote><i>
Since I started taking classes at St. Olaf college 3 years ago, there has not been one professor that has not used some sort of audiovisual aid during the course. I am a political science major, and the trends of using videos is no different in the humanities. For example in my Russian and Eurasian politics class, we studied the relations between the Soviet Union and its satellite states today, and the use of Youtube videos and documentary films were instrumental in giving us a better understanding of the situation. The use of videos in education has become a norm to address the needs of various types of learners as well as to complement the various tools and sources at the disposal of the professors.
<br /><br />
Videos are not used solely in the classroom, they are assigned as homework and part of the syllabus and the &#8220;reading list&#8221; of most if not all courses you have to take to get a bachelor today. Audiovisual materials also compose a large part of the library. Archival footage for example is an essential part of a history major curriculum. 
</i></blockquote>
Just last week, I had dinner with a university professor who was telling me the difficulty she had in trying to get the use of videos approved for her teaching, asking a variety of people about the copyright issues of even linking to clips online and getting back vague or contradictory answers.
<br /><br />
Fedro then points out how the MPAA made sure the treaty for the blind and the deaf turned into one just for the blind.
<blockquote><i>
In 2009, the Motion Picture Industry began to lobby the Obama Administration to narrow the treaty to "print disabilities" only, and to eliminate deaf persons as beneficiaries. By 2010, the Obama Administration took a hard line in the WIPO negotiations, backed upon by the European Union, to narrow the treaty, excluding deaf persons. This was designed to overcome political opposition from the MPAA, and the USPTO said the compromise on beneficiaries was necessary for the text to move forward. In November 2010, the WIPO SCCR agreed to separate the more "mature" issues of visually impaired and reading disabilities from "other disabilities" in its negotiations. In June 2011, a new committee sponsored negotiating text for this treaty (SCCR/24/9) defined beneficiaries in such a way that deaf persons were excluded. 
</i></blockquote>
But, that's not all.  There were still questions around "audiovisual works" and the MPAA went to work again:
<blockquote><i>
From 1985 to 2011, the various treaty proposals all would have covered any copyrighted work, including, for example SCCR/23/7, the text published in December 2011. But shortly after the MPAA was able to remove deaf persons as beneficiaries, they lobbied the Obama Administration to remove audiovisual works from the text. The Obama Administration proposed this formally in June 2012, and in December 2012, there was a deal to eliminate audiovisual works from the text, in order to get an agreement to hold a diplomatic conference in June 2013. Since nothing is set in stone in the negotiation, that decision can be changed, but it will probably require a change of position in the Obama White House, which has threatened to block the treaty if audiovisual works are included.
</i></blockquote>
The MPAA's claims that it wants this treaty passed ring pretty hollow.  It wants a completely gutted version approved at a time when audiovisual works are increasingly not just important, but necessary, for education.<br /><br /><a href="http://www.techdirt.com/articles/20130608/13101023381/how-mpaa-fought-to-keep-audiovisual-materials-out-wipo-treaty-blinddeaf-how-thats-disaster-education.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130608/13101023381/how-mpaa-fought-to-keep-audiovisual-materials-out-wipo-treaty-blinddeaf-how-thats-disaster-education.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130608/13101023381/how-mpaa-fought-to-keep-audiovisual-materials-out-wipo-treaty-blinddeaf-how-thats-disaster-education.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-serious-problem</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130608/13101023381</wfw:commentRss>
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<item>
<pubDate>Wed, 5 Jun 2013 15:40:50 PDT</pubDate>
<title>US Looking To Strip Fair Use &#038; Other Key Protections From Copyright Treaty For The Blind</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130605/06033223321/us-looking-to-strip-fair-use-other-key-protections-copyright-treaty-blind.shtml</link>
<guid>http://www.techdirt.com/articles/20130605/06033223321/us-looking-to-strip-fair-use-other-key-protections-copyright-treaty-blind.shtml</guid>
<description><![CDATA[ We had just pointed out that the MPAA is now pretending to be <a href="http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml">in support</a> of a copyright treaty for the blind, despite its lobbyists doing all sort of things to try to block it.  Now we have reports from Geneva, via Jamie Love, that the US is <a href="http://keionline.org/node/1736" target="_blank">opposing important language</a> in the treaty, which is part of the reason that it's still being held up.  First, as noted in the link above, the US is opposing the following footnote, which may seem like a small deal:
<blockquote><i>
It is understood that Contracting Parties who are members of the World Trade Organization (WTO) acknowledge all the principles and objectives of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and understand that nothing in this Treaty affects the provisions of the TRIPS Agreement, including, but not limited to, the provisions relating to anti-competitive practices.
</i></blockquote>
As Love notes, similar language has appeared in a variety of other agreements, including ACTA and the <a href="http://www.techdirt.com/articles/20120627/00392419502/us-copyright-office-mpaa-celebrate-handing-hollywood-stars-their-own-special-copyright-monopoly-powers.shtml">Beijing Treaty</a> (which would give Hollywood stars their own special copyrights).  Why is this language important?  Because TRIPS includes key provisions that allow countries to make some of their own decisions about how they implement the agreements, to protect the public's rights.  But, the content industry doesn't want that same language in this treaty, which is focused on the public's rights, because they're afraid it will, once again, open the door to countries expanding the public's rights, and pushing back on egregious copyright restrictions on those rights.
<br /><br />
As if to drive that point home, in a later update emailed from Love, he notes that the US is now also trying to get the phrase  "fair practices, dealings or uses" deleted from the following section of the treaty:
<blockquote><i>
"Contracting parties may fulfill their rights and obligations under
this Treaty through, exceptions or limitations, specifically for the
benefit of beneficiary persons,other exceptions or limitations,or a
combination thereof within their national legal traditions/systems. These may include judicial, administrative or
regulatory determinations for the benefit of beneficiary persons as to
fair practices, dealings or uses to meet their needs."
</i></blockquote>
In other words, it's just as we said the MPAA is trying to do: sure they claim they want a treaty to help the blind, but not if it includes anything even remotely suggesting an expansion of the public's fair use rights.  So, here, they're "fine" with helping the blind get access to works, but not if it's done via fair use.
<br /><br />
Incredible.<br /><br /><a href="http://www.techdirt.com/articles/20130605/06033223321/us-looking-to-strip-fair-use-other-key-protections-copyright-treaty-blind.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130605/06033223321/us-looking-to-strip-fair-use-other-key-protections-copyright-treaty-blind.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130605/06033223321/us-looking-to-strip-fair-use-other-key-protections-copyright-treaty-blind.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-helping-the-blind?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130605/06033223321</wfw:commentRss>
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<item>
<pubDate>Tue, 4 Jun 2013 09:28:25 PDT</pubDate>
<title>MPAA: Oh, Of Course We Want To Help The Blind Read More... Just As Long As You Don't Touch Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml</guid>
<description><![CDATA[ So it appears that late last week, the MPAA realized that their whole stance on trying to <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">block</a> the approval of an important copyright treaty for helping the visually impaired and the blind gain more access to works was a PR nightmare, and decided to <a href="https://nfb.org/joint-statement-national-federation-blind-president-marc-maurer-and-mpaa-chairman-senator-chris-dodd" target="_blank">put out a joint statement with the National Federation for the Blind</a>.  Apparently, Chris Dodd's initial weak attempt at claiming that it <a href="http://www.techdirt.com/articles/20130424/20141522827/chris-dodd-says-mpaa-loves-helping-blind-its-just-not-going-to-weaken-copyright-protection-to-do-it.shtml">loved helping the blind</a>, despite working hard to stop the treaty, wasn't enough.  Of course, the new "joint statement" is really more of the same when you peel back the basics.
<blockquote><i>
We fully support a Treaty that facilitates access to published works in the form of text, notation and/or related illustrations for the blind and print disabled to address the book famine wherein the blind and print disabled have access to less than five percent of published works worldwide.
</i></blockquote>
Then why have your lobbyists been the key blockade in that very agreement for years?
<blockquote><i>
The Treaty must achieve two overarching goals: creating exceptions and limitations in copyright law which allow published works to be converted into formats accessible to the blind and print disabled, and permitting accessible copies of published works to be shared across international borders. 
</i></blockquote>
Yup.  And that's what's been on the table for quite some time.  And you know who's made sure to hold it up?  Yes, the MPAA.
<blockquote><i>
Ultimately, we believe it should be for signatories to determine how they will implement the Treaty in accordance with their legal and administrative traditions.  We underscore that this important Treaty must not be a vehicle for extraneous agendas.  The goal remains, as it has been since the outset, a meaningful treaty to create greater access to published works for the visually impaired.
</i></blockquote>
Again, then you shouldn't have been blocking what's on the table for a while.  Furthermore, it's kind of funny to see the MPAA now say that it wants countries to "determine how they will implement the Treaty in accordance with their legal and administrative traditions."  Because that's the exact opposite position that the MPAA takes on other copyright efforts, like ACTA/TPP/etc. where the goal is to force the US's way on other countries.  Hell, the MPAA has spent years telling other countries they need to add "digital locks" provisions to copyright law, even when that was inconsistent with their own legal and administrative positions.  Basically, the MPAA is lying here.  They only want that "flexibility" when we're talking about giving the public more rights, because they know they have enough sway with various governments such that those governments will block any meaningful changes to copyright law to allow more access to works by the blind.
<br /><br />
From there, they list out a bunch of "core principles" that any treaty must follow, most of which are completely uncontroversial.  But the two at the end are the ones that the MPAA is really focused on is:
<blockquote><i>
4. Ensure that the treaty will be fully consistent with international copyright norms.<br />
5. Avoid addressing extraneous copyright issues not directly related to creating greater access to published works for the blind and print disabled.
</i></blockquote>
Basically, the MPAA will ensure that "international copyright norms" doesn't allow for things like fair use or other rights of the public, preferring instead to lock everything down as much as possible.  And the "extraneous copyright issues" are, basically, the rights of the public.  The MPAA's not a big fan of all that.
<br /><br />
It's great that the MPAA is now saying this kind of stuff, and it could have said all of this a couple years ago and we could have had this treaty in place way back then, because nothing they say goes against what's been on the table.  So, let's see what happens in the next negotiations, and we'll see how helpful MPAA lobbyists really are in terms of completing this process....<br /><br /><a href="http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130603/15494223299/mpaa-oh-course-we-want-to-help-blind-read-more-just-as-long-as-you-dont-touch-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-try</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130603/15494223299</wfw:commentRss>
