30 November 2015

2015 DMCA Exemptions, Circumventing Copyright Protections

source: 2015 DMCA Exemptions In Detail: When Is It OK to Technologically Circumvent Copyright Protections? | JD Supra Perspectives - JDSupra

27 November 2015

Domain Name Strategies for Start-Ups: Trademark, Copyright, Unfair Competition

source: Domain Name Strategies for Start-Up Companies | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupra

23 November 2015

Corruption Across The World Visualised

Infographic: Corruption Across The World Visualised | Statista

Chart: Corruption Across The World Visualised | source: Statista

Poorly equipped schools, counterfeit medicine and elections decided by bribes are just some of the consequences of public sector corruption. According to Transparency International, nowhere on earth is deemed totally free of corruption. Somalia and North Korea in particular stand out on this map - both scored only 8 out of a potential perfect score of 100. Denmark, New Zealand, Finland and Sweden were rated the least corrupt nations worldwide, according to Transparency International.

This chart shows countries and territories ranked on perceived public sector corruption in 2014.

18 November 2015

IGF2015: UN's Ban Ki-moon: ‘Turn digital divides into digital opportunities’

‘Turn digital divides into digital opportunities,’ Ban tells annual UN forum on Internet governance:

To cover the “breadth and depth” of the recently adopted Sustainable Development Goals, the potential of the data revolution must be explored through the use of new and non-traditional sources of data, United Nations Secretary-General Ban Ki-moon stressed at the 10th annual Internet Governance Forum (IGF), João Pessoa, Brazil.

“Less than two months ago, world leaders adopted the visionary 2030 Agenda for Sustainable Development. Our challenge now is to implement this blueprint for a better future. Information and communications technologies and the Internet can empower this global undertaking,” said Mr. Ban in his remarks at the Forum, delivered by UN Assistant Secretary-General for Economic Development, Department of Economic and Social Affairs Lenni Montiel.

Mr. Ban observed that there are several challenges in implementing the Sustainable Development Agenda, including large digital divides.

“People living in poverty, women and girls, children, persons with disabilities, older persons, indigenous peoples and marginalized, vulnerable groups lack adequate access to and training in using ICTs and the Internet,” said the Secretary-General, adding that cyberattacks, cybercrime and issues related to privacy and surveillance are also issues that need to be addressed.

Mr. Ban urged all stakeholders to “intensify efforts to promote accessibility, affordability, education and multilingualism by investing in critical infrastructure and capacity building and by building an open, reliable, safe, secure, stable and inclusive Internet through multilateral and multi-stakeholder global partnerships.”

He also called for collective reaffirmation of the universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms, both online and offline.

Each year, the United Nations convenes the IGF meeting, through the UN Department of Economic and Social Affairs, to bring together various stakeholders to discuss current and emerging Internet governance issues, as well as related opportunities and challenges.

The IGF is an open, inclusive and transparent forum for dialogue on public policy issues related to key elements of Internet governance. It is intended to foster a common understanding of how to maximize Internet opportunities and address the challenges that arise.

According to a news release issued by the Department of Economic and Social Affairs, the three-day meetings was expecting some 5,000 attendees, including high-level government officials, civil society leaders and Internet policy experts, both in-person and online.

“Evolution of Internet Governance: Empowering Sustainable Development” was the overarching theme of this year’s Forum, focusing on the importance of Information and Communication Technologies (ICTs) and the Internet in developmental activities.

“Information and Communications Technologies, as a powerful enabler of sustainable development, can make great contributions to the implementation of the goals and targets of the 2030 Agenda,” noted Mr. Wu Hongbo, UN Under-Secretary-General for Economic and Social Affairs.

Other sub-themes addressed in the Forum were Cybersecurity and Trust; Internet Economy, Inclusiveness and Diversity, Openness; Enhancing Multi-stakeholder Cooperation, Internet and Human Rights, Critical Internet Resources and Emerging Issues.

“The IGF Platform has contributed towards efforts at national, regional and international levels to build a cyberspace that promotes peace and security, enables development and ensure human rights,” said Mr. Montiel.

Further, the Department observed that Agenda 2030 aims to “significantly increase access to information and communications technology and strive to provide universal and affordable access to the Internet in least developed countries by 2020.”

