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<title>Observing WIPO - Statement at the 2nd PCDA, 28 June 2006</title>
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<a href="/activities/policy.html">WIPO</a>
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<h1>Statement by Free Software Foundation Europe (FSFE) </h1>
<h4>SECOND SESSION OF THE PROVISIONAL COMMITTEE ON PROPOSALS RELATED TO A WIPO DEVELOPMENT AGENDA (Geneva, 26-30 June 2006)</h4>
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[ <a href="statement-20060628.en.pdf">PDF Version (55k)</a> ]
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<p>Mr. Chairman,</p>
<p>the Free Software Foundation Europe (FSFE) has various comments to
make in relation to the document PCDA/1/6 Prov. 2 and the discussions
that followed.</p>
<p>Regarding item B22, the FSFE is surprised to see Free Software and
Creative Commons described as activities outside the mandate and scope
of copyright. Additionally, we understood the distinguished delegate
of Mexico to have a similar understanding. As also explained in our
''<a href="fser.html">Free Software Essentials Reference</a>'' paper available on the table
outside, the vast majority of Free Software is using copyright
licensing for its software.</p>
<p>Similarly, <a href="http://www.creativecommons.org" target="_blank">Creative Commons</a> consists of a set of modular
copyright licenses for artistic works. We assume that it is not the
intention of WIPO to declare copyright in general outside its
scope. So our recommendation is to rephrase point B22 along the lines
of <b>intensifying activities</b> for all uses of the copyright system,
including Free Software and Creative Commons.</p>
<p>Regarding items A18 and 25 as well as C13,15,16 and 18, the Free
Software Foundation Europe would like to direct the attention of the
assembly to the difficulties of the European Commission in trying to
reestablish a competitive market in Europe vis-a-vis Microsoft. This
case provides an excellent demonstration of the difficulties
experienced by industrialised countries to limit monopoly abuse, and
why publicly available technical specifications are <b>not</b>
sufficient to maintain an Open Standard.</p>
<p>This is increasingly
being understood by legislators in several countries, such as
Denmark. In its motion B103, the Danish parliament defines an Open
Standard along three criteria. Any such standard should be a) well
documented with its full specification publically available, b) freely
implementable without economic, political or legal limitations on
implementation and use, and c) standardized and maintained in an open
forum (a so-called standards organisation) through an open process.</p>
<p>We also encourage delegates to take a look at the reasoning of the
motion, which makes quite clear that Open Standards are essential to
stop the spread of software dependencies from one group of users or
organisation to another.</p>
<p>As the distinguished delegate of India pointed out in his statement,
Free Software is an important element of capacity building, it is the
best choice to give independence to governments, and it helps the
''common man and woman.'' We see this point as relevant in particular
to items A2, 6, 7, 11, 12, 14 and 15, also B9, 11, 27 and 28 and C1,
3, 10, 11, 12.</p>
<p>Mr. Chairman,</p>
<p>Free Software is relevant to WIPO not only in
terms of being licensed under copyright, it is also relevant in so far
as WIPO is planning to make massive use of software for many of its
Development Agenda activities, especially A11, 12, 14, B9 and
D11.</p>
<p>For all these items, should the general assembly agree
to move forward with them, Free Software and Open Standards will be
essential building blocks for WIPO in its development related
activities.</p>
<p>It is indeed our understanding that by spurring this debate, the
Development Agenda can generally help WIPO to adapt to future
challenges. It is increasingly understood that independence of
political organisations and structures from the corporate interest of
single vendors is a critical issue for democracy. Several political
bodies around the world have already adapted their procurement
policies in ways that will secure their independence and political
mandate by demanding control over the software they depend on for
their daily work. FSFE believes that WIPO as an organisation faces
similar issues in all its activities, and should take them into
consideration in due time.</p>
<p>As a closing remark let me add that FSFE also considers items E7 and 8
to be central in WIPOs quest for more transparency, democracy and
all-stakeholder involvement. We therefore encourage all delegations to
offer their support to these points.</p>
<p>Thank you, Mr. Chairman.</p>
<p><em>
Statement by Mr. <a href="/about/people/greve/">Georg C.F. Greve</a> &lt;<email mailto="yes">greve@fsfe.org</email>&gt;
<p div="indent">Free Software Foundation Europe, President</p>
<p div="indent">UN World Summit on the Information Society (WSIS),
<ul>
Civil Society Patents, Copyrights, Trademarks (PCT) Working Group, Co-Coordinator<br />
First phase Civil Society representative, German Governmental Delegation
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