Via: TAHIR AMIN
Millions at stake in Da Vinci Code court case
Clare Dyer, legal editor
Monday February 27, 2006
The Guardian
Dan Brown, the multimillionaire author of The Da Vinci
Code, is accused of stealing the ideas for his
international bestseller in a breach of copyright
claim which opens in the high court today.
The case threatens the UK opening of the film based on
the blockbuster, set for May 19, and could cost his
publishers, Random House, millions in damages if it
succeeds. Michael Baigent and Richard Leigh, who wrote
The Holy Blood and the Holy Grail with Henry Lincoln,
are suing Random House - coincidentally their
publishers as well - over the book, which they claim
stole the whole "architecture" of their non-fiction
work.
Their book, first published in 1982, deals with
theories that Jesus and Mary Magdalene married, had a
child, and the bloodline continues to this day - with
the Roman Catholic Church trying suppress the
discovery. The same theme is explored in The Da Vinci
Code, which won best book at last year's British Book
Awards and has sold more than 30m copies worldwide,
earning the author £45m in one year. The case,
expected to last up to two weeks, is expected to help
clarify the extent to which an author can use other
people's research without breaching copyright laws.
Dan Brown acknowledges the theories of The Holy Blood
and the Holy Grail in his novel and names the villain
in his story Sir Leigh Teabing, which, it has been
suggested, was a deliberate part-anagram of the
surnames of the authors of the earlier work. The 1982
book, also a bestseller, was given a new lease of life
by Mr Brown's success, boosting royalties for the
three authors and profits for Random House.
David Hooper, a solicitor specialising in copyright
law, said a claim would not get far unless the authors
of the earlier book could point to passages which
appeared to have been copied.
"You can't copyright an idea. Unless you've got
something like a patent or a trademark, you haven't
got a monopoly.
"If somebody picks up your idea and says that's a
great idea and works on it themselves, that's not
breach of copyright.
"That's how creative things work. I think what Dan
Brown is going to say is that this is over 20 years
later, he has done an immense amount of research, and
it's in an entirely different format.
"And in Dan Brown's book you do find a specific
reference to The Holy Blood and the Holy Grail.
"If people were able say that's my idea, that's my
theme, it would make the whole creative process
incredibly difficult.
"It's one thing if somebody has picked up somebody
else's book and copied large chunks of it, but how on
earth do you know if somebody's taken too much of
somebody else's theme?"
Tahir Amin
Via: Seth Johnson
---------- Forwarded message ----------
Subject: Free software? You can't just give it away - Technology
- Times Online
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Times Online February 21, 2006
Free software? You can't just give it away
Who could be upset by a scheme that allows free use of software?
Well, Gervase Markham has found one Trading Standards officer who
is
Who could possibly be upset with the Mozilla Foundation for
giving away its Firefox browser?
One of my roles at the Mozilla Foundation relates to copyright
licensing. I'm responsible for making sure that the software
we distribute respects the conditions of the free software
licences of the underlying code. I'm also the first point of
contact for licensing questions.
Most of the time, this job involves helping people who want to
use our code in their own products understand the terms, or
advising project members who want to integrate code from
another project into our codebase. Occasionally, however,
something a little more unusual comes along.
A little while ago, I received an e-mail from a lady in the
Trading Standards department of a large northern town. They
had encountered businesses which were selling copies of
Firefox, and wanted to confirm that this was in violation of
our licence agreements before taking action against them.
I wrote back, politely explaining the principles of copyleft -
that the software was free, both as in speech and as in price,
and that people copying and redistributing it was a feature,
not a bug. I said that selling verbatim copies of Firefox on
physical media was absolutely fine with us, and we would like
her to return any confiscated CDs and allow us to continue
with our plan for world domination (or words to that effect).
Unfortunately, this was not well received. Her reply was
incredulous:
"I can't believe that your company would allow people to make
money from something that you allow people to have free access
to. Is this really the case?" she asked.
