Subject: TRIPS: greens and IT
The Nation
Thur, Dec 12, 1996:

IT users may stumble on TRIPS agreement

   JAMES FAHN

   SINGAPORE - While delegates to the WTO ministerial conference in
   Singapore are working hard to liberalise trade in computer hardware,
   new WTO rules could soon criminalise the way some software is
   currently used.

   Trade experts are racing against the clock to come up with an
   Information Technology Agreement (ITA) to serve as the crowning
   achievement of the Singapore meeting. If approved, the agreement
   would  significantly reduce, perhaps even nullify, tariffs for the US$500
   billion (Bt12.5 trillion) annual trade in computer hardware products.

   But several new proposals concerning intellectual property rights,
   currently under debate in Geneva, could soon make it much more
   difficult to use copyrighted material on the Internet and computer
   programs, especially if these rules become part of the WTO's
   Trade-Related Intellectual Property Rights (TRIPS) agreement.

   The one feature these two trends have in common, note critics, is
   that they would increase the profits of corporations - many of whom are
   based in the US - which sell IT products.

   ''Intellectual property rights are being expanded into new areas and
   new fields," says Carlos Correa, a professor at the University of
   Buenos Aires. ''Th is runs against the fundamental principle that
   knowledge is a good thing and should be kept in the public domain."

   Among the issues currently being studied by negotiators in Geneva, he
   said, is a proposal that would expand protection to make even the
   temporary loading of computer programs an infringement of copyright.
   In other words, users who download a program from the Internet to
    test it, no matter how briefly, may have to pay for it, even if they
    decide they don't want to use it.

   Another proposal would do away with the current right to freely use
   copyrighted material for private or non-commercial use, according to
   Correa. Internet users, for instance, would not be able to copy
   published articles and post them onto discussion forums, at least not
   without paying. Even factual material could be subject to these new
   rules, said Correa.

   The South American academic cited a recent case in which a publisher
   sued the oil company Texaco for copyright infringement, and won,
   because one of the firm's engineers had made copies of a technical
   article in a journal and passed them around to his colleagues. The
   court reportedly ruled that the company should instead have bought a
   subscription for each of its engineers.

   The new rules were proposed before the Geneva-based UN World
   Intellectual Property Organisation in February of this year, and are
   already being debated in the conference being held there this month.
   They could be incorporated into the TRIPS agreement when it is
   reviewed in the year 2000.

   Correa said that one of the European Union's reasons for supporting
   these new rules is the fact that there is now technology available to
   record who has made copies of data from Internet sites.

   ''Contrary to popular belief," he adds, ''The Internet actually makes
   it much easier to monitor who is using copyrighted material."
   Correa said that both the EU and the United States are pushing the
    new rules, but that there are also opponents in these countries,
   particularly among the scientific community. Public librarians are
   also starting to oppose the new intellectual property rules, which
   would essentially turn them into fee collectors for database
   publishers.

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