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<item>
<pubDate>Mon, 3 Jun 2013 15:02:00 PDT</pubDate>
<title>Blind Law School Dean Explains Why We Need The WIPO Copyright Treaty For The Blind</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130519/00070723140/blind-law-school-dean-explains-why-we-need-wipo-copyright-treaty-blind.shtml</link>
<guid>http://www.techdirt.com/articles/20130519/00070723140/blind-law-school-dean-explains-why-we-need-wipo-copyright-treaty-blind.shtml</guid>
<description><![CDATA[ As <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">the MPAA</a> and <a href="https://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml">other</a> copyright maximalist organizations continue to try to block the WIPO copyright treaty for the blind, which will make it easier for blind people around the globe to be able to access creative works, I was touched by this incredible video from Ron McCallum, the former dean at the University of Sydney Law School, where he is now an Emeritus Professor. McCallum has been blind since birth, and in the video he talks about how <a href="http://www.youtube.com/watch?v=pY6ul_P70HY&#038;feature=player_embedded" target="_blank">technology changed his life</a> and allowed him to do so much -- and how important the treaty in question is, to allow that same revolution to help others, especially in less developed countries.
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/pY6ul_P70HY" frameborder="0" allowfullscreen></iframe>
</center>
It's touching and entertaining at the same time, and should make you wonder why the MPAA wants so badly to reject this treaty.  Obviously, the MPAA doesn't hate blind people, but they're so ridiculously scared of any expansion of the rights of the public (things like fair use) that they'll block any and all moves in that direction, even if the collateral damage means that other Ron McCallums around the globe won't be able to have the wonderful experiences that he did.<br /><br /><a href="http://www.techdirt.com/articles/20130519/00070723140/blind-law-school-dean-explains-why-we-need-wipo-copyright-treaty-blind.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130519/00070723140/blind-law-school-dean-explains-why-we-need-wipo-copyright-treaty-blind.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130519/00070723140/blind-law-school-dean-explains-why-we-need-wipo-copyright-treaty-blind.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>must-watch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130519/00070723140</wfw:commentRss>
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<item>
<pubDate>Wed, 29 May 2013 14:33:00 PDT</pubDate>
<title>White House Makes It Impossible For The Blind To Sign Petition Supporting Copyright Treaty For The Blind</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml</link>
<guid>http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml</guid>
<description><![CDATA[ Last week, we <a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml">discussed</a> a recent <a href="https://petitions.whitehouse.gov/petition/side-blind-over-obstructionist-companies-secure-treaty-blind-makes-books-accessible-globally/ZJtgcVph" target="_blank">We The People petition</a> at the White House, asking the administration to support the treaty for the blind, which would make it easier to access creative works for the blind by creating a few small "exceptions" to copyright law (i.e., returning rights to the public) for the sake of sharing formats that are accessible to the blind across borders.  However, some blind advocacy groups have discovered that, if you happen to be blind/visually impaired, <a href="http://www.politico.com/politico44/2013/05/blind-advocates-blast-white-house-164914.html" target="_blank">it's basically impossible to sign the petition</a>.
<blockquote><i>
The glitch, the group says, is in those often annoying tests that require users to type in a set of numbers and letters to prove they are human. On the White House web site, blind users can select an audio version of the test, but the audio is incomprehensible, according to federation spokesman Chris Danielsen.
<br /><br />
And if users want to send email notifying the White House about the problem, well, that also requires a computer-human test with garbled audio, too, he said.
</i></blockquote>
That's certainly convenient for an administration that has increasingly moved away from its earlier stance that it supported this treaty. Now, making it almost impossible for the actual stakeholders to express their opinion really <i>should</i> drive home why increased accessibility is important.  Hopefully the White House will quickly fix this bug, but more importantly, it would be nice if they actually supported the damn treaty.<br /><br /><a href="http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-isn't-that-convenient?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130529/12100423240</wfw:commentRss>
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<pubDate>Fri, 24 May 2013 15:51:00 PDT</pubDate>
<title>Petition Asks Obama To Support Treaty For The Blind, Rather Than Siding With Hollywood</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml</link>
<guid>http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml</guid>
<description><![CDATA[ During the course of President Obama's administration, he has gone back and forth over support for the WIPO treaty for the blind, which would make it easier for vision impaired people to get copies of books that they can read (allowing legally made copies to be shared across borders).  It's a pretty simple proposition, and while the White House had announced <a href="http://www.techdirt.com/articles/20091215/1813047374.shtml">support</a> for the agreement back in 2009, the people who were responsible for that position were later replaced by content industry folks, who <a href="http://www.techdirt.com/articles/20100625/0111289958.shtml">suddenly changed</a> the administration's position on the treaty.  Since then, the administration has been responsible for <a href="http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml">blocking</a> the treaty from getting done.   And, of course, we've seen the MPAA <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">celebrate</a> this lack of a treaty, because it sees <i>any</i> attempt to negotiate a treaty that includes "exceptions" to copyright (i.e., rights of the public) expanded as a problem.
<br /><br />
With the next round of negotiations set to take place soon in Morocco, a "We the People" petition has been set up to ask President Obama <a href="https://petitions.whitehouse.gov/petition/side-blind-over-obstructionist-companies-secure-treaty-blind-makes-books-accessible-globally/ZJtgcVph" target="_blank">to side with the blind, rather than the MPAA</a>.
<blockquote><i>
Less than 1% of printed works globally are accessible to the blind. This is because laws around the world bar printed material from being turned into formats useable by the blind and visually impaired, or for such material to be shared across borders.
<br /><br />
That&#8217;s why 186 countries will soon convene in Morocco to finalize a Treaty that would empower the world&#8217;s nearly 300 million blind citizens with the same rights to read, learn, and earn that the sighted enjoy. However, huge and powerful corporations &#8211; many wholly unaffected by the proposed Treaty &#8211; are working to fatally weaken it or block its adoption.
<br /><br />
Ask the President to compel US negotiators to fight for a strong Treaty that gives blind people equal access to books and doesn't burden those who want to provide them. Please sign today!
</i></blockquote>
It may be difficult to get to 100,000 signatures, but We The People petitions have previously been successful in getting the administration to come out against SOPA and against the Library of Congress' decision to say that unlocking mobile phones is a form of copyright infringement.<br /><br /><a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>where-do-you-stand</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130523/12283223188</wfw:commentRss>
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<pubDate>Mon, 20 May 2013 07:50:09 PDT</pubDate>
<title>Trade Group Representing Many Large Companies Claims That Exceptions For The Blind Would 'Cast Aside' Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml</guid>
<description><![CDATA[ As you may recall, we've recently written about the MPAA's <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">protests</a> against a treaty for the blind, as well as a <a href="https://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml">similar protest</a> from the Intellectual Property Owners Association (on that front, we heard that many members of that group never saw that letter before it was sent out, and were not happy about it).  Now there's another group sending a letter, and it's equally as ridiculous.  Business Europe, which appears to have a lot of non-European companies as members (interesting, that), has written <a href="http://keionline.org/node/1722" target="_blank">a ridiculous letter with little basis in fact</a>, arguing that this treaty for the blind would be "casting aside" the "international copyright infrastructure."
<br /><br />
Of course, it does no such thing.  All it does is provide extremely limited situations in which copyright restrictions would be limited for the sake of making it easier for vision-impaired people to access works.  They also claim that it relies on "hasty conclusions" which is flat out laughable, since the treaty has been under discussion for almost three decades, but has been regularly blocked by organizations like those mentioned above.  Business Europe's real complaint seems to be that it just doesn't like the people who like this treaty.
<blockquote><i>
... it is strongly supported by the same group of NGOs and advanced emerging economy countries that pursue a general IPR-weakening agenda at WIPO and other international forums.
</i></blockquote>
Got that?  Those who argue that providing more rights to the public support this very minor place where more rights would be provided to the vision-impaired public, and we can't have that.  No, no.  They also, rather bizarrely, claim that some countries who are likely to sign on to this treaty "do not provide any copyright protection whatsoever."  Jamie Love at KEI asks exactly which countries they're talking about.  The statement from Business Europe is nothing but fear mongering.  If a country doesn't provide any copyright protection at all, then why would it even care about a treaty whose focus is providing exceptions to copyright?
<br /><br />
The level of freakout from these giant companies over helping the blind is really quite incredible.<br /><br /><a href="http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wtf?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130517/08324323118</wfw:commentRss>
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<item>
<pubDate>Tue, 14 May 2013 00:03:00 PDT</pubDate>
<title>Colombia's Other Copyright Bill: Moving Things In The Right Direction?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130507/09544222978/colombias-other-copyright-bill-moving-things-right-direction.shtml</link>
<guid>http://www.techdirt.com/articles/20130507/09544222978/colombias-other-copyright-bill-moving-things-right-direction.shtml</guid>
<description><![CDATA[ <p>
If you wanted an indication of just how much copyright has moved on from being a dry and boring topic of interest only to a few specialist lawyers to an exciting area full of surprising twists and turns worthy of a soap opera, you could do worse than look at what's been happening in Colombia recently.
</p>
<p>
A year ago, the Colombian government <a href="https://www.techdirt.com/articles/20120413/01140518479/colombia-rushes-through-its-own-sopa-emergency-procedure-to-appease-us-ahead-obama-visit.shtml">rushed</a> through a really bad copyright law, known as "Ley Lleras 2", pretty much as a welcome gift for President Obama, who was about to visit the country.  It did this by invoking an "emergency procedure" that let it ignore nation-wide protests that had followed the presentation of a similar bill earlier, the original "Ley Lleras".  In January of this year, Ley Lleras 2 was <a href="https://www.techdirt.com/articles/20130125/09521621790/colombias-sopa-struck-down-procedural-reasons.shtml">struck down</a> by Colombia's Constitutional Court, but for purely procedural reasons, rather than because of its substance.  Before this, however, another bill had been prepared that sought to fix some of the glaring problems with Ley Lleras 2.  Even though the latter has been blocked for the moment, <a href="http://infojustice.org/archives/29450">the other bill is proceeding</a>:

<i><blockquote>This Bill contains provisions regarding limitation and exceptions to Copyright Law. Last 16 of April the Bill passed the second debate in the House of Representatives. Now it is pending for debate in the Senate.
<br /><br />
This Bill contains six articles regarding limitations and exceptions. Article 1 mandates an exception for temporary copies made as part of a technological process in some specific circumstances. Article 2 mandates an exception in favor of people with sight or hearing disabilities. Article 3 mandates an exception in favor of libraries and archives allowing them to lend a work. Article 4 mandates an exception in favor of parody. Article 5 mandates an exception in favor of educational institutions allowing the public performance of a work under certain circumstances. Finally, Article 6 repeals all provisions contrary to the ones mandated by this Bill.</blockquote></i>

As infojustice.org points out in the post quoted above, this "other" Colombian copyright bill has already had a number of positive effects:

<i><blockquote>First, after the petition made by Red PaTodos, this Bill is being publicly debated. This is a positive point because previous copyright bills have been enacted through processes without public discussions. Second, some sectors of society other than copyright scholars have engaged in the discussion, and they have manifested their concerns regarding this bill. For instance, radio shows and news organizations that use parody as a way to inform people or make political criticism have raised their concerns about the scope of the parody exception and its effects in limiting parody. This is positive because it shows that different sectors of the society have realized the importance of copyright law in their daily activities. Third, the Colombian Parliament has the copyright law in their legislative agenda, and it has realized the importance of having a balanced copyright system.</blockquote></i>