According to the International Telecommunications Union (ITU), there are more than 7 billion mobile subscriptions worldwide, compared to only 738 million in 2000. However, ITU estimates that four billion people in the developing world still remain unconnected despite making progresses in bridging the digital divide.

source: United Nations News Centre - ‘Turn digital divides into digital opportunities,’ Ban tells annual UN forum on Internet governance (10 November 2015)

17 November 2015

UN Internet Governance Forum, IGF2015, ICTs, Sustainable Development

14 November 2015 – Consensus at the closing 10th Internet Governance Forum (IGF) in Brazil today underscored the contribution of Information Communications Technologies (ICTs) and the Internet to the achievement of the recently adopted 2030 Agenda for Sustainable Development, the United Nations announced. Goal 9 of the agenda sets an ambitious target to “significantly increase access to information and communications technology and strive to provide universal and affordable access to the Internet in least developed countries by 2020.”

“In keeping with the IGF inclusiveness, this gathering in Joao Pessoa addressed both opportunities and challenges under the following sub-themes: Cybersecurity and Trust; Internet Economy; Inclusiveness and Diversity; Openness; Enhancing Multi-stakeholder Cooperation; Internet and Human Rights; Critical Internet Resources and Emerging Issues,” said UN Assistant Secretary-General Lenni Montiel in a press release.

According to the UN, the three-day Forum “became the Mecca center for vibrant discussions about internet governance in the context of sustainable development.” Annually convened by the Organization, the 2015 event reportedly succeeded in giving some 4,000 online participants, from 116 developed and developing countries, the opportunity to engage directly with 2,400 on-site attendees in debates that addressed the challenges, as well as opportunities for the future of the internet.

In addition, over 150 thematic workshops at the 10th IGF focused on a diverse range of topics spanning from zero rating and network neutrality to freedom of expression online, cybersecurity and internet economy. Many workshops also stressed the interrelation of human rights and fundamental freedom, both online and offline and how this related to the promotion of development.

Meanwhile, the Under-Secretary-General for the Environment, Energy, Science and Technology of the Ministry of Foreign Affairs of Brazil, Ambassador José Antônio Marcondes de Carvalho, said the Forum could develop and produce “tangible contributions” and, thus, have more substantial impact on the evolution of the Internet, especially in terms of public policy.

“This Forum gives an unambiguous message of the importance of the IGF and the legitimacy and relevance of its continuity,” he stated.

source: United Nations News Centre - UN Internet Governance Forum closes, highlights linkages with sustainable development

16 November 2015

NTIA's Larry Strickling at Internet Governance Forum, João Pessoa, Brazil

Remarks of Lawrence E. Strickling, U.S. Assistant Secretary of Commerce for Communications and Information, at IGF2015, the Internet Governance Forum 2015, at João Pessoa, Brazil, on November 10, 2015–as prepared for delivery–(emphasis added):

Thank you. At the outset, let me congratulate our host nation, Brazil, as the first country to have hosted two meetings of the Internet Governance Forum (IGF). It is fitting that Brazil, with its strong tradition of supporting multistakeholder Internet governance, be the first country to earn this honor.

Over the past 10 years, the IGF has proven itself to be an indispensable platform for addressing Internet issues. I look forward each year to attending the IGF and meeting with this diverse collection of stakeholders to tackle the challenges facing the Internet. This year I am pleased to see important innovations in the IGF’s intersessional work on items such as the best practices forums and the IGF policy options document on connecting the next billion. These and other innovations will enrich the conversations this week in Brazil.

As we mark the 10-year anniversaries of the World Summit on the Information Society (WSIS) and the IGF, it is important to take stock of where we have come and the challenges ahead. There is much to celebrate in how the Internet has evolved into a platform for global economic growth, innovation and free speech. The open Internet is helping the economies and societies of both developed and developing nations. Not only has it created a dynamic and growing digital economy, it has transformed just about every facet of our day-to-day lives. Every one of us has a stake in ensuring the continued growth, job formation and wealth creation that an open Internet brings.

In the United States, we attribute that success in large part to the bottom-up, multistakeholder approach to resolving technical and policy challenges facing the Internet. This is why we are such strong supporters of the IGF – one of the preeminent international examples of this approach – and have called for an extension of the IGF that is consistent with its original mandate. We are pleased that so many countries have echoed this call. If collectively, we continue to support multistakeholder Internet governance, if we make it more inclusive of developing countries and more responsive to all stakeholders, then we can truly achieve the Information Society we envisioned 10 years ago.