"If Mozilla permit the sale of copied versions of its
software, it makes it virtually impossible for us, from a
practical point of view, to enforce UK anti-piracy
legislation, as it is difficult for us to give general advice
to businesses over what is/is not permitted."
I felt somewhat unnerved at being held responsible for the
disintegration of the UK anti-piracy system. Who would have
thought giving away software could cause such difficulties?
However, given that the free software movement is unlikely
collectively to decide to go proprietary in order to make her
life easier, I had another go, using examples like Linux and
the OpenOffice office suite to show that it's not just Firefox
which is throwing a spanner in the works.
She then asked me to identify myself, so that she could
confirm that I was authorised to speak for the Mozilla
Foundation on this matter. I wondered if she was imagining
nefarious copyright-infringing street traders taking a few
moments off from shouting about the price of bananas to pop
into an internet cafe, crack a router and intercept her e-
mail.
However, the more I thought about it, providing a sensible
reply to that question is somewhat difficult. How could I
prove I was authorised to speak for the Foundation? We're a
virtual organisation - we have three employees, one in
Vancouver, one in Virginia and one in leafy North London, with
no office or registered trading address in the UK. As far as
the Mozilla part of my life goes, my entire existence is
electronic.
In the end, I just had to say that the fact that I am capable
of receiving and replying to e-mail addressed to
licensing@mozilla.org would have to be sufficient. She would
just have to take it on trust that I was not a router-cracking
banana merchant. She must have done so, as I never heard from
her again.
While the identity verification aspect of this incident is
amusing, what is more serious is the set of assumptions her e-
mails implied. It demonstrates how the free software model
disrupts the old proprietary way of doing things, where
copying was theft and you were guilty until proven innocent.
In a world where both types of software exist, greater
discernment is required on the part of the enforcers. I hope
this is the beginning of the end of any automatic assumption
that sharing software with your neighbour must be a crime.
Gervase Markham says that he works for the Mozilla Foundation,
a non-profit organisation dedicated to promoting choice and
innovation on the internet. Of course, he may just be a banana
seller. His blog is Hacking For Christ
Copyright 2006 Times Newspapers Ltd. This service is provided
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read our Privacy Policy . To inquire about a licence to
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Via: TAHIR AMIN
Orissa to patent traditional textile designs
Bhubaneswar: Orissa plans to patent its traditional
textile designs to guard against their illegal copying
and marketing.
The state government had received complaints that some
manufacturers in Andhra Pradesh and Tamil Nadu were
blatantly copying the patterns and marketing their
products across the globe flaunting them as original
traditional Orissa textiles, said Sanatan Dalai,
additional deputy director of the state's textile
department.
The Sambalpuri, Berhampuri, Nuapatna, Sonepuri, Bomkei
and Kotapad textiles were being copied by producers
from others states, according to the complaints.
Orissa's traditional weavers manufacture these
textiles using the tie and die technique and weaving.
They contribute about half of Orissa's sales of all
textile products, estimated to be nearly Rs.1 billion
($22.5 million) per year, said the official.
"Since the outsiders are selling them at cheap prices,
it has affected the business of these indigenous
products," Dalai told IANS.
"We have registered the Kotapada textile design with
the central government under the Geographical
Indication Act that provides for the patenting of raw
materials, products, product process and technologies
exclusive to a region," he said.
The Kotpada pattern is popular for its unique look,
and tribals in the state's Koraput district use
organic materials like leaves, flowers and barks of
specific trees to produce dyes to produce the
textiles.
Orissa would soon register other textile designs under
the act, the official said.
Tahir Amin
Via: Sunil Abraham
Press release
Copyright is pricing consumers out of knowledge
New report finds WIPO is failing the world’s poorest consumers
The worldwide federation of consumer organisations, Consumers
International (CI), has condemned WIPO technical assistance as
‘thoroughly inadequate’, and is demanding a wholesale review of the
organisation’s legislative advice to developing countries.
