[Infowarrior] - Geist: 'Ignore the US copyright bullies'

[Richard Forno]

'Ignore the US copyright bullies'

Internet law professor Michael Geist says countries should resist US
bullying tactics over copyright and intellectual property.

http://news.bbc.co.uk/2/hi/technology/6592133.stm

This week the Office of the United States Trade Representative (USTR), the
U.S. government department responsible for international trade, will release
its annual report card on intellectual property protection around the world.

The Special 301 report typically identifies about 50 countries that the US
has targeted for legal reform.

The report may at times be reminiscent of the classic movie Casablanca - the
USTR rounds up the usual suspects and is shocked to find that their legal
rules do not match those adopted in the US - yet it has historically had a
significant impact in many countries who fear potential trade sanctions.

Indeed, the recent U.S. piracy complaint against China at the World Trade
Organization sent a strong message that intellectual property issues are now
a major trade issue.

US dissatisfaction with intellectual property protection typically bears
little relation to whether the country actually meets international
standards.

'Virtual certainty'

For example, this year it is a virtual certainty that Canada will receive
special attention, with the U.S. claiming that the country has neglected to
address critical issues and suggesting that it is rapidly emerging as a
piracy haven.

    
Prof Michael Geist (Michael Geist)
Not only are the policies suspect, but the USTR report should be seen for
what it is - a biased analysis of foreign law supported by a
well-orchestrated lobby effort
Michael Geist

While the report will generate media headlines and cries for immediate
action, the reality is that Canada meets all of its international copyright
obligations.

Moreover, differences between the US and Canadian economies - the US is a
major exporter of cultural products and has therefore unsurprisingly made
stronger copyright protection a core element of its trade strategy while
Canada is a net importer of cultural products with a billion dollar annual
culture deficit - means that US-backed reforms may do more harm than good.

Consider three issues likely to generate criticism in the Special 301 report
- ratification of the World Intellectual Property Organization's Internet
treaties, extension of the term of copyright from life of the author plus 50
years to life plus 70 years, and the introduction of anti-camcording
legislation designed to stem movie piracy.

Notwithstanding the pressure on many countries to act on these issues, even
one-time U.S. supporters are beginning to admit that these policies are open
to doubt.

Marybeth Peters, the U.S. Registrar of Copyrights has noted that the US
extension of copyright was a "big mistake," and the President of the US
National Theater Owners Association has advised his members that
notwithstanding the introduction of anti-camcording laws, unauthorised
camcording in the US is on the rise.

Not only are the policies suspect, but the USTR report should be seen for
what it is - a biased analysis of foreign law supported by a
well-orchestrated lobby effort.

Trade agreements

Since the mid-1990s, the USTR has placed intellectual property protection at
the very top of its priority list. As a result, dozens of countries have
entered into trade agreements with the US in which they undertake to
implement US-style intellectual property protections.

Pirated software and DVDs
The US is trying to protect exports

Over the past decade, it has concluded trade agreements with countries in
every corner of the globe, including Australia, Singapore, Morocco, Chile,
Jordan, and a handful of Central American countries.

The latest example is this month's free trade agreement between the US and
South Korea.

As part of that deal, the US demanded that South Korea extend the term of
copyright, ratify the WIPO Internet treaties, decrease Korean content
requirements, and open Korean broadcast and telecommunications companies to
total US ownership.

'Intense lobbying'

Even those countries with trade agreements in place - the North American
Free Trade Agreement pre-dates the shift in USTR priorities - have not been
spared intense US lobbying.

For example, in recent months US Ambassador to Canada, David Wilkins, has
publicly called on Canada to introduce copyright reform, characterising the
country's laws as the weakest in the G7.

He conveniently overlooks the fact that the G7 no longer exists and that
references to the G8, which includes Russia, would not be accurate), while
US Senators Dianne Feinstein and John Cornyn have written a public letter to
Prime Minister Stephen Harper demanding anti-camcording legislation.

Canadian government documents obtained under the Access to Information Act
reveal that lobbying pressure is even more intense behind closed doors.

While the USTR report and its supporters seek to paint many countries as
laggards on copyright, this rhetoric ignores the fact that many of those
same countries are compliant with their international obligations.

In fact, of the three highlighted issues (WIPO ratification, copyright
extension, and camcording), only three of 192 United Nations members - the
US, Singapore, and the Czech Republic - have completed all three so-called
reforms.

No country should be in a rush to become the fourth country on that list.
The USTR may dole out many failing grades, however, the real failure lies
with countries that cave into such bullying by enacting laws that are not in
their national interest.

Michael Geist holds the Canada Research Chair in Internet and E-commerce Law
at the University of Ottawa, Faculty of Law. He can be reached at
mgeist at uottawa.ca or online at www.michaelgeist.ca.