Acta, Open standards, and all the restActa, Open standards, and all the rest

Eva Lichtenberger

MEP Austria, Greens

Summer University, Frankfurt an der Oder, Aug. 08

Eva Lichtenberger

MEP Austria, Greens

Summer University, Frankfurt an der Oder, Aug. 08

EU: Dossiers in DiscussionEU: Dossiers in Discussion

1. Open Standards Petition in the EP2. Open standards and open source (in the public

sector)3. Interoperability4. Unbundling5. Community Patent6. Intellectual properties enforcement7. ACTA and TEC8. Global Online Freedom Act9. Copyright10. The Green Model

1. Open Standards Petition in the EP2. Open standards and open source (in the public

sector)3. Interoperability4. Unbundling5. Community Patent6. Intellectual properties enforcement7. ACTA and TEC8. Global Online Freedom Act9. Copyright10. The Green Model

1. Petition for Open Parliament1. Petition for Open Parliament

Parliaments‘ ICT system is locked into the products of one vendor. (web-streaming of meetings)

This makes it impossible for MEPs to read all documents received from citizens in formats adhering to Open Standards, including even ODF (Open Document Format). MEPs are forced to use products from one single company.

Parliaments‘ ICT system is locked into the products of one vendor. (web-streaming of meetings)

This makes it impossible for MEPs to read all documents received from citizens in formats adhering to Open Standards, including even ODF (Open Document Format). MEPs are forced to use products from one single company.

1.1. A Monopoly in the European Parliament?1.1. A Monopoly in the European Parliament?

This is in contradiction to: Treaty of the EU, Chapter one: ...“decisions are taken with the

greatest possible respect for openness and as near as possible to the citizens.“

This is in contradiction to: Treaty of the EU, Chapter one: ...“decisions are taken with the

greatest possible respect for openness and as near as possible to the citizens.“

2. Open standards2. Open standards

Standards are crucial. They could be Decided by governments, Agreed upon by industry groups Imposed by monopolists to set proprietary

standards

Standards are crucial. They could be Decided by governments, Agreed upon by industry groups Imposed by monopolists to set proprietary

standards

2. 1. International standard organisation (ISO)2. 1. International standard organisation (ISO) Set a second standard for MS after

having agreed on the open standard for documents.

This is very unusual in standard-setting!

Contested by extra-EU countries Will it be changed? Has been a nice try ...

Set a second standard for MS after having agreed on the open standard for documents.

This is very unusual in standard-setting!

Contested by extra-EU countries Will it be changed? Has been a nice try ...

3. Open standards and interoperability3. Open standards and interoperability Increase quality and reusability Enables improved service quality Decrease costs of access, training,

integration and switching

Competition based on price, quality and innovation.

A fair market without vendor lock in and without mountains of electronic garbage.

Increase quality and reusability Enables improved service quality Decrease costs of access, training,

integration and switching

Competition based on price, quality and innovation.

A fair market without vendor lock in and without mountains of electronic garbage.

3.1. Interoperability3.1. Interoperability

Compatibility and interoperability of systems are mandatory in policy fields like rail transport and satellite radionavigation, in river information systems and logistics

To guarantee smooth functioning of links and

To improve users‘ choice

Compatibility and interoperability of systems are mandatory in policy fields like rail transport and satellite radionavigation, in river information systems and logistics

To guarantee smooth functioning of links and

To improve users‘ choice

3.2. Interoperability vs. Compatibility3.2. Interoperability vs. Compatibility Preservation of information Readability (floppy discs vs memo-sticks)

needs technical systems Importance of Open Standards The role of patents: LEGO is a non

interoperable system (a patent prohibits to produce elements with the same characteristics without license)

Preservation of information Readability (floppy discs vs memo-sticks)

needs technical systems Importance of Open Standards The role of patents: LEGO is a non

interoperable system (a patent prohibits to produce elements with the same characteristics without license)