The criticism comes as Consumers International publishes the findings of
its study into the copyright laws of 11 Asian countries, released to
coincide with the World Intellectual Property Organization (WIPO)
development agenda summit in Geneva (20-24 February).
The ‘Copyright and Access to Knowledge’* report finds that all 11
countries, including China, India and Malaysia, have given copyright
owners far more protection than the intellectual property treaties they
have signed up to require.
As a result, copyrighted educational materials in these countries are
expensive and consumers are being priced out of access to knowledge.
Imported books are prohibitively priced. When considered in terms of GDP
for instance, selling students a book at US $27 in Indonesia is
equivalent to selling it to students in the US at US$1,048 **
The report concludes that WIPO is failing to provide developing
countries with the technical assistance they need to take advantage of
copyright exemptions and limitations written into international IP
treaties. In doing so, WIPO is tacitly supporting the unfair IP demands
of governments and businesses in the developed world at the expense of
consumers in poorer nations.
Richard Lloyd, Director General of Consumers International said:
‘In order to develop, poorer nations need access to affordable learning
materials. Yet immense pressure from the developed world has meant many
of the copyright laws in these countries are tougher than they need to
be. This means consumers are being priced out of the opportunity to
learn. WIPO must support its developing world member states and provide
them with the technical assistance they need to effectively implement
their rights under international law. ’
Note for editors
Consumers International (CI) is a federation of consumer organisations
dedicated to the protection and promotion of consumer's rights worldwide
through empowering national consumer groups and campaigning at the
international level. It currently represents over 230 organisations in
113 countries. www.consumersinternational.org
*‘Copyright and Access to Knowledge’ (2006) is published by Consumers
International’s Asia Pacific Office. It examines the copyright laws in
Bhutan, Cambodia, China, India, Indonesia, Kazakhstan, Malaysia,
Mongolia, Papua New Guinea, the Philippines and Thailand.
**When a student in Indonesia pays US$27 for International Accounting
(5th Edition) by Frederick D.S. Choi, Gary K Meek, it is equivalent to a
student in the US paying US$1,048 for the same book in GDP per capita
terms and US$302 when compared using the GDP per capita calculated at
purchasing power parity (PPP) exchange rate.
Consumers International Director General, Richard Lloyd and Head of CI
Asia Pacific, Rajes Kanniah are available for interview. Please contact
Luke Upchurch +44 788 767 7930
Via: VRaj
Please Read the story despite knowing the husband is framed, is not
the culprit. Indian Leagl systems orders man to pay the money to gilrs
father, the reason the husband has money to offer.
http://www.indianexpress.com/full_story.php?content_id=88098
See the punishement of being coverd under INDIAN FAMILY LAWS. These
are most stupid Laws one can have.
Via: TAHIR AMIN
Nude-photo site wins injunction against Google
> By Declan McCullagh
>
> Judge says Google image search violates copyright of
> Perfect 10, which sells photos of nude women.
> Images: Searching for perfection
>
>
http://news.com.com/Nude-photo+site+wins+injunction+against+Google/2100-1030_3-6041724.html?tag=sas.email
>
>
Tahir Amin
Via: Sunil Abraham
Asia Commons: Asian Conference on the Digital Commons
April 18-20, 2006
Bangkok, Thailand
http://www.asia-commons.net/
During the last 20 years or so, the level, scope, territorial extent,
and role of copyrights and patents have expanded into new sectors. There
has been much discussion and debate on the impact of copyrights and
patents at a micro level of economic activity while at a macro level,
policy dialogue in several international fora, not least of which is
WIPO, has been addressing barriers posed by copyrights and patents.
Asia Commons: Asian Conference on the Digital Commons invites:
- researchers working in the area of copyrights and patents,
- promoters of collaborative models,
- development practitioners engaged in collaborative content creation
and dissemination, and
- custodians of public information
to go beyond the current dialogue and debate to explore key issues and
ideas related to access to knowledge and culture in Asia.
