US Companies Say No To WIPO Broadcast Treaty

September 21, 2006 on 11:48 pm | In blog | No Comments

In brief: post about the group of US corporations who are asking the US Government to reject the Broadcast Treaty.

The companies are:

AT&T
Broadband Service Providers
Association
Cingular Wireless
Computer and Communications Industry
Association
Consumer Electronics Association
CTIA – The Wireless Association
Dell Inc.
Hewlett Packard Company
Home Recording Rights Coalition
Intel Corporation
Panasonic Corporation of North America
RadioShack Corporation
Sony Electronics Incorporated
TiVo Inc.
U.S. Internet Industry Association
USTelecom
Verizon Communications Inc.
Verizon Wireless

Lack of formatting to follow – I’m pasting this from email…



This afternoon a coalition of industry groups submitted the following
Request for US Government Opposition to Advancing a Diplomatic Treaty
Conference on the Proposed WIPO Treaty on the Protection of
Broadcasting Organizations From Certain Information Technology,
Consumer Electronics and Telecommunications Industry Representatives.

Contact:
James M. Burger
Attorney at Law
Dow Lohnes
1200 New Hampshire Avenue, NW Suite 800 Washington, DC 20036-6802
T 202-776-2300
F 202-776-4300
E jburger@dowlohnes.com
www.dowlohnes.com

*********************************************************************
REQUEST FOR US GOVERNMENT OPPOSITION TO ADVANCING A DIPLOMATIC TREATY
CONFERENCE ON THE PROPOSED WIPO TREATY ON THE PROTECTION OF
BROADCASTING ORGANIZATIONS FROM CERTAIN INFORMATION TECHNOLOGY,
CONSUMER ELECTRONICS AND TELECOMMUNICATIONS INDUSTRY REPRESENTATIVES

On behalf of the undersigned companies and associations, many of whom
attended last week’s SCCR 15th session in Geneva, we would like to
express our concerns about the controversial decision to convene a
Diplomatic Conference on the proposed WIPO Treaty on the Protection
of Broadcasting Organizations which is proposed for mid-2007. We ask
that the US Government reach out to other country delegations and
express its objections to proceeding with a Diplomatic Conference at
this time.

The outcome of last week’s meeting leaves us with broad draft treaty
language which is not limited to signal theft, does not address
network intermediary liability, does not adequately address
limitations and exceptions, and includes broad technical protection
measure (TPM) protections language. In addition, the actual text of
proposed treaty language, which would form the basis of a diplomatic
conference, was, at the end of last week’s meeting, very much up in
the air.

During the last day of the 15th SCCR, the Chairman did promote a
different approach to developing a treaty. His approach appears to
provide a basic framework more consistent with both US law and the
undersigned companies’ interests. In addition, it is our view as
observers that there was growing support for such an approach on the
floor. Given the amount of disagreement regarding the SCCR 15/2 text,
and the strong support throughout these negotiations by most
delegations for protecting signals only, we do not believe that it is
appropriate to proceed to a Diplomatic Conference without doing so on
the basis of a text which clearly has consensus and is focused on
such an approach.

In discussions between industry and delegations, we detected shared
concerns regarding the state of the SCCR 15/2 text. We believe that
the US Delegation should engage in bilateral outreach to a number of
countries that expressed concern and seek support to: (1) reject
moving forward with a Diplomatic Conference until there is a stable
text; (2) narrow the treaty’s scope to signal theft; (3) narrow the
term of protection; (4) ensure limitations on network intermediary
liability; (5) ensure other appropriate limitations and exceptions,
such as excluding home and personal networks; and, (6) exclude TPMs
from the scope of the treaty.

We appreciated the opportunity to consult with the US Delegation and
we were disappointed that the initial objections they raised at the
meeting about proceeding with a Diplomatic Conference were ignored.
We therefore would encourage the USG to send a follow up letter to
the Director General of WIPO and other appropriate parties further
expressing its strong objections to authorizing a Diplomatic
Conference at the General Assembly.

Should there be a proposal to convene the SCCR again in early 2007 to
consider a redraft of the Draft Basic Proposal based on the
Chairman’s outline and associated comments, as well as the many
interventions of a similar nature by other delegations including the
USA at SCCR 15, such a draft text should be developed and broadly
circulated before such a meeting is held. No Diplomatic Conference
should be authorized until there is a real consensus text.

The role of WIPO in norm setting is extremely important to the
undersigned, all of whom are significant intellectual property
holders. Given the unstable condition of the current draft treaty,
there is a low probability of a successful Diplomatic Conference. The
damage to the institution of a failed Diplomatic Conference would
detract from international intellectual property norm setting – a
fate all of the undersigned wish to avoid.

We recognize that there is limited time to undertake outreach to
other country delegations; however, we believe this outreach is
critical. We stand ready to meet with the US Delegation at any time
to further express our concerns and lend our support.

AT&T
Broadband Service Providers
Association
Cingular Wireless
Computer and Communications Industry
Association
Consumer Electronics Association
CTIA – The Wireless Association
Dell Inc.
Hewlett Packard Company
Home Recording Rights Coalition
Intel Corporation
Panasonic Corporation of North America
RadioShack Corporation
Sony Electronics Incorporated
TiVo Inc.
U.S. Internet Industry Association
USTelecom
Verizon Communications Inc.
Verizon Wireless

************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.: +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

Consumer Project on Technology
1 Route des Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727

Consumer Project on Technology
24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607

_______________________________________________
A2k mailing list
A2k@lists.essential.org

http://lists.essential.org/mailman/listinfo/a2k

No Comments yet »

RSS feed for comments on this post. TrackBack URI

Leave a comment

You must be logged in to post a comment.

Powered by WordPress with Pool theme design by Borja Fernandez developed by Mark Crook, UKPA.
Entries and comments feeds. Valid XHTML and CSS. ^Top^