It's too early to guess what the final outcome of these two interlocking bills moving through the parliamentary system will be -- there's still plenty of time for yet more surprises.  But the fact that there has been some open discussion of the proposed law, and that people are becoming aware of and engaged by the key issues raised by it, offers some hope that Colombia might end up with a better-balanced copyright system than either of the original Ley Lleras proposals would have provided.
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130507/09544222978/colombias-other-copyright-bill-moving-things-right-direction.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130507/09544222978/colombias-other-copyright-bill-moving-things-right-direction.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130507/09544222978/colombias-other-copyright-bill-moving-things-right-direction.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hopeful-signs</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130507/09544222978</wfw:commentRss>
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<item>
<pubDate>Wed, 8 May 2013 08:37:31 PDT</pubDate>
<title>Intellectual Property Owners Association Against Helping The Blind Because It Would 'Set A Dangerous Precedent'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml</link>
<guid>http://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml</guid>
<description><![CDATA[ We've been covering the <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">latest efforts</a> by copyright maximalists to screw over the blind in the decades-in-waiting WIPO treaty process to help them get more access to content by creating clear carveouts in copyright law that protect the rights of the blind and of those who are transforming works for the blind.  Basically, it's about protecting the fundamental rights of the blind to have access to information that others have because they have sight.  This process has gone on for ages, in large part because copyright maximalists absolutely fear the idea that anyone might put forth an agreement that ever so slightly pushes back on the maximalist agenda.
<br /><br />
The amazing thing is that they're not even subtle about this.  Last year, we noted that in a video by Jamie Love showing Alan Adler, a VP for the Association of American Publishers, Adler was quite upfront about the fact that they're against this agreement for the blind not because of the blind folks who need the help, but rather because they're <a href="http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml">afraid</a> of even opening the door to expanding things like fair use -- which he claims is some sort of attack on copyright.
<br /><br />
Jamie Love has now called our attention to a letter sent by the Intellectual Property Owners Association (IPO) to  Teresa Stanek Rea, the Acting Under Secretary of Commerce for Intellectual Property and the Director of the USPTO, concerning this treaty, in which the IPO is equally explicit that its main complaint is <a href="http://keionline.org/node/1716" target="_blank">any expansion of user rights like fair use</a> is simply not acceptable.  From the <a href="http://keionline.org/sites/default/files/2013.4.15IPO_Letter_WIPO_VIP_Treaty.pdf" target="_blank">full letter</a>, which is also embedded below:
<blockquote><i>
IPO supports international action that addresses the needs of the visually impaired in 
meaningful ways, but we are concerned about the VIP treaty as currently drafted, 
focused exclusively on L/Es and not on the rights holders whose copyrights are at stake. 
<b>We are also concerned about the potentially negative, precedential effect that a one-sided, exceptions-focused VIP treaty may have on parallel developments at WIPO and 
in other international negotiations
</b></i></blockquote>
This is all sorts of hilarious.  After all, the folks at IPO have long supported incredibly one-sided agreements that <i>only</i> focus on the expansion of copyright, and they're among those who have actively fought any attempt to include user rights (they prefer to call them "limitations and exceptions") in such agreements.  So for them to suddenly step up and complain that this one small, narrowly focused agreement is a problem because it "only" focuses on such things, without regards to their "rights holders whose copyrights are at stake" is pretty funny.  Why has IPO never been concerned about the rights of the public and users in every other such agreement?
<blockquote><i>
Our main concern about the VIP treaty, as currently drafted, is that it addresses L/Es to 
copyrights in isolation, without parallel provisions addressing IP holders&#8217; rights. The 
proposed VIP treaty would create specific L/Es to copyright protection, with the aim of 
broadening access to print works for the visually impaired. However, it would not 
reflect the importance of protecting the copyright of those who created the work.
</i></blockquote>
Okay, so simple question for the IPO folks: in all future agreements that it supports, will it agree to support a "balance" that addresses <i>user rights</i>, rather than focusing on "copyrights in isolation without parallel provisions addressing users rights?"
<br /><br />
The idea that the "rights" here are only one way and must be constantly ratcheted up is disingenuous and somewhat sickening.  It's this position that has kept the blind community from having access to all sorts of works for decades.  And during those decades, folks like IPO have supported all sorts of incredibly one-sided expansions to copyright law without concerns for any public or user rights.<br /><br /><a href="http://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130507/00585822974/intellectual-property-owners-association-against-helping-blind-because-it-would-set-dangerous-precedent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>encouraging-rights-for-the-public-would-do-what-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130507/00585822974</wfw:commentRss>
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<pubDate>Fri, 19 Apr 2013 19:39:00 PDT</pubDate>
<title>MPAA Tells US Government To Screw Over The Blind, Reject Fair Use</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml</link>
<guid>http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml</guid>
<description><![CDATA[ Just this morning we were pointing out the MPAA's <a href="http://www.techdirt.com/articles/20130417/03315522738/mpaa-fair-use-more-detailed-history.shtml">long history</a> of attacking fair use.  We noted that this often happened in international fora, where the MPAA and others would seek to block fair use in treaties and push rules that would limit or reject the possibility of fair use.  And, just like clockwork, up pops an example.  Apparently the "fair use defenders" at the MPAA are <a href="http://keionline.org/node/1704" target="_blank">working overtime to get the White House to back down on promises</a> concerning the decades-long negotiations for a <a href="http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml">treaty</a> to help blind people not get screwed over by copyright law.  The US  has flip flopped on this issue over the past few years, but apparently had finally made some concessions that were allowing the process to move forward.  The MPAA wants to kill all of that.
<blockquote><i>
In Geneva this week the US government is taking a harder line in the WIPO negotiations for a treaty on copyright exceptions for the blind, and the reason is simple -- lobbyists for the MPAA and publishers have been all over the White House, demanding a retreat from compromises made in February, and demanding that the Obama Administration push new global standards for technical protection measures, strip the treaty text of any reference to fair use and fair dealing, and impose new financial liabilities on libraries that serve blind people. So far the industry lobbying has worked, and the White House has sided with publishers against blind people. Dan Pescod from the World Blind Union says the conditions the USA are imposing are so severe the treaty "won't work", if they are included in the final text.
</i></blockquote>
I guess they figure that blind people don't watch too many movies, so screw 'em.  Apparently, it's so bad that even some US negotiators find the MPAA's actions unseemly.
<blockquote><i>
Some US negotiators are uncomfortable with the intensive lobbying by the MPAA and other publishers, but dismayed by the lack of backbone in the White House to resist such pressures.
</i></blockquote>
Yup, those "fair use defenders" at the MPAA sure do have the public's interest in mind, huh?<br /><br /><a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-there-they-go-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130419/12234522768</wfw:commentRss>
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<item>
<pubDate>Wed, 19 Dec 2012 19:58:37 PST</pubDate>
<title>Slight Progress Made On Treaty To Help The Blind Not Get Screwed Over By Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml</guid>
<description><![CDATA[ We've covered the efforts by many people over a very, very long period of time to set up a special treaty to help the blind and people who have other reading disabilities have greater access to works that may be covered by copyright.  While the US administration rushes through things like ACTA and TPP, it has <a href="http://www.techdirt.com/articles/20121020/23344420778/eu-us-negotiators-looking-to-hold-blind-deaf-access-rights-hostage-to-get-new-actasopa.shtml">slow rolled</a> this particular treaty -- bouncing back and forth between <a href="http://www.techdirt.com/articles/20091215/1813047374.shtml">supporting</a> such a treaty and <a href="http://www.techdirt.com/articles/20100625/0111289958.shtml">not supporting it</a>.  Part of this issue, it appears, is that some of the key people in the Obama administration who recognized the value of such an agreement left, and the people who took over are known for their extreme maximalist positions.  And, the concern with creating this treaty is that (*gasp*) it might open the door to governments <a href="http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml">giving people back their rights</a> to make use of products they own.
<br /><br />