Participants are invited to explore key themes and questions related to
the Asian Commons:
- What is the relationship between infrastructure and copyrights on
access to culture and knowledge?
- How do software and business process patents affect innovation?
- What are the impacts of patents on software innovations in Asia?
- What are the emerging Open Business Models for content production in
Asia?
- Given existing legal, cultural and infrastructural environments both
within and outside of Asia, how can we contribute to increasing access
to knowledge and culture through an Asia Commons?
While we will be inviting a number of speakers who are seen as
thought-leaders in the field of Access to Knowledge and Culture, we will
also look to innovative approaches to ensure a high degree of
interaction among participants in spaces and sessions which are designed
to maximize the exchange of experiences and ideas.
Conference Fees, Registration, and Scholarships:
There are no fees for participation in the conference which is supported
through funding made available by the International Development Research
Centre's (IDRC's) Pan Asia Program (http://www.idrc.ca/panasia).
If you are interested in participating, please register online at
http://www.asia-commons.net/conf_registration/add or email
registration@asia-commons.net to receive a registration form which can
be submitted through email. Please register before March 8, 2006.
Thanks to the generous support of IDRC's Pan Asia
(http://www.idrc.ca/panasia) and UNDP APDIP's IOSN (http://www.iosn.net)
there are also a number of scholarships available for participants in
need of financial support. Please visit
http://www.asia-commons.net/participate for more information.
Call for Papers:
Asia Commons invites paper abstracts of original papers for sharing your
work and experiences during the discussions at the conference. Papers
should fall within the conference themes:
- Access to Knowledge and Culture in Asia
- Models for Collaborative Knowledge and Culture
- Towards a Healthy Asia Commons
Themes are fully described at: http://www.asia-commons.net/about
Please submit paper proposals to papers@asia-commons.net by February 24,
2006. Proposals should include the title of the paper, an abstract and
contact information of all authors.
Paper writers will be given the opportunity to present their papers at
Asia Commons and will be fully funded to attend the conference.
Paper proposal deadline: February 24, 2006
Proposal acceptance: February 28, 2006
Full paper submission: April 1, 2006
For more information, please visit: http://www.asia-commons.net/papers
Can't Join Us?
For those unable to join us physically during the event, we invite you
to participate through the participants discussion list and visit
http://www.asia-commons.net for outputs during the conference itself.
To subscribe to the participants discussion list, send an email to
participants-request@asia-commons.net with the word subscribe in the
subject.
A special issue of i4d Magazine (http://www.i4donline.net) will be
produced in June 2006 based on the conference and its themes.
We look forward to seeing you at the Asia Commons.
Your Organising Committee:
Shikha Shrestha, Bellanet Asia (in partnership with SAP International)
(http://www.sapint.org)
Sarah Kerr, Bellanet International Secretariat (http://www.bellanet.org)
Jaya Chittoor, Centre for Science, Development and Media Studies
(http://www.csdms.in)
Sunil Abraham, UNDP APDIP's International Open Source Network
(http://www.iosn.net)
Via: Seth Johnson
Please take note. If you are in DC or can be, please go and
speak to the proponents of this treaty. This treaty would
eliminate the principle of net neutrality by international
treaty, and establish the legal basis for pervasive content
control through a new right of "fixation" for broadcasters.
Seth
Public Symposium on the Proposed WIPO "Webcasting Treaty"
The National Academies, Main Auditorium
2100 C Street NW
Washington, DC
February 22, 2006, 1:15 to 5:00 p.m.
On the afternoon of Wednesday, February 22, the National
Academies will hold a public symposium on the application of the
World Intellectual Property Organization's (WIPO) proposed
"Treaty on the Protection of Broadcasting Organizations" to
webcasts on the Internet. The National Academies have a
significant stake in the debate concerning this proposed treaty,
both as frequent producers and users of webcasts and as an
institution representative of the broader scientific, technical,
and medical research community that produces and uses webcasts.
