TPP - copyright - Commons-l - lists.wikimedia.org

Federico Leva (Nemo)

6 Nov 6 Nov

2:03 p.m.

Wikimedia Italia already supported the campaigns against copyright restorations and copyright terms extensions in Argentina and Canada, though without much fuss: * http://www.vialibre.org.ar/2015/10/02/organizaciones-contra-la-privatizacio… * https://twitter.com/EFF/status/660210197483274240 Nemo

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Brion Vibber

4:57 p.m.

New subject: [Wikimedia-l] TPP - copyright

That means a signatory state can't demand that closed-source software provide source code to the state as a condition of shipping their software in that state. Has nothing to do with GPL-style licensing, where the copyright owner is the one doing the disclosing of source. -- brion On Fri, Nov 6, 2015 at 8:03 AM, David Gerard <dgerard(a)gmail.com> wrote:

...

Takes out the GPL too: http://keionline.org/node/2363 (yep, the TPP is every bit as good as we were expecting) I anticipate a sudden tech coalition at that one, which we should get in on. - d. On 6 November 2015 at 12:22, Gnangarra <gnangarra(a)gmail.com> wrote:

We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html According reports this will affect media sourced in Canada where

copyright

will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced

images

face a similar issue as will other countries. Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic

approach

and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as

the

TPP is ratified. This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so. -- G ideon President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra _______________________________________________ Wikimedia-l mailing list, guidelines at:

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Luis Villa

10 Nov 10 Nov

3:59 a.m.

New subject: [Wikimedia-l] TPP - copyright

Software Freedom Conservancy opined today: http://sfconservancy.org/blog/2015/nov/09/gpl-tpp/ Tldr: no threat to GPL; still bad overall. Luis (reminding everyone that I am no longer with WMF legal, so this is not a legal/policy position of the Foundation :) — Snt frm a dvice On Fri, Nov 6, 2015 at 9:08 AM, David Gerard <dgerard(a)gmail.com> wrote:

...

At least some lawyers have opined otherwise. Wonder if the FSF or SFLC have said anything yet ... - d. On 6 November 2015 at 16:57, Brion Vibber <bvibber(a)wikimedia.org> wrote:

That means a signatory state can't demand that closed-source software provide source code to the state as a condition of shipping their software in that state. Has nothing to do with GPL-style licensing, where the copyright owner is the one doing the disclosing of source. -- brion On Fri, Nov 6, 2015 at 8:03 AM, David Gerard <dgerard(a)gmail.com> wrote:

Takes out the GPL too: http://keionline.org/node/2363 (yep, the TPP is every bit as good as we were expecting) I anticipate a sudden tech coalition at that one, which we should get in on. - d. On 6 November 2015 at 12:22, Gnangarra <gnangarra(a)gmail.com> wrote:

We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries. Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified. This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so. -- G ideon President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l(a)lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe>

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Ryan Kaldari

5:22 p.m.

I don't see anything in the TPP requiring retroactive application of copyright terms. We'll have to wait and see how the various countries choose to apply the new terms. Applying terms retroactively is uncommon, but possible. We also have no idea when these countries are actually going to apply the new terms. It took the UK 100 years to apply the terms of the Berne Convention after signing it. If a country proposes a retroactive copyright extension as part of their compliance legislation, it is still possible to fight the retroactive provision (regardless of what BoingBoing says). In other words, it's way too early to start talking about deleting files from Commons. Even the URAA took 18 years from the time it was passed until Commons had to actually deal with it (due to the *Golan v. Holder* decision). On Fri, Nov 6, 2015 at 5:22 AM, Gnangarra <gnangarra(a)gmail.com> wrote:

...

We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries. Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified. This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so. -- G ideon President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra _______________________________________________ Commons-l mailing list Commons-l(a)lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/commons-l

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