In the United States, we are committed to multistakeholder Internet governance, as convincingly demonstrated by our announcement in March 2014 that the U.S. government would transition its historical stewardship role over the Internet Domain Name System to the multistakeholder community. Since that time, the response from the community of technical experts, academics, civil society and industry has been inspiring. Over the past year and a half, stakeholders have worked hundreds of hours to complete a transition proposal that meets the criteria we have outlined. We are hopeful the working groups will complete their work in the coming weeks.

This work is tiring; sometimes contentious; perhaps exasperating. No doubt, this is not an easy task. But it is an important one. All of us should appreciate the effort and level of commitment demonstrated by all the participants in this process. Most importantly, the process is working and I am confident it will be successful. It will be a testament to the strength of the multistakeholder process when the transition is completed.

But even with the growth of international support for multistakeholder governance, there is continued cause for concern. Freedom House’s 2015 report on Internet freedom finds that Internet freedom around the world is in decline for a fifth consecutive year. More governments are censoring information from their citizens and attempting to put up barriers to the open Internet within their borders.

The growth of sophisticated malware and other cyber security threats, the need to protect the privacy of Internet users and the mounting online theft of intellectual property online have challenged governments’ ability to balance these important interests with the equally important need for openness. Governments increasingly feel compelled to do something they see as meaningful – if not outright drastic – to protect their citizens and their businesses from these threats.

Regrettably, in their attempts to do something to protect their citizens and businesses, governments sometimes rush to put up digital walls between their countries and the rest of the world, between their citizens and people abroad. In recent years, we have seen governments institute data localization laws, as well as impose limitations on data storage and data transfer.

Historically, these kinds of restrictive policies have tended to be pursued by authoritarian governments that want to try to control information and monitor the activities of their citizens. In recent years, however, even democratic countries have considered restrictions on data flows.

Such proposals do far more harm than good. Restricting data flows and competition between firms increase costs for Internet users and businesses, retard technological innovation, and may curb freedom of expression.

This assessment may seem like common sense to many of us in this room. But it is not accepted by everyone. And that is why it is imperative that we continue multistakeholder venues like the IGF. They allow us – as representatives of diverse stakeholder communities – to come together, to offer our unique perspectives, to work through our most difficult problems, and to make a case for policies and practices that encourage the development of an open and innovative Internet.

In closing, I urge all nations to step up in support of the free and open Internet and the multistakeholder process that has led to its success. If we want to maintain a vibrant and growing Internet, we must all take action to ensure that the multistakeholder approach continues to define the future of Internet governance. Thank you for listening.

Source: US Government - NTIA

11 November 2015

The European Video Streaming Challenge

Infographic: The European Video Streaming Challenge | Statista

Chart: The European Video Streaming Challenge | Statista--This chart provides key information about video streaming--

Video streaming market development with Netflix
After its extremely successful development in North America, Netflix has made efforts to try and spread the same enthusiasm for its subscription-based video streaming services across Europe since early 2012. Last year, both Netflix and competitor Amazon launched their streaming services in Germany. The European market for subscription-based video on demand services (SVOD) appears to be on the upswing. Upon taking a closer look at the phenomenon, Statista’s Digital Market Outlook found that the triumph of video on demand subscriptions does not extend to other countries in quite the same way. In North America, roughly 67 million consumers subscribe to paid video streaming services, generating revenues of roughly $5 billion in 2015. So far, Netflix is the uncontested market leader with 71% (USA) and 68% (Canada) of all SVOD users subscribing to its services. In Europe, there are three major markets for video on demand subscriptions and roughly 12 million paying users. Here, Netflix has already won over 40% of German, 37% of French and an impressive 80% of all SVOD users in the United Kingdom.

European user penetration will not measure up to North America's triumph
While projections suggest that in America and Canada roughly 30% of the population will be subscribed to a paid streaming service in 2020, Statista forecasts expect to see the first signs of market saturation in Germany and France three years from now. Roughly 10% of the German population will be subscribed to paid SVOD services by then. Primary reasons for the lack of willingness to pay are national mandatory broadcasting fees on the one hand, and a general reluctance when it comes to paid digital subscription models on the other. The United Kingdom is the exception here. Nevertheless, success rates of streaming services in Europe will not compare to those in North America in the long run.

Per capita revenues to increase further
Even though the market penetration of streaming services in Europe is significantly lower than in North America, growing revenues per user still point towards intensive usage and an increase in customer loyalty. New offers are placed on the market constantly and consumers will more than likely be tempted to sign up for multiple subscriptions at once. The forecast also takes into account that the number of first-time subscriptions is still relatively high, which in turn lowers annual average expenses. However, growing customer loyalty will ultimately have a positive effect on annual per capita revenues. Unsurprisingly, user demographics suggest that subscribers from Generation Y dominate the market across all countries. In Europe, male users form a slight majority.

10 November 2015

UNESCO, Internet Freedom, Internet Universality, at IGF2015, Nov 10-13

UNESCO advocates Internet Freedom and Internet Universality at 10th Internet Governance Forum in João Pessoa | United Nations Educational, Scientific and Cultural Organization:

“Evolution of Internet Governance: Empowering Sustainable Development", is the main theme of the tenth Internet Governance Forum (IGF), which will take place in João Pessoa, Brazil, from 10 to 13 November 2015. Echoed with the theme of IGF this year and guided by Sustainable Development Goals (SDGs), UNESCO will present its comprehensive Internet Study “Keystone to Foster Inclusive Knowledge Societies” at UNESCO Open Forum in the IGF.

UNESCO will also launch 6 editions of its publications in the Internet Freedom Series and trigger discussion through three workshops on burning subjects in balancing transparency and privacy, mitigating online hate speech and youth radicalization. The UNESCO delegation will also be speaking at more than 20 engagements including high level events, main sessions and workshops at the IGF.

Led by Dr Brito Lidia, UNESCO Director for Montevideo Office, UNESCO is sending to the 10th IGF a joint team consisting colleagues from Headquarters and the regional office. Dr Brito will address the High Level Leaders Meeting of the IGF on 10 November to advocate the draft UNESCO concept “Internet Universality” and its R.O.A.M principles: (i) that the Internet is human Rights-based (ii) Open, (iii) Accessible to all, and (iv) nurtured by Multi-stakeholder participation (acronym R.O.A.M. principles).

Being recognized as potentially being UNESCO’s own clear identifier for various fields of Internet related issues with UNESCO concerns, this concept has been therefore proposed as an option for formal adoption at Organization’s 38 General Conference in this month.

UNESCO will take the occasion to launch its new publication “Keystones to Foster Inclusive Knowledge Societies”, plus 6 editions in the Internet Freedom Series: 1. Freedom of connection, freedom of expression; 2. Global survey on Internet privacy and freedom of expression; 3. Fostering freedom online: the role of Internet intermediaries; 4. Building digital safety for journalism; 5. Countering online hate speech; 6. Principles for governing the Internet.

Highlighting the participation of multi-stakeholders as one of its principles to build knowledge societies, UNESCO considers IGF’s multistakeholder character to be the most important factor to enable wide-ranging discussions in a collaborative atmosphere. UNESCO welcomes participants from different sectors to bring inputs and discussions to UNESCO’s Open Forum and workshops it will convene in the forthcoming 10th IGF.

The program and background documents for these UNESCO events are available at the link below:

Balancing privacy and transparency: to protect online freedom of expression and freedom of information

Tuesday 10 November, 11:00-12:00, Workshop room 7

Launching UNESCO Internet Freedom Series Publications

Thursday 12 November, 9:00-9:30, Workshop room 2

Understanding and Mitigating Online Hate Speech and Youth Radicalisation

Thursday 12 November, 16:00-17:30, Workshop room 9

UNESCO Open Forum: Keystone to Foster Inclusive Knowledge Societies: Launching UNESCO’s Comprehensive Study on the Internet

Friday 13 November, 12:00-13:00, Workshop room 3

The leaflet for free download: please click here.

UNESCO has supported the Internet Governance Forum and has contributed to its work since the first IGF in Athens in 2006. UNESCO’s Member States have repeatedly expressed support for the important work of the IGF. In the past nine IGFs, UNESCO organized and co-organized workshops and Open Fora on promoting freedom of expression and privacy on the Internet, multilingualism in cyberspace, local content, digital preservation and many more dimensions of our Internet-related work.

UNESCO in parallel has been contributing to the WSIS Review process at the UN General Assembly, and will draw on its engagements at the IGF in further engagement with this process.

09 November 2015

Copyright Law: Whoever Controls Information Controls the World

 Happy Birthday, Copyright Law, Information Control--
With the proliferation of electronic media, we are facing inevitable and necessary reform to our current copyright system.  Along with net neutrality, I think it’s probably going to be one of the most important issues in the next decade.  After all, whoever controls the information controls the world.

source: Unhappy Birthday | Winthrop & Weinstine, P.A. - JDSupra

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