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<title>FSF Europe - WSIS - Debriefing Geneva Phase / Part I, December 10-12, 2003</title>
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<h2>Debriefing on</h2>
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<div align="right">
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<h1>
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World Summit on the Information Society (WSIS)<br />
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Geneva Phase / Part I, Geneva, December 10-12
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<p>
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<b>by <a href="/about/people/greve/">Georg C. F. Greve</a> <greve@fsfe.org></b><br />
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<ul>
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European Caucus of Civil Society@WSIS, Chair<br />
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Patents, Copyrights, Trademarks (PCT) working group of Civil Society@WSIS, co-coordinator<br />
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Delegate of German Civil Society@WSIS coordination circle in German governmental delegation<br/>
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FSF Europe, president
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</ul>
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</p>
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<h3>Introduction</h3>
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<p>The <a href="http://www.un.org/">United Nations</a> (UN) <a
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href="http://www.wsis.org">World Summit on the Information Society</a>
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(WSIS) is the first such a global summit held in two parts. The first
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part was held in Geneva, Switzerland from <b>December 10th-12th
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2003</b> and adopted two documents, the <b>Declaration of
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Principles</b> and the <b>Plan of Action</b>. The second phase will
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take place in Tunis hosted by the Government of Tunisia, from <b>16th
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to 18th November 2005</b>. So after the first phase has finished its
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work, an assessment of experiences and in particular the adopted
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documents seems warranted.</p>
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<h3>Procedural Overview</h3>
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<p>The structures of global governance are in a process of
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transformation. Governance, originally the function of governments
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alone, is increasingly taking place in a network in which governments
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are one party. The other two stakeholders usually identified in this
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regard are Civil Society and economy.</p>
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<p>How and in which form that network will take shape is not clear
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today. Ideas range from an equal participation of all sides
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("tripartite") over other forms of networking with different levels of
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influence ("multi-stakeholder") to a pure governmental network.</p>
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<p>Among the novelties that the WSIS claims for itself is a uniquely
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inclusive multi-stakeholder, even tripartite approach. After Geneva,
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we have to concede that positive steps have been taken in this
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direction, but the current situation does not warrant the label of
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"tripartism."</p>
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<p>As described in more detail in other places, Civil Society was in-
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or excluded from working groups on a seemingly random basis throughout
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the whole preparatory process. But the summit itself in Geneva
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climaxed in a way that will make it easy for Tunisia to shine as a
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symbol of Civil Society involvement and freedom of speech.</p>
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<p>While logistics provided during the preparatory process were
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adequate, even good, this was not true for the summit itself. Some
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little shacks had been assembled as temporary housing for Civil
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Society within the exhibition, but no rooms were reserved for civil
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society use, most notably the civil society plenary assembly. Lack of
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logistics also included printers, photocopiers and -- not without
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irony given the topic of the summit -- adequate network access.</p>
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<p>This however qualified as uniquely favorable treatment in
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comparison with those Civil Society participants who were trying to
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organise alternative events outside the Palexo premises and were
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removed by Geneva riot police from the rooms they had rented under
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adaptable legal excuses. A peaceful public protest on the last day was
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also stopped by the police before it began.</p>
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<p>Unnoticed by most governments remained the fact that Civil Society
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was not even entitled to determine who would speak in its stead at the
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summit ceremonies.</p>
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<p>Although the self-organising mechanisms of Civil Society provided a
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list of speakers that was balanced in terms of questions such as
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geography, gender, topic and prior involvement, that list was largely
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ignored by the WSIS secretariat.</p>
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<p>So when Civil Society was informed Dec 1st, 2003 by the secretariat
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who was to speak in its name during the summit, it had to realise that
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most of the names on that list were unbeknownst to them and even
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included one mayor of a city, who was apparently to speak in the name
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of Civil Society.</p>
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<p>Only for questions of timing and for not wanting to undermine the
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message of Civil Society while playing into the hands of such
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divisionary tactics, did Civil Society not react to this
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officially. It is unlikely