So it took some people by surprise that the US showed up at the latest WIPO meeting apparently <a href="http://keionline.org/node/1623" target="_blank">ready to support an agreement</a>.  Of course, the devil is in the details and the details showed that the US still didn't want anyone to call the thing a treaty, even as everyone else wants it to be a treaty.  The US is also acting very tentatively on this, making it clear that it wants "final review" of the text, and that it might walk away if <strike>big copyright holders protest</strike> they don't like what they see.  After some pressure from just about everyone else, the US <a href="http://keionline.org/node/1631" target="_blank">has agreed</a> that it will at least show up for discussions on making the agreement an actual treaty -- and that's <a href="https://www.eff.org/deeplinks/2012/12/finally-long-awaited-progress-wipo-exceptions-and-limitations-treaty-blind" target="_blank">quite reasonably being seen as progress</a>.
<br /><br />
The actual conference to discuss all of this will be held in June, and between now and then, expect all sorts of posturing (mostly by the US) in which they try to limit what's in the agreement and water it down as much as possible.  The end result is unlikely to be particularly interesting.  It's likely to be very limited and carve out all sorts of things (for example, it will only apply to text, rather than "audio-visual" works -- because, apparently, the MPAA has no interest in making its products more accessible).  Having seen all of the scheming and roadblocks US officials have put up over the years concerning what should be a fairly straightforward agreement to help people who are disabled access more content, I'm not particularly hopeful anything useful will come out of this process in the end.  But, the big copyright industry can rest easy at night knowing that blind people won't be able to access their materials.<br /><br /><a href="http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-still-a-long-way-to-go</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121218/17340921433</wfw:commentRss>
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<item>
<pubDate>Tue, 23 Oct 2012 05:08:47 PDT</pubDate>
<title>EU &#038; US Negotiators Looking To Hold Blind &#038; Deaf Access Rights Hostage To Get A New ACTA/SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121020/23344420778/eu-us-negotiators-looking-to-hold-blind-deaf-access-rights-hostage-to-get-new-actasopa.shtml</link>
<guid>http://www.techdirt.com/articles/20121020/23344420778/eu-us-negotiators-looking-to-hold-blind-deaf-access-rights-hostage-to-get-new-actasopa.shtml</guid>
<description><![CDATA[ We already talked about how US officials have been <a href="http://www.techdirt.com/articles/20121018/02104720747/us-steadfast-its-stand-publishers-against-disabled.shtml">working against</a> a treaty to allow more access to copyrighted works for the disabled, but the latest report from Jamie Love highlights an even more nefarious part of the strategy.  To hold the agreement <a href="http://keionline.org/node/1571" target="_blank">hostage in order to backdoor in certain elements of ACTA/SOPA</a>.  This is mainly being led by the EU, but with support from the US.  And the main part is putting lots of red tape around any exceptions -- and tying it to more standardized enforcement, which is what ACTA was really all about:
<blockquote><i>
The European Union primarily, but with some backing from the US government, is holding blind people's access hostage in and effort to introduce new global enforcement norms for copyright. If you look at most copyright exceptions in most countries, the system works as follows. If the exception applies, an activity is not considered infringement. If you do something that is not protected by the exception, you are infringing, and all sorts of bad things can happen, depending upon your national laws for infringement, which include both criminal and civil sanctions. That is how the US exceptions work for blind persons, and that's how nearly all national exceptions work for blind persons. But here at WIPO, the EU wants page after page of detailed regulation of anyone who uses an exception. The expanding verbiage of the agreement is almost entirely about introducing ACTA and SOPA like enforcement provisions into this agreement.
</i></blockquote>
We've already seen the EU try to <a href="http://www.techdirt.com/articles/20121011/01370920676/course-ridiculous-acta-provisions-magically-appear-ceta.shtml">backdoor</a> ACTA provisions in elsewhere, so it should come as little surprise that it would also seek to abuse a treaty to help the disabled to get to the same point as well.  Shameful, but not surprising.
<br /><br />
Another report on the meetings, from David Hammerstein at the TransAtlantic Consumer Dialogue (TACD) <a href="http://tacd-ip.org/archives/788" target="_blank">goes into more detail</a> on the EU's moves during the negotiations:
<blockquote><i>
Instead of trying to help one of the worldÂ´s most culturally disadvantaged groups the EUÂ´s copyright specialists guided by Commissioner of Internal Market Michel Barnier are busy launching violent preemptive strikes against the possibility of a clear, exception to copyright for the non-profit production and distribution of works formatted for visually impaired persons.
<br /><br />
In Geneva this week the EU made one negative proposal after another to block a global agreement that would greatly improve access to culture for the visually impaired.  All of them have been rejected by the organizations defending blind and disabled persons rights. Most of them are &#8220;copy and paste&#8221; proposals from the publishing industryÂ´s wish list. Not one EU proposal this week in Geneva was to facilitate the right to read of disabled persons as guaranteed by international law. Not one member of the EUÂ´s delegation was a human rights or disability expert; all were hard-line copyright apologists.
</i></blockquote>
Basically, they seem to see this as a war, where any exception is seen as "giving in" on copyright.  This is insane.  This is not about rational minds looking for the proper calibration of the law, or understanding the real impacts of the law.  This appears to be about pure copyright religion, where "more" must be better, and any exception, no matter how reasonable, is seen as a sin.  Shameful.<br /><br /><a href="http://www.techdirt.com/articles/20121020/23344420778/eu-us-negotiators-looking-to-hold-blind-deaf-access-rights-hostage-to-get-new-actasopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121020/23344420778/eu-us-negotiators-looking-to-hold-blind-deaf-access-rights-hostage-to-get-new-actasopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121020/23344420778/eu-us-negotiators-looking-to-hold-blind-deaf-access-rights-hostage-to-get-new-actasopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121020/23344420778</wfw:commentRss>
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<pubDate>Mon, 22 Oct 2012 03:16:58 PDT</pubDate>
<title>US Steadfast In Its Stand For Publishers Against The Disabled</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121018/02104720747/us-steadfast-its-stand-publishers-against-disabled.shtml</link>
<guid>http://www.techdirt.com/articles/20121018/02104720747/us-steadfast-its-stand-publishers-against-disabled.shtml</guid>
<description><![CDATA[ We've talked a few times about how the US seems to be leading the charge to <a href="http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml">block</a> a treaty that would increase the ability of blind and other disabled people to get around copyright restrictions to access certain works.  The treaty has been in negotiations for ages -- and the US position has, at times, flip-flopped.  However, now it seems firmly aligned with copyright maximalist lobbyists.  The latest report from the negotiations is that publishers and the movie studios have <a href="http://www.keionline.org/node/1569" target="_blank">convinced US negotiators to push back on this treaty</a>:
<blockquote><i>
The United State is playing a big major role, and led by David Kappos' USPTO, generally is aligned with the publishers in efforts to narrow the agreement and limit its benefits to persons with disabilities, and is increasingly isolated in its opposition to a decision that the nature of the "instrument" will be a treaty rather than a softer non-blinding recommendation or model law. One major objective of the US delegation is to exclude persons who are deaf. Another is to limit the exceptions to text, and exclude any audiovisual content or related rights. <b>Both of these negotiating objectives are designed to keep the U.S. movie and television industry happy</b>. The U.S. has also been seeking ways to support other publisher friendly provisions, even when they run counter to the robust exceptions found in U.S. law. 
</i></blockquote>
Siding with big studios and publishers over the best interests of the blind and the deaf?  How nice...<br /><br /><a href="http://www.techdirt.com/articles/20121018/02104720747/us-steadfast-its-stand-publishers-against-disabled.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121018/02104720747/us-steadfast-its-stand-publishers-against-disabled.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121018/02104720747/us-steadfast-its-stand-publishers-against-disabled.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>bad-news</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121018/02104720747</wfw:commentRss>
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<item>
<pubDate>Wed, 5 Sep 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: That The Blind May See</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100824/04282510759/dailydirt-that-blind-may-see.shtml</link>
<guid>http://www.techdirt.com/articles/20100824/04282510759/dailydirt-that-blind-may-see.shtml</guid>
<description><![CDATA[ Most of us take vision for granted, but about 21.5 million adult Americans have trouble seeing, even with glasses or other vision aids. The leading causes of blindness or low vision in the US are age-related eye diseases, and many of the treatments are in fairly early stages of research and development. It's not easy to replicate the functions of a retina, but here are just a few projects that are working on ways to restore vision with some interesting technologies.

