On 6/1/07, David Gerard <dgerard(a)gmail.com> wrote:
---------- Forwarded message ----------
From: Owen Blacker <owen(a)openrightsgroup.org>
Date: 01-Jun-2007 14:35
Subject: [ORG-discuss] US makes Korea eliminate fair use
To: Open Rights Group open discussion list
<org-discuss(a)lists.openrightsgroup.org>rg>, FIPR Alerts <alerts(a)fipr.org>
http://www.boingboing.net/2007/05/31/us_makes_korea_elimi.html
Korea has just finished negotiating a free trade agreement with the
US that is a complete disaster on copyright. Korea has agreed to give
up all fair use to copyrighted works, and has agreed to shut down many
of its web-hosting businesses.
It has done no such thing.
I believe the Korean term is "Limitations to authors' property rights"
and I see no mention of it one way or the other.
The shut down demand is in effect an implementation of the Grokster
ruling in the form of actual statute rather than case law. Other than
that Korea is being asked to implement a DMCA take down style
procedure.
In one glaring example, the governments agree to shut
down internet
sites that permit unauthorized reproduction, distribution, or
transmission of copyrighted works — without reference to exceptions
for art, education and critique.
There is also no reference to moral rights (which do exist under Korean law).
Realisticaly we have no idea what impact this will have on
"Limitations to authors' property rights" other than the likely ah
trimming of article 23.
If the agreement is ratified, both US
and Korean governments will begin shutting down an undisclosed number
of peer-to-peer (P2P) and online storage ('webhard') services.
That depends on exactly how the courts read the law. I can't see it
hitting online storage stuff. P2P it rather depends.
Korea
will also be required to crack down on book copying on university
campuses.
Ever read Article 23? The GFDL (and pretty much any other form of
copyright) is in effect unenforceable against text book publishers.
Heh due to article 13(2) ND licenses are also meaningless in that
situation.
--
geni