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<image><title>Techdirt. Stories filed under &quot;disabilities&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Tue, 19 Feb 2013 20:05:00 PST</pubDate>
<title>WIPO Negotiations Over Changes To Copyright For Those With Disabilities Once Again Shrouded In Secrecy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130219/02445522025/wipo-negotiations-over-changes-to-copyright-those-with-disabilities-once-again-shrouded-secrecy.shtml</link>
<guid>http://www.techdirt.com/articles/20130219/02445522025/wipo-negotiations-over-changes-to-copyright-those-with-disabilities-once-again-shrouded-secrecy.shtml</guid>
<description><![CDATA[ We've talked about the latest efforts concerning a treaty for the blind and others with disabilities, which will <a href="http://www.techdirt.com/articles/20121218/17340921433/slight-progress-made-treaty-to-help-blind-not-get-screwed-over-copyright.shtml">carve out</a> some rules to give them slightly more rights to ignore certain copyrights in order to allow them to access some works.  The negotiations have been going on for years (decades, depending on who you talk to) and the copyright maximalists absolutely hate the idea.  They see it as opening the barn door for others to rush through asking for copyright law to be scaled back for them as well.  There have been numerous stall tactics used and, of course, lots and lots of secrecy.
<br /><br />
Once again, secrecy seems to be the way business is being done, as Jamie Love explains how <a href="http://keionline.org/node/1652" target="_blank">everyone had been barred from using social media</a> to inform the public what's going on.
<blockquote><i>
Today after a short plenary session, the informal negotiations were scheduled to begin behind closed doors again. But WIPO decided to permit NGOs attending the negotiations to follow a live audio of the discussions, subject to a ban on the use of the Internet and related social media to report on the negotiations.
<br /><br />
The ban specifically singled out "twitter, blogs, news reports, and email lists" and extends to social media in general.
</i></blockquote>
Love argued that Chatham House rules could be effective (in which you can talk about what was said, just not who said it).  But, of course, the US said that was unacceptable.  Because, of course, the US doesn't want anyone to know about its crazy arguments, even if they're not attached to the US itself.
<br /><br />
But, really, the bigger problem is the threat of retaliation under this system for reporting on info discovered through other means.  Love explains the problem:
<blockquote><i>
I assume we will be permitted to report and comment in other ways that do not rely upon this audio feed, but people will be careful because there is now a threat to cut off that access if the the forbidden information starts showing up on the Internet, and it maybe difficult to persuade people that the audio feed was not the source. This means less information will be disseminated, including the reports from the relatively accessible negotiators, of which there are many who are willing to talk in the breaks. These bans on the use of social media are increasingly being sought by transparency averse negotiators, particularly when pursuing anti-consumer and anti-freedom policies.
</i></blockquote>
It is simply unacceptable these days to hold such negotiations in complete secrecy.  It is for reasons like this that people don't trust such organizations and think they're corrupt.  Even if they're not corrupt and totally aboveboard, just doing these kinds of things in secret stirs up distrust for the government.<br /><br /><a href="http://www.techdirt.com/articles/20130219/02445522025/wipo-negotiations-over-changes-to-copyright-those-with-disabilities-once-again-shrouded-secrecy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130219/02445522025/wipo-negotiations-over-changes-to-copyright-those-with-disabilities-once-again-shrouded-secrecy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130219/02445522025/wipo-negotiations-over-changes-to-copyright-those-with-disabilities-once-again-shrouded-secrecy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shameful</slash:department>
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<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>
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<pubDate>Tue, 6 Dec 2011 03:30:32 PST</pubDate>
<title>More Collateral Damage From SOPA: People With Print Disabilities And Human Rights Groups</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20111205/06024616973/more-collateral-damage-sopa-people-with-print-disabilities-human-rights-groups.shtml</link>
<guid>http://www.techdirt.com/articles/20111205/06024616973/more-collateral-damage-sopa-people-with-print-disabilities-human-rights-groups.shtml</guid>
<description><![CDATA[ As people wake up to the full horror of what SOPA would do to the Internet and its users, an increasing number of organizations with very different backgrounds are coming out against it.  Here's one more to add to that list, from the world of non-profit humanitarian groups.
<br /><br />
As Jim Fruchterman, president of the Silicon Valley-based <a href="http://www.benetech.org/">Benetech</a>, explains in his post "<a href="http://benetech.blogspot.com/2011/11/why-im-scared-of-sopa-bill.html">Why I am Scared of the SOPA bill</a>":
<blockquote><i>
We write software for people with disabilities as well as human rights and environmental groups. We&rsquo;re against piracy, and have made commitments to authors and publishers to encourage compliance with copyright law.