<ul>

<li> <a title="http://www.technologyreview.com/news/429010/company-aims-to-cure-blindness-with-optogenetics/" href="http://bit.ly/ONFYTa">Retrosense Therapeutics is working on a gene therapy that will allow ganglion cells (instead of rod and cone cells) to respond to light and send visual information to the brain.</a> Patients with retinitis pigmentosa often have plenty of healthy ganglion cells, but they can't see because their natural photoreceptors aren't functioning. This therapy has restored some vision-based behaviors in rodents, and clinical trials could start in 2013. [<a href="http://www.technologyreview.com/news/429010/company-aims-to-cure-blindness-with-optogenetics/">url</a>]</li>

<li> <a title="http://www.eye.uni-tuebingen.de/retina-implant-project" href="http://bit.ly/OUavNw">Electronic devices to replace natural retinas are being developed by about 20 research groups around the world.</a> The Centre for Ophthalmology, Tuebingen, Germany has transferred some of its research to a company (Retina Implant AG) for clinical testing of a subretinal chip. [<a href="http://www.eye.uni-tuebingen.de/retina-implant-project">url</a>]</li>

<li> <a title="http://m.brisbanetimes.com.au/technology/sci-tech/bionic-eye-goes-live-in-world-first-by-australian-researchers-20120830-251nu.html" href="http://bit.ly/ONFRH3">Australian researchers have developed a prototype bionic eye and implanted it in a 54-year-old woman.</a> The Bionics Institute in East Melbourne is studying how her brain reacts to the signals from this implant, and so far, Dianne Ashworth can now see some flashes of light. [<a href="http://m.brisbanetimes.com.au/technology/sci-tech/bionic-eye-goes-live-in-world-first-by-australian-researchers-20120830-251nu.html">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100824/04282510759/dailydirt-that-blind-may-see.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100824/04282510759/dailydirt-that-blind-may-see.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100824/04282510759/dailydirt-that-blind-may-see.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Tue, 14 Aug 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: Tools For The Blind</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100908/16203510945/dailydirt-tools-blind.shtml</link>
<guid>http://www.techdirt.com/articles/20100908/16203510945/dailydirt-tools-blind.shtml</guid>
<description><![CDATA[ Visually impaired folks have access to more technology than ever before. Despite various <a href="http://www.techdirt.com/articles/20120613/01511919297/apple-steps-into-patent-fight-to-unnecessarily-silence-little-girl.shtml">setbacks</a> that prevent some ingenious innovations, plenty of developers are still working on hardware and software tools to help out people with disabilities. Here are just a few examples of some interesting projects for the blind.

<ul>

<li> <a title="http://blogs.discovermagazine.com/80beats/2011/05/12/crowdsourcing-iphone-app-lets-sighted-people-lend-their-eyes-to-the-blind/" href="http://bit.ly/Rv4j22">An iPhone app called VizWiz helps blind users by letting them take a picture of something that is confusing -- and then crowdsourcing a helpful description to make things clear.</a> This app uses Amazon's Mechanical Turk service to obtain helpful people, and the average turnaround time for a description is 27 seconds. [<a href="http://blogs.discovermagazine.com/80beats/2011/05/12/crowdsourcing-iphone-app-lets-sighted-people-lend-their-eyes-to-the-blind/">url</a>]</li>

<li> <a title="http://diagramcenter.org/development/poet.html" href="http://bit.ly/Nr0syR">The Poet image description tool is open source software that helps to crowdsource image descriptions for digital books.</a> This tool is aimed at textbook illustrations that aren't too helpful for people who can't see them. [<a href="http://diagramcenter.org/development/poet.html">url</a>]</li>

<li> <a title="http://grathio.com/2011/08/meet-the-tacit-project-its-sonar-for-the-blind/" href="http://bit.ly/qUG9uy">The Tacit project is developing a hand-held sonar device with haptic feedback -- a technological take on the white cane.</a> It's still just a prototype device, but so far, users seem to be able to use it fairly quickly without much training. [<a href="http://grathio.com/2011/08/meet-the-tacit-project-its-sonar-for-the-blind/">url</a>]</li>

<li> <a title="http://news.yahoo.com/blogs/technology-blog/haptic-shoes-could-help-blind-navigate-cane-free-223947138.html" href="http://yhoo.it/Od3ADz">Haptic shoes could help people navigate by vibrating different parts of the shoe to tell the wearer if there are obstacles ahead.</a> These shoes, like the Tacit project's handheld, are based on open Arduino hardware -- allowing other developers to contribute improvements and build upon existing tools. [<a href="http://news.yahoo.com/blogs/technology-blog/haptic-shoes-could-help-blind-navigate-cane-free-223947138.html">url</a>]</li>

</ul>


If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100908/16203510945/dailydirt-tools-blind.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100908/16203510945/dailydirt-tools-blind.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100908/16203510945/dailydirt-tools-blind.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100908/16203510945</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 25 Jul 2012 14:42:03 PDT</pubDate>
<title>Obama Administration Stalls Treaty To Help The Blind In An Effort To Appease Big Publishers (AKA Campaign Donors)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml</link>
<guid>http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml</guid>
<description><![CDATA[ Last week, we wrote about how the US was <a href="http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml">holding up</a> a treaty to help visually impaired people be able to access more works, in large part because publishers are somehow offended that the public might want to take back some of their fair use rights (which the publishers unfortunately claim is <a href="http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml">"taking away"</a> something from them).  As more and more details come out, it's become clear that while most of the countries involved in the negotiations really want this treaty -- which has been in discussion for <i>nearly 20 years</i> -- to be put in place, there are two major stumbling blocks: the EU Commission and the US.  Not surprisingly, these were the two biggest supporters of ACTA as well.  As with ACTA, the EU <i>Parliament</i> is at odds with the EU Commission on this and is in support of a treaty, but the Commission is trying to put all sorts of <a href="http://www.thehindu.com/news/national/article3679662.ece" target="_blank">"unreasonable restrictions"</a> on the agreement, and the US is still <a href="http://keionline.org/node/1482" target="_blank">fighting against the idea of calling this a "treaty."</a>
<br /><br />
The end result is that, rather than finalizing things at the WIPO gathering, the US's ability to drag the whole process out means that <a href="http://keionline.org/node/1494" target="_blank">nothing will be decided until after the Presidential election</a>.  And that's by design:
<blockquote><i>
This is really kicking the can down the road -- in this case, past Obama's first term in office. After four years, Obama can't overcome opposition from a handful of mostly foreign owned publishers to support a treaty for blind people. In many respects, this is a money in politics story. If blind people were financing his campaign, they would have had a treaty a year ago. The Obama administration wants the decision on the treaty delayed until the election so it will not interfere with its campaign fundraising from publishers, and so it will not suffer bad publicity for opposing the treaty, before the election.
</i></blockquote>
The whole thing is pretty shameful, and yet another display of how money corrupts politics... and how copyright helps in that process.<br /><br /><a href="http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>money-first-politics</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120725/03494019823</wfw:commentRss>
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<item>
<pubDate>Tue, 24 Jul 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: Visions Of The Future</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100903/16074510902/dailydirt-visions-future.shtml</link>
<guid>http://www.techdirt.com/articles/20100903/16074510902/dailydirt-visions-future.shtml</guid>
<description><![CDATA[ Digital cameras are getting better all the time, but our natural vision only seems to degrade over time. (Almost everyone over forty years old will suffer from some kind of presbyopia.) There may be technological solutions to improving human vision, but so far, projects like Google Glass are more about augmenting vision, not necessarily improving a user's sight. Here are just a few interesting projects working on useful eye prosthetic devices.