The purpose of this symposium, therefore, is to convene a public
forum for both the proponents and opponents of the proposed
treaty to present their arguments and to provide an opportunity
for public discussion of these issues. The results of the
discussions also will help inform the National Academies about
the merits of this proposed treaty and to develop any public
position with respect to it.
The symposium will include presentations by a representative of
the U.S. Patent and Trademark Office and of several organizations
that favor and oppose the treaty. Senate staff members also have
been invited to express their views. A general discussion is
scheduled among all the speakers, as well as with the audience
following the presentations. The symposium will be chaired by Wm.
A. Wulf, president, National Academy of Engineering. A
preliminary agenda and other information is available at:
http://www7.nationalacademies.org/biso/Webcasting_Treaty_Symposium.html.
Attendance by the public is free and open and no advance
registration is necessary. However, a valid photo ID is required
for entry into the building.
The event also will be webcast. You may participate in the
symposium by listening to the live audio webcast and submitting
questions using an e-mail form at http://national-academies.org.
The webcast requires RealPlayer software, available free at
http://www.real.com/player. For more information on setup and
hardware requirements, see the Real.com Web site.
For further information please contact: Paul F. Uhlir, J.D.,
director of International Scientific and Technical Information
Programs, the National Academies. He may be reached by email at
puhlir@nas.edu, or by phone at (202) 334 2807.
Via: The Sarai Programme
Dear Friend
The Delhi Film Archive and Films for Freedom, in association with Max
Mueller Bhavan and the Sarai Programme at CSDS, Delhi take pleasure in
inviting you to "Free Speech & Fearless Listening: The Encounter with
Censorship in South Asia".
The three day roundtable to discuss the challenges confronting cultural
producers in the South Asia region will be held at the Max Mueller Bhavan
(Goethe Institute), Kasturba Gandhi Marg, New Delhi from February 22-24,
2006. This will be preceded by a 'curtain raiser' called "Interrogating
Censorship" on February 21 at 4 :00 pm at Sarai.
Independent documentary filmmakers, journalists, writers and other
professionals have struggled to create spaces for images, words and ideas
that find little support with governments or market-driven corporations.
Meanwhile the transformed nature of information flows at the cusp of the
late 20th and early 21st Century has rendered inadequate national
territories as exclusive sites of study or debate. As newer technologies of
production and dissemination generate an unprecedented amount of
information, there are simultaneously greater demands for restrictions on
speech from state, non-state and corporate players. The proposed
'roundtable' is an attempt to acknowledge and understand the circulation
and
curtailment of speech in the South Asia region and will attempt to engage
with the transformed mediascape to understand how images and information
are
being created or erased.
We look forward to your participation and contribution in what we hope will
be an on-going conversation. Please find attached the Proposed Schedule and
List of Participants. If you have any questions, please do not hesitate to
get in touch with us at
For the Delhi Film Archive -
Amar Kanwar / Anupama Srinivasan / Atul Gupta / Gargi Sen / Gurvinder
Singh/
Kavita Joshi/ Nakul Sood / Rahul Roy / Raj Baruah/ Ranjani Mazumdar/ Saba
Dewan / Samina Mishra / Sanjay Kak / Sanjay Maharishi / Sabeena Gadihoke /
Sameera Jain/ Sherna Dastur/ Shikha Jhingan/ Shuddhabrata Sengupta /
Shohini
Ghosh / Shubhradeep Chakravorty / Uma Devi)
Feb 22-24 Max Mueller Bhawan,
Kasturba Gandhi Marg, New Delhi / tel 23332 9506
Feb 21 Sarai Programme / CSDS,
29 Rajpur Road, Delhi / tel 2396 0040
Information: delhifilmarchive@yahoo.com