<br /><br />
So, we shouldn&rsquo;t have anything to fear from a bill entitled &ldquo;Stop Online Piracy Act,&rdquo; right? Unfortunately, that&rsquo;s not the case.
<br /><br />
We&rsquo;re getting very worried that our organization and the people we serve: people with print disabilities (i.e., people who are blind or severely dyslexic), and human rights groups will be collateral damage in Hollywood&rsquo;s attempt to break the Internet in their latest effort to squash &ldquo;piracy.&rdquo; And, if we&rsquo;re worried, a lot of other good organizations should start getting worried!
</i></blockquote>
Fruchterman goes on to explore two major areas of concern.  The first is that Bookshare, an online library for people who can&rsquo;t read standard print books, might lose the ability to raise funds or take subscriptions.
<br /><br />
As he points out, Bookshare is legal in the US, but that doesn't stop authors, agents or publishers who don&rsquo;t know much about people with disabilities or copyright law sending cease and desist letters.  At present, Benetech has time to talk people through the law before anything drastic happens.  Here's how SOPA would change all that:
<blockquote><i>
SOPA apparently has shoot first, ask questions later provisions. If any single publisher or author of any one of the more than 130,000 accessible books in our library gets antsy, they can send a notice to VISA and MasterCard and say, stop money from going to Benetech and Bookshare. No more donations to our charity. No more subscriptions from individual adults with disabilities.
<br /><br />
No need to send us a letter. Or file a DMCA notice. Or do any real research. Just send out a bunch of notices and get all those pirates! Except, we&rsquo;re not pirates. But, now the burden of proof has shifted to us: we&rsquo;re presumed guilty, and we have to spent time and money defending ourselves.
</i></blockquote>
There are two major problems here.  First, the money gets cuts off immediately, jeopardizing the entire Bookshare project. Secondly, Benetech has to spend its limited funds paying lawyers to get the financial blocks removed.  That will not only take time, it will hamper other worthwhile projects that Benetech could have been working on instead of fighting to get its revenue sources turned back on again.
<br /><br />
It's those other projects that Fruchterman worries about in his second concern.  Benetech develops free software to help human rights activists around the world safely record stories of human rights abuse.  As Fruchterman points out, if SOPA becomes law, his organization will find itself in an impossible position: 
<blockquote><i>
The problem is that we provide technology that allows for security, privacy and circumvention. We do it for human rights groups. But, when asked if we know whether or not there are &ldquo;pirated&rdquo; copyrighted materials, we can&rsquo;t say. Because, if we make software that promises to keep your life or death sensitive information secret to the best of our abilities, we won&rsquo;t build a back door in for Syria, or China, or the U.S. government or even (heavens!) Hollywood.
</i></blockquote>
But SOPA will give the US Attorney General the power to shut down sites that can be used for evading controls on piracy, and Benetech's software could certainly be employed in just that way (even if that is not its purpose).  To avoid that, Benetech would presumably have to stop writing and distributing its code - which would place human rights organizations and activists at risk.
<br /><br />
What makes this situation particularly ridiculous is that the US government is itself encouraging the spread of just this kind of software, even going so far as <a href="http://thehill.com/blogs/hillicon-valley/technology/144233-clinton-pledges-venture-capitalist-approach-to-net-freedom">to invest in companies producing it</a>.  Does that mean the US government will be giving out money to write such software, and then using SOPA to shut it down?
<br /><br />
Fruchterman's comments are particularly valuable since they come from an organization that has a proven record of encouraging compliance with copyright law.  This is no evil "friend of piracy", as opponents of SOPA are so often branded: this is just some people deeply concerned that two vulnerable groups &ndash; those with print disabilities and human rights activists &ndash; will be collateral damage if this ill thought-out bill is enacted.
<br /><br />
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><br /><br /><a href="http://www.techdirt.com/articles/20111205/06024616973/more-collateral-damage-sopa-people-with-print-disabilities-human-rights-groups.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111205/06024616973/more-collateral-damage-sopa-people-with-print-disabilities-human-rights-groups.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111205/06024616973/more-collateral-damage-sopa-people-with-print-disabilities-human-rights-groups.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>add-them-to-the-list</slash:department>
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