<ul>
<li> <a title="http://discovermagazine.com/2003/jun/feattongue/article_view?" href="http://bit.ly/NHF0WO">Paul Bach-y-Rita is a neuroscientist working on brain plasticity, studying how various senses can be re-mapped in the brain.</a> People with vision problems might be able to learn how to see via tongue sensations. The brain might be able to process visual information in many different ways. [<a href="http://discovermagazine.com/2003/jun/feattongue/article_view?">url</a>]</li>

<li> <a title="http://www.bbc.co.uk/news/health-18061174" href="http://bbc.in/O4hPs0">A retinal implant that could allow the completely blind to perceive light and shapes is in early trials -- in rats.</a> There are several kinds of retinal implants that could potentially help people with degenerative retinal diseases, but the technology is still primitive compared to natural vision. [<a href="http://www.bbc.co.uk/news/health-18061174">url</a>]</li>

<li> <a title="https://www.youtube.com/watch?v=Aa2JfigaNcs" href="http://bit.ly/PseW5c">Sheila Nirenberg's TED talk on eye prosthetics describes how technology could be used to help the blind see again.</a> Nirenberg's strategy to create software that can translate signals (from images) into input that the brain can understand could also be useful for other senses like hearing. [<a href="https://www.youtube.com/watch?v=Aa2JfigaNcs">url</a>]</li>

<li> <a title="http://eyetap.blogspot.ca/2012/07/la-verrete-la-verre-de-la-verite-de-la.html" href="http://bit.ly/NQds5i">Steve Mann has been wearing a camera attached to his head for quite some time now -- as an exploration of wearable computing.</a> Recently, though, he was assaulted for wearing a digital camera, and he's blogged about his experience trying to live in a society that may not be ready for people wearing personal computer vision systems. [<a href="http://eyetap.blogspot.ca/2012/07/la-verrete-la-verre-de-la-verite-de-la.html">url</a>]</li>

</ul>




If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100903/16074510902/dailydirt-visions-future.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100903/16074510902/dailydirt-visions-future.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100903/16074510902/dailydirt-visions-future.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100903/16074510902</wfw:commentRss>
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<pubDate>Mon, 23 Jul 2012 15:22:00 PDT</pubDate>
<title>We Should Stop Calling Fair Use A 'Limitation &#038; Exception' To Copyright; It's A Right Of The Public</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml</link>
<guid>http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml</guid>
<description><![CDATA[ Language matters.  In debates we see over copyright and other issues, it's often amazing how the industry has really twisted the language to their advantage.  A few years ago, Bill Patry wrote an excellent book <a href="http://www.techdirt.com/articles/20090823/1538545965.shtml">all about</a> how the entertainment industry inserted its preferred language into all of the debates over copyright, such that they can claim the moral high ground on an issue that is really a business model/economic one for the most part.  Of course, those of us pushing for fixing problems in copyright law unfortunately sometimes fall into the same traps.  Just recently, for example, we talked about how we should stop calling things "orphan works," and more accurately describe them as they are: <a href="http://www.techdirt.com/articles/20120508/05473018825/theyre-not-orphan-works-theyre-hostage-works.shtml">hostage works</a>.
<br /><br />
I was thinking about this while watching Jamie Love's <a href="http://www.youtube.com/watch?v=dxVcmOwBAsY&#038;feature=plcp" target="_blank">recent interview with Alan Adler</a>, the VP of Legal &#038; Gov't Affairs for the Association of American Publishers.  We <a href="http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml">already discussed</a> the substance of the discussion around various international agreements for "limitations and exceptions" to copyright law.  "Limitations and exceptions" has been standard terminology for things like fair use, fair dealing and other "valves" to stop copyright from being completely oppressive.  However, as I watched Adler, some of his comments around those things bothered me.  You can watch it below, but I'll call out a few quotes:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/dxVcmOwBAsY" frameborder="0" allowfullscreen></iframe>
</center>
<blockquote><i>
"For publishers, they really don't have a business, unless they own intellectual property assets, that they're able to use, control and exploit in the marketplace.  <b>So the threat of piracy and the threat of restrictions, limitations, exception to their rights as copyright owners</b> is always a concern to them, because it effects the way they do business.  The WIPO is now looking at creating international instruments addressing a number of different things -- but all of them have one thing in common: they would cut back on the rights of publishers as copyright owners by <b>introducing new limitations and exception</b> to those rights..."
<br /><br />
"Interestingly, our interest and concern about whether it's a treaty or some other form of international agreement, probably would not have been much of a problem if we were only working on the issue of print disabilities.  But with the effort to develop supposed proposed treaties on limitations and exceptions for educational uses and also a separate effort moving parallel to this, to develop a similar treaty on limitations and exceptions for uses by libraries and archives.  <b>The problem we have in the area of print disabilities is we really don't want to establish a precedent of developing a series of treaties that specifically focus on trying to set forth minimal limitations and exceptions to the rights of copyright owners</b>.  Up until this proposal with respect to print disabilities, generally the treaties and other international agreements that have been devised by the WIPO <b>have been to establish the minimal rights of copyright owners -- not the limitations and exceptions to those rights</b>.  And the notion that now, because of the concerns of developing countries and some of the agreements that have been made to pursue an agenda of issues that are of concern to developing countries, we're now beginning to focus on limitations and exceptions."
</i></blockquote>
I have to admit that it's somewhat refreshing that Adler comes right out and says this honestly: that the companies he represents are worried that it might change their business models, rather than making any kind of unsupported moral claims or suggestions that these "limitations and exceptions" are somehow going to destroy content.
<br /><br />
That said -- and this comes through strongly in that second quote above -- it's a bit disturbing the way he seems to think that the only thing at issue is the rights of copyright holders, and the way he only describes limitations and exceptions in terms of how they take away rights from the copyright holders.  That's incredibly misleading.  These "limitations and exceptions" with things like fair use are actually <b>rights of the public</b>.  Copyright has always been a restriction on the rights of the public.  We can argue over whether or not it's a reasonable or appropriate restriction, but that's what it is.  When we flip the language and call things like fair use -- which <b>give back</b> some rights to the public -- "limitations and exceptions," we're unfortunately playing into the language framing of copyright holders, and allowing Adler to say things like he does above and have them sound marginally reasonable.
<br /><br />
Yet, if you changed around what he said to make it more accurate by noting that these limitations and exceptions are really about increasing <b>the rights of the public</b>, you begin to realize that what he's saying is pretty crazy:
<blockquote><i>
"For publishers, they really don't have a business, unless they hold government-granted monopoly privileges, that they're able to use, control and exploit in the marketplace.  <b>So the threat of infringement and the threat of the public regaining some of their own rights</b> is always a concern to them, because it effects the way they do business.  The WIPO is now looking at creating international instruments addressing a number of different things -- but all of them have one thing in common: they would increase the rights of the public by restoring their ability to make use of those works...
<br /><br />
"Interestingly, our interest and concern about whether it's a treaty or some other form of international agreement, probably would not have been much of a problem if we were only working on the issue of print disabilities.  But with the effort to develop supposed proposed treaties on the public's rights to use works for educational uses and also a separate effort moving parallel to this, to develop a similar treaty on the public's right for uses by libraries and archives.  <b>The problem we have in the area of print disabilities is we really don't want to establish a precedent of developing a series of treaties that specifically focus on trying to set forth expanded rights for the public</b>.  Up until this proposal with respect to print disabilities, generally the treaties and other international agreements that have been devised by the WIPO <b>have been to take away and limit the rights of the public -- not to expand and clarify those rights</b>.  And the notion that now, because of the concerns of developing countries and some of the agreements that have been made to pursue an agenda of issues that are of concern to developing countries, we're now beginning to focus on the rights of the public."
</i></blockquote>
That is a lot more accurate version of what he's saying when you realize the nature of what's really being discussed.  So even as we're happy that at least there's been a lot more talk of "limitations &#038; exceptions" (even <a href="http://www.techdirt.com/articles/20120703/12112119569/ustrs-surprise-turnaround-now-advocating-limitations-exceptions-to-copyright.shtml">by the USTR</a> in the TPP negotiations), it seems wrong to cede the framing of the discussion to special interest industry folks.  These aren't "limitations and exceptions," they're the public's right to access, to create and to express themselves.<br /><br /><a href="http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120719/01482519756/we-should-stop-calling-fair-use-limitation-exception-to-copyright-its-right-public.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-important</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120719/01482519756</wfw:commentRss>
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<item>
<pubDate>Thu, 19 Jul 2012 14:41:47 PDT</pubDate>
<title>Shameful: US Secrecy Holding Up Treaty To Help Blind Access Copyrighted Works</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml</link>
<guid>http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml</guid>
<description><![CDATA[ We've been talking about ACTA and TPP and the ridiculous levels of secrecy around them for a while now, but the US's overly secret policies are showing up in other treaty issues as well.  For years, we've been talking about negotiations at WIPO to create a treaty that would provide specific exceptions to copyright law to help the blind get access to works in formats they could read (basically, it would make it so the blind could more easily import braille and other versions that are readable for the visually impaired from other countries).  This issue has been out there <i>forever</i>.  And while we always hear how important it is that US negotiators rush to get deals like ACTA and TPP done, they've dragged their heels on the treaty for the blind for ages.  At the urging of copyright holders, the Obama administration came out <a href="http://www.techdirt.com/articles/20090529/1917545057.shtml">against</a> such a treaty a few years ago.  And the EU Commission has been against such a treaty for a while as well, claiming that it's <a href="http://www.techdirt.com/articles/20110303/02593813338/why-is-treaty-letting-blind-have-access-to-books-too-difficult-acta-is-fine.shtml">just too hard</a> to put in place.  Yeah, rush through things like ACTA and TPP... but helping the blind get access to works?  That's just too hard...
<br /><br />
Over at WIPO, the <a href="http://www.wipo.int/meetings/en/details.jsp?meeting_id=25014" target="_blank">Standing Committee on Copyright and Related Rights (SCCR) conference is ongoing</a>, and one of the agenda items is this treaty for the blind.  One of the key points that have held up negotiations is whether or not this should really be a "treaty."  As I understand it, copyright maximalists are scared silly of creating an actual treaty that is focused on "exceptions and limitations," because that might make people realize that exceptions and limitations are a thing they can create whole treaties around... and thus we'd start seeing a lot more of that.
<br /><br />
And, in fact, on the agenda at SCCR are two other potential agreements (which are much newer) discussing the possibility of exceptions and limitations in two other areas: education and libraries.  As this video, shot by Jamie Love at KEI of Alan Adler, the VP of the Association of American Publishers, shows, he's <a href="http://www.youtube.com/watch?v=dxVcmOwBAsY&#038;feature=plcp" target="_blank">against these kinds of treaties</a> because the publishers believe that exceptions and limitations are an attack on their rights, and they don't want to support that kind of thing.
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What's really disturbing, however, is that despite years and years of work on a treaty for exceptions for the blind, and despite the public's reaction to secret negotiations in the likes of SOPA, ACTA and TPP... the US so far has been keeping the text of what's being discussed a secret.  Jamie Love has been explaining that this is <a href="https://twitter.com/jamie_love/status/225540992550449153" target="_blank">creating huge problems at SCCR</a>, because very few people know exactly what's in the text, and they feel that they're wasting time.  There had been some hope that a basic agreement might finally have been worked out at this session.  But, instead, while lobbyists have been briefed, actual advocates for the blind and the public have been left out in the cold and don't even know what's in the latest draft.
<br /><br />
There's no way to describe this other than absolutely shameful on the part of the US government and the Obama administration.  It's dragged its feet for years on helping the blind over this issue, even while trying to rush through all sorts of copyright treaties that favor Hollywood.  And now, despite all of that, having the US (once again) keep the text a secret... it's just shameful.<br /><br /><a href="http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120719/00311119754/shameful-us-secrecy-holding-up-treaty-to-help-blind-access-copyrighted-works.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>more-of-the-same</slash:department>
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<pubDate>Mon, 19 Sep 2011 17:00:00 PDT</pubDate>
<title>DailyDirt: Artificial And Augmented Senses</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20110908/23432015855/dailydirt-artificial-augmented-senses.shtml</link>
<guid>http://www.techdirt.com/articles/20110908/23432015855/dailydirt-artificial-augmented-senses.shtml</guid>
<description><![CDATA[ A few years ago, <a href="http://www.techdirt.com/articles/20080117/174851.shtml">Oscar Pistorius</a> was denied participation in the Olympics because his prosthetic carbon-fiber legs were deemed an unfair advantage. As technology improves, it's possible to design artificial body parts that could be superior to the natural ones. So it may only be a matter of time before everyone is wearing gear that improves their natural abilities. Here are just a few examples of projects that could develop better senses.
<ul>
<li> <a title="http://grathio.com/2011/08/meet-the-tacit-project-its-sonar-for-the-blind/" href="http://bit.ly/qUG9uy">A handheld sonar device could help the blind navigate better than a simple cane.</a> This open source prototype only costs about $65 to construct (not including your labor). [<a href="http://grathio.com/2011/08/meet-the-tacit-project-its-sonar-for-the-blind/">url</a>]</li>
<li> <a title="http://www.newscientist.com/article/mg21028185.800-haptic-soldiers-guided-by-buzzing-belt.html" href="http://bit.ly/ngUZf6">Soldiers could find their way around unfamiliar territory with GPS directions transmitted through a haptic belt.</a> Users don't need to look at a GPS screen or hold anything else in their hands. [<a href="http://www.newscientist.com/article/mg21028185.800-haptic-soldiers-guided-by-buzzing-belt.html">url</a>]</li>
<li> <a title="http://www.smartplanet.com/blog/thinking-tech/why-hearing-aids-fail-and-what-will-make-them-better/8464" href="http://smrt.io/nUrRSl">If you've been to a few too many loud concerts, more advanced hearing aids could be useful for you someday.</a> As signal processing hardware gets smaller and cheaper, hearing aids are bound to improve a bit -- but the ear-brain interface is a tricky loop to insert technology into. [<a href="http://www.smartplanet.com/blog/thinking-tech/why-hearing-aids-fail-and-what-will-make-them-better/8464">url</a>]</li>
<li><b>To discover more interesting tech-related content, <a title="http://www.stumbleupon.com/to/stumble/topic:Technology" href="http://bit.ly/ewIrx5">check out what's currently floating around the StumbleUpon universe.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:Technology">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 


By the way, StumbleUpon can recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20110908/23432015855/dailydirt-artificial-augmented-senses.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110908/23432015855/dailydirt-artificial-augmented-senses.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110908/23432015855/dailydirt-artificial-augmented-senses.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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<pubDate>Fri, 4 Mar 2011 03:04:56 PST</pubDate>
<title>Why Is A Treaty For Letting The Blind Have Access To Books Too Difficult, But ACTA Is Fine?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110303/02593813338/why-is-treaty-letting-blind-have-access-to-books-too-difficult-acta-is-fine.shtml</link>
<guid>http://www.techdirt.com/articles/20110303/02593813338/why-is-treaty-letting-blind-have-access-to-books-too-difficult-acta-is-fine.shtml</guid>
<description><![CDATA[ We've pointed out the <a href="https://www.techdirt.com/articles/20110302/02273113323/european-parliament-committee-willing-to-push-back-copyright-when-it-comes-to-blind.shtml">hypocrisy</a> of the industry folks who are eagerly supporting the expansion of copyright via ACTA, but who are against a few very limited simple exceptions to copyright for the blind in a new WIPO treaty.  However, in defending this position, a European Union Commissioner, Michel Barnier, has explained to the European Blind Union, that doing a treaty <a href="http://keionline.org/node/1085" target="_blank">is just too hard</a>, and it's much easier to just do a much more limited "joint recommendation," which would be a lot weaker.  As KEI's Jamie Love points out in the link above, it seems odd here that the EU is admitting that it's too difficult to bother creating new treaties around copyright... at the same time it's heavily involved in ACTA and a number of other copyright treaties.  Apparently it's only worth undertaking that kind of effort when it ratchets copyright up in favor of industry.  The blind?  Eh.  Not worth the effort...<br /><br /><a href="http://www.techdirt.com/articles/20110303/02593813338/why-is-treaty-letting-blind-have-access-to-books-too-difficult-acta-is-fine.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110303/02593813338/why-is-treaty-letting-blind-have-access-to-books-too-difficult-acta-is-fine.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110303/02593813338/why-is-treaty-letting-blind-have-access-to-books-too-difficult-acta-is-fine.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions,-questions</slash:department>
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<pubDate>Thu, 3 Mar 2011 04:53:06 PST</pubDate>
<title>European Parliament Committee Willing To Push Back On Copyright When It Comes To The Blind</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110302/02273113323/european-parliament-committee-willing-to-push-back-copyright-when-it-comes-to-blind.shtml</link>
<guid>http://www.techdirt.com/articles/20110302/02273113323/european-parliament-committee-willing-to-push-back-copyright-when-it-comes-to-blind.shtml</guid>
<description><![CDATA[ If you go through a timeline of the history of copyright law over the last two centuries, one thing is clear: it has only moved in one direction, and one direction only.  That is that it has repeatedly been changed to take away more and more consumer rights and to ratchet up copyright law to greater and greater levels.  The <i>only</i> exception I can think of was the US government's decision to make all federal government documents public domain, rather than granting them copyright.  While important, this was still a minor move. <b>Update</b>: Thanks to one of the copyright scholars in the audience for pointing out a few other cases of pushback against copyright, including the 2002 TEACH Act which included some small exceptions for distance learning, as well as a variety of countries rolling back perpetual copyright.
<br><Br>
For the past few years, there has been one other push, happening via WIPO, that would push back just slightly on copyright law when it came to books for the blind (in Braille).  Basically, this treaty makes it easier to get books in Braille for the blind.  Who could possibly be against such a thing?  Well, of course <a href="http://www.techdirt.com/articles/20091125/0053077076.shtml">the RIAA and the MPAA</a>, who fought against it claiming that a treaty like this would "begin to dismantle the existing global treaty structure of copyright law, through the adoption of an international instrument at odds with existing, longstanding and well-settled norms."
<br><Br>
This was especially hilarious, considering that it came from two organizations that remain massively strong supporters of ACTA -- which has done a tremendous amount of damage to the "existing global treaty structure of copyright law," by going around it entirely, and created an agreement that was very much "at odds with existing, longstanding and well-settled norms."
<br><br>
However, it appears that the WIPO treaty is actually getting some traction (even if just a little bit), and MEP Christian Engstrom is noting that the legal affairs committee JURI in the European Parliament has <a href="http://christianengstrom.wordpress.com/2011/02/28/books-for-the-blind-in-juri-win/">unanimously adopted</a> an amendment that supports the treaty.  It still appears to have a long way to go, but as Rick Falkvinge notes, this is <a href="http://falkvinge.net/2011/03/01/an-important-dent-in-the-copyright-monopoly/" target="_blank">"the first time in several decades"</a> that "politicians voted unanimously that the public&rsquo;s access to knowledge and culture is more important than the copyright monopoly."  It is a very small thing, but considering how rarely our elected officials are even willing to consider such a move, it's noteworthy.<br /><br /><a href="http://www.techdirt.com/articles/20110302/02273113323/european-parliament-committee-willing-to-push-back-copyright-when-it-comes-to-blind.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110302/02273113323/european-parliament-committee-willing-to-push-back-copyright-when-it-comes-to-blind.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110302/02273113323/european-parliament-committee-willing-to-push-back-copyright-when-it-comes-to-blind.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>small-victories</slash:department>
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<pubDate>Fri, 25 Jun 2010 12:28:00 PDT</pubDate>
<title>Administration Went From Supporting Copyright Exceptions For The Blind... To Working To Block Them</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100625/0111289958.shtml</link>
<guid>http://www.techdirt.com/articles/20100625/0111289958.shtml</guid>
<description><![CDATA[ For a long time now, there's been an effort underway to craft important <a href="http://www.keionline.org/r2r" target="_blank">copyright exceptions for the visually impaired</a>, which would do things like give them the right to convert a written work into an audio work through text-to-speech software.  While it seems like this should be allowed (after all, isn't reading a book out loud legal under copyright law?) some have claimed that such text-to-speech efforts <a href="http://www.techdirt.com/articles/20090225/1115563902.shtml">violate copyright law</a>.  There are some other areas, too, where copyright law makes life more difficult for the blind.  To deal with this WIPO has been discussing a treaty that would create some copyright exceptions for these specific cases.  Not surprisingly, the entertainment industry came out <a href="http://www.techdirt.com/articles/20091125/0053077076.shtml">very strongly against</a> helping the blind with such a treaty, as they fear <i>any</i> effort to add more exceptions to copyright law, even if it means the blind are more likely to consume their products.
<br /><br />
Late last year, the Obama administration <a href="http://www.techdirt.com/articles/20091215/1813047374.shtml">surprised a lot of us</a> by going against the entertainment industry's wishes, and saying it actually supported the treaty's exceptions for the blind.  I later heard from some folks who were a part of those discussions, who said it was actually a pretty heated battle among different camps within the administration to get it to support such a minor exception to copyright law, as the "usual suspects" were putting a lot of pressure on the administration to hold the line against any copyright exceptions.
<br /><br />
Frankly, it still amazes me that anyone could be against a treaty designed to help the visually impaired from accessing more works.
<br /><br />
However, apparently there were some negotiations in Geneva this week about this particular treaty, and all that stuff from last year about the administration supporting it may have been nothing more than window dressing.  Jamie Love -- who has played a role in trying to move this treaty effort forward -- recently reported from the meeting that <a href="http://www.huffingtonpost.com/james-love/us-tries-to-block-progres_b_623712.html" target="_blank">the US delegation appeared to do a lot more to block progress on this treaty than to move it forward</a>:
<blockquote><i>
Today a UN body is trying to reach an agreement on work on copyright exceptions for persons who are blind or have other disabilities. The United States Patent and Trademark Office (USPTO) is aggressively trying to block adoption of a work program that would include the possibility of a treaty. Officially, the USPTO is proposing an alternative approach that could be a step toward a treaty. Privately, the USPTO and other federal agencies are putting enormous pressure on countries to abandon a binding treaty in favor of a very weak and even harmful resolution. 
</i></blockquote>
Love quotes Justin Hughes from the USPTO threatening to a consumer rights organization that supports the proposal that he was going to "make your lives miserable."  This would be the same Justin Hughes who was the source of the quotes a few months ago saying that the administration was <a href="http://www.wired.com/threatlevel/2009/12/obama-blind-treaty/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A%20wired27b%20%28Blog%20-%2027B%20Stroke%206%20%28Threat%20Level%29%29" target="_blank">all for these exceptions</a>:
<blockquote><i>
"We recognize that some in the international copyright community believe that any international consensus on substantive limitations and exceptions to copyright law would weaken international copyright law," Justin Hughes, a Department of Commerce senior adviser, told the WIPO on Tuesday. "The United States does not share that point of view."
</i></blockquote> 
Apparently, that was then.  This is now.  Back at the time, Hughes had implied that this was really a horse trade.  The Obama administration would support these exceptions for the blind, but, in response would put its weight behind ACTA.  That's the subtext of the following quotes:
<blockquote><i>
"The United States is committed to both better exceptions in copyright law and better enforcement of copyright law," Hughes said. "Indeed, as we work with countries to establish consensus on proper, basic exceptions within copyright law, we will ask countries to work with us to improve the enforcement of copyright. This is part and parcel of a balanced international system of intellectual property."
</i></blockquote>
So, with ACTA negotiations about to kickoff, it looks like the US has decided to focus just on "enforcement" and has given up any serious concern for "exceptions."  Balance?  Feels like someone's fingers are pushing down that scale entirely to one side.  When was the last time that an administration actually was interesting in keeping the other side of copyright law equally balanced?<br /><br /><a href="http://www.techdirt.com/articles/20100625/0111289958.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100625/0111289958.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100625/0111289958.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there-can-be-no-copyright-exceptions-whatsoever</slash:department>
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<pubDate>Tue, 2 Jun 2009 07:18:00 PDT</pubDate>
<title>Disappointing: Obama Administration Won't Support Treaty For Helping Blind Get Digital Books</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090529/1917545057.shtml</link>
<guid>http://www.techdirt.com/articles/20090529/1917545057.shtml</guid>
<description><![CDATA[ JJ points us to an unfortunate story that the Obama administration appears to be <a href="http://www.huffingtonpost.com/james-love/obama-joins-group-to-bloc_b_208693.html" target="_new">siding against an intellectual property treaty agreement that would have helped blind and visually impaired individuals</a> by allowing "the cross-border import and export of digital copies of books and other copyrighted works in formats that are accessible to persons who are blind, visually impaired, dyslexic or have other reading disabilities, using special devices that present text as refreshable braille, computer generated text to speech, or large type."  As the article notes, exceptions to copyright law for the production of books for the blind is common, and effectively this would expand that to ebooks.  Many had hoped that the administration would support it... but:
<blockquote><i>
Assurances coming into the negotiations this week that things were going in the right direction have turned out to be false, as the United States delegation has basically read from a script written by lobbyists for publishers, extolling the virtues of market based solutions, ignoring mountains of evidence of a "book famine" and the insane legal barriers to share works.
</i></blockquote>
It continues to be a massive disappointment that politicians keep bowing down to corporate pressure when it clearly goes against the very purpose of copyright law.<br /><br /><a href="http://www.techdirt.com/articles/20090529/1917545057.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090529/1917545057.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090529/1917545057.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shame</slash:department>
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<pubDate>Fri, 1 May 2009 09:58:00 PDT</pubDate>
<title>Hybrid Vehicles Are Quiet -- Maybe Too Quiet, According To A Couple Of Lawmakers</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090430/1258064707.shtml</link>
<guid>http://www.techdirt.com/articles/20090430/1258064707.shtml</guid>
<description><![CDATA[ One of the side effects of hybrid vehicles -- a positive one, for most people -- is quieter operation traditional vehicles in some situations. Less vehicle noise sounds like a good thing, unless you're blind, so a couple of senators have introduced legislation that would direct the Department of Transportation <a href="http://www.nfb.org/nfb/NewsBot.asp?MODE=VIEW&#038;ID=437">to study ways to protect blind people and other pedestrians</a> (via <a href="http://www.engadget.com/2009/04/29/pedestrian-safety-act-of-2009-to-investigate-the-dangers-of-sile/">Engadget</a>) from silent vehicles. This isn't a new complaint: we reported last year about how Lotus was <a href="http://techdirt.com/articles/20080806/1718531913.shtml">experimenting</a> with putting speakers in hybrids to play engine noises, although we thought it might have been a joke. But apparently Lotus was just ahead of the legislative curve. Still, we have to wonder, is making cars noisier the best way to protect blind people and other pedestrians?<br /><br /><a href="http://www.techdirt.com/articles/20090430/1258064707.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090430/1258064707.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090430/1258064707.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>danger-will-robinson</slash:department>
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