3.3. Open source software3.3. Open source software

Could reach 35 % market share of all IT services by 2010

Could rise to 5 % GDP Could help industry to save 36 % in

software R + D Is ideal for SMEbased business

Could reach 35 % market share of all IT services by 2010

Could rise to 5 % GDP Could help industry to save 36 % in

software R + D Is ideal for SMEbased business

G. GilBrasil G. GilBrasil

Going

Open Source

decided by

Brazilian

Government

24. 1. 06

Going

Open Source

decided by

Brazilian

Government

24. 1. 06

3.4. Open Source3.4. Open Source

Some (unexpected) changes Commissioner Neelie Kroes: „I know a smart business solution when I

see one. Choosing open standards is a very smart business solution indeed!“

(Reuters, 12. 6. 08)

Some (unexpected) changes Commissioner Neelie Kroes: „I know a smart business solution when I

see one. Choosing open standards is a very smart business solution indeed!“

(Reuters, 12. 6. 08)

3.4. The role of public administration3.4. The role of public administration Kroes: Government customers can

help. She said the European Commission (...) needed to work harder to carry out an internal policy to choose open, well documented standards when it bought technology

Kroes: Government customers can help. She said the European Commission (...) needed to work harder to carry out an internal policy to choose open, well documented standards when it bought technology

3.4. Open source in public sector - a success story3.4. Open source in public sector - a success story Improving accessibility to citizens

through non-proprietary systems Minimize dependence from single

vendors, avoiding costly updates Better security for data traffic Taylor-made solutions ....

Improving accessibility to citizens through non-proprietary systems

Minimize dependence from single vendors, avoiding costly updates

Better security for data traffic Taylor-made solutions ....

3.5. But also some backlashes 3.5. But also some backlashes

Vienna stopped open source strategy because of double standard problems

Will possibly re-migrate to MS-Systems

MS Lobbying in schools and SPÖ (language diagnosis systems, books about safe internet as a present for NGOs working with children....)

Vienna stopped open source strategy because of double standard problems

Will possibly re-migrate to MS-Systems

MS Lobbying in schools and SPÖ (language diagnosis systems, books about safe internet as a present for NGOs working with children....)

4. Bundling and unbundling4. Bundling and unbundling

Technical neutrality of PCs - but: based on contracts includes the Windows-package

French initiative to unbundle (get money back for the software included but not wanted) - wwww.racketiciel.info

Wasting energy to protect the rights of the producer (hidden costs through hidden algorithms)

Technical neutrality of PCs - but: based on contracts includes the Windows-package

French initiative to unbundle (get money back for the software included but not wanted) - wwww.racketiciel.info

Wasting energy to protect the rights of the producer (hidden costs through hidden algorithms)

5. Lisbon strategy5. Lisbon strategy

Has failed on large scale Debate about competences and lack of

harmonisation in social rights But is main argument for enforcing IPRs IPRs are now the last hope for Lisbon

phraseology With possible negative effects ....

Has failed on large scale Debate about competences and lack of

harmonisation in social rights But is main argument for enforcing IPRs IPRs are now the last hope for Lisbon

phraseology With possible negative effects ....

5.1. Enhancing patent system in Europe5.1. Enhancing patent system in Europe Communication from the Commission

to the EP, march 07 Sees the fragmented single market for

patents resulting in serious consequences for the competitiveness of Europa in terms of patent activity

Communication from the Commission to the EP, march 07

Sees the fragmented single market for patents resulting in serious consequences for the competitiveness of Europa in terms of patent activity

5.2. There is a false equation on the way:5.2. There is a false equation on the way:

Lots of patents = high innovation Lack of patents = poor innovation

Number of patents serves as measurement for innovation

Lots of patents = high innovation Lack of patents = poor innovation

Number of patents serves as measurement for innovation

5.3. Questionable axioms:5.3. Questionable axioms:

If you don‘t have a strong patent-system, nobody would invent something any more

You have to give strong protection to IPRs to support innovation

Material property rights and intellectual property rights are almost the same

If you don‘t have a strong patent-system, nobody would invent something any more

You have to give strong protection to IPRs to support innovation

Material property rights and intellectual property rights are almost the same

5.4. Community patent5.4. Community patent

Failed because of language question in 2003

Consultation in January 2006 „the results of the consultation leave no

doubt as to the urgent need for action to provide a simple, cost-effective and high quality one-stop-shop patent system in Europe, ...“

„efficient EU-wide patent litigation“ (EPLA)

Failed because of language question in 2003

Consultation in January 2006 „the results of the consultation leave no

doubt as to the urgent need for action to provide a simple, cost-effective and high quality one-stop-shop patent system in Europe, ...“

„efficient EU-wide patent litigation“ (EPLA)

5.6. STOA - Report on Patents5.6. STOA - Report on Patents

Cost-benefit-calculation is in some areas far from being in balance: the patent-system can‘t grant temporary monopolies without gains for the public

Disproportionate patenting activities in the USA: + 60 % patents, only + 10 % investment in R&D

Value of patents has no relation to value of invention, serves mainly to block competitors

Cost-benefit-calculation is in some areas far from being in balance: the patent-system can‘t grant temporary monopolies without gains for the public

Disproportionate patenting activities in the USA: + 60 % patents, only + 10 % investment in R&D

Value of patents has no relation to value of invention, serves mainly to block competitors

6. Intellectual Property Enforcement Directive - IPRED 26. Intellectual Property Enforcement Directive - IPRED 2

Voted in summer 06 in the EP End-user not in the scope Enforces cooperation of right-holders

and authorities Stuck in the Council - no agreement

on the EU in intervening in criminal law (Competence of MS)

Voted in summer 06 in the EP End-user not in the scope Enforces cooperation of right-holders

and authorities Stuck in the Council - no agreement

on the EU in intervening in criminal law (Competence of MS)

6.1. The French Graduated Response6.1. The French Graduated Response Is promoted as an ideal tool to protect

artist‘s rights and IPR in general Privatisation of the rule of law? Legally questionable Criminalisation of potential clients Lack of proportionality

Is promoted as an ideal tool to protect artist‘s rights and IPR in general

Privatisation of the rule of law? Legally questionable Criminalisation of potential clients Lack of proportionality

7. Anti-counterfeiting Trade Agreement - ACTA7. Anti-counterfeiting Trade Agreement - ACTA

Copyright and trademark-protection through close cooperation

Including border controls Including also willful infringements in

its scope without commercial use of protected issues

Copyright and trademark-protection through close cooperation

Including border controls Including also willful infringements in

its scope without commercial use of protected issues

7.1. Business-interests versus EP-decision7.1. Business-interests versus EP-decision Mandate for the Commission decided by the

Fishery Council last year as an A-point Shall be agreed on on the G8-summit before

the end of the year Including US, EU, Switzerland, Japan and

Canada No information of the EP on the ongoing

deal!

Mandate for the Commission decided by the Fishery Council last year as an A-point

Shall be agreed on on the G8-summit before the end of the year

Including US, EU, Switzerland, Japan and Canada

No information of the EP on the ongoing deal!

7.2. Possible Future:7.2. Possible Future:

Will they control Ipods on Airports for illegally downloaded movies and music?

Will they control Ipods on Airports for illegally downloaded movies and music?

7. 3. Transatlantic Economic Business Dialogue - TEC7. 3. Transatlantic Economic Business Dialogue - TEC Harmonizing material patent law on both

sides of the Atlantic Sea via mutual recognition

Will lower European patent standards Opens the door for US-style- patent-

litigation Software patents through the backdoor? Patenting of business-models also in EU?

Harmonizing material patent law on both sides of the Atlantic Sea via mutual recognition

Will lower European patent standards Opens the door for US-style- patent-

litigation Software patents through the backdoor? Patenting of business-models also in EU?

Digital revolutionDigital revolution

Separating information from matter Ownership versus rights to use Importance of access

Separating information from matter Ownership versus rights to use Importance of access

IPRs and the Knowledge SocietyIPRs and the Knowledge Society

Telecom Package IPRED 2 (criminal measures for

copyright infringement) 99 years for copyright Three strikes model (France) Artists‘ income Old models in a new environment No credible new solutions up to now

Telecom Package IPRED 2 (criminal measures for

copyright infringement) 99 years for copyright Three strikes model (France) Artists‘ income Old models in a new environment No credible new solutions up to now

How to translate the rights in the physical world to the digital sphere?How to translate the rights in the physical world to the digital sphere?

New economic models Moving information instead of moving

matter Mwesch on YouTube

New economic models Moving information instead of moving

matter Mwesch on YouTube

8. Global Online Freedom Act8. Global Online Freedom Act

Cross-party initiative Starting point for discussion Application of human rights policy in

economic relations concerning Internet

Cross-party initiative Starting point for discussion Application of human rights policy in

economic relations concerning Internet

8. Gobal Online Freedom Act8. Gobal Online Freedom Act

Censorship in the internet (China) Respecting human rights in

international relations Formulating the consequences also in

international trade concerning HRs Europe‘s companies selling the

facilities for censorship to China

Censorship in the internet (China) Respecting human rights in

international relations Formulating the consequences also in

international trade concerning HRs Europe‘s companies selling the

facilities for censorship to China

9. The old copyright9. The old copyright

The old model does not work well in the Internet (licensing)

On the long run we will need a new model of remuneration for art products to guarantee income for artists

This needs also a new approach for the collecting societies (administrating artists‘ rights)

The old model does not work well in the Internet (licensing)

On the long run we will need a new model of remuneration for art products to guarantee income for artists

This needs also a new approach for the collecting societies (administrating artists‘ rights)

10. To-do‘s for the sake of innovation10. To-do‘s for the sake of innovation IPRs have to be discussed also with the

users, not exclusively by right-holders! EP has to be involved! Creative commons have to be promoted in

public as one alternative model! Transparency and privacy have to be

considered as cornerstones of our European identity.

IPRs have to be discussed also with the users, not exclusively by right-holders!

EP has to be involved! Creative commons have to be promoted in

public as one alternative model! Transparency and privacy have to be

considered as cornerstones of our European identity.

10. We need a Green Online Freedom Act!10. We need a Green Online Freedom Act!

Thanks for your attention and ...

stay alert!

Thanks for your attention and ...

stay alert!

Group Discussion, 29.+30. 8. 08Group Discussion, 29.+30. 8. 08

Results - to be completed Results - to be completed

The fundamental civil rights must be upheld in the digital environment, 1The fundamental civil rights must be upheld in the digital environment, 1 Right to access

Right to community access Who owns/controls the infrastructure? Access to knowledge and knowledge to access

Right for freedom of expression/publication Protection of privacy

quality of the IP-address - is it private data? Access of police to computers online Police intervention only under the rule of law

Network neutrality Ownership of infrastructure

Right to access Right to community access Who owns/controls the infrastructure? Access to knowledge and knowledge to access

Right for freedom of expression/publication Protection of privacy

quality of the IP-address - is it private data? Access of police to computers online Police intervention only under the rule of law

Network neutrality Ownership of infrastructure

The fundamental civil rights must be upheld in the digital environment, 2The fundamental civil rights must be upheld in the digital environment, 2 Proper legislation on „property“ = authorship,

exclusion rights, remuneration, duration Fair use of content - exclusion of end-users Use of orphan works IPRs as a whole illegalized downloads are the result of a market

failure, the right to share Open standards and interoperability (freedom of

association) DRMs

Proper legislation on „property“ = authorship, exclusion rights, remuneration, duration Fair use of content - exclusion of end-users Use of orphan works IPRs as a whole illegalized downloads are the result of a market

failure, the right to share Open standards and interoperability (freedom of

association) DRMs

The fundamental civil rights must be upheld in the digital environment, 3The fundamental civil rights must be upheld in the digital environment, 3

Consumer rights Unbundling hardware and software

Market policy Mergers ie google and double-clic Functional unbundling

Consumer rights Unbundling hardware and software

Market policy Mergers ie google and double-clic Functional unbundling

Some more Ideas - Pellegrini, JosefsonSome more Ideas - Pellegrini, Josefson The EP has no right to initiate and advocate issues like

interoperability; this must be changed to balance interests

Lobbying is extremely important in the EU, thousands of lobbyists in Bxl

Joint investigation teams in the IPRED 2 report Example - Telecom package, infrastructure - rooters

with processing power do deep content inspection - control and filtering

The control on technology is the core problem

The EP has no right to initiate and advocate issues like interoperability; this must be changed to balance interests

Lobbying is extremely important in the EU, thousands of lobbyists in Bxl

Joint investigation teams in the IPRED 2 report Example - Telecom package, infrastructure - rooters

with processing power do deep content inspection - control and filtering

The control on technology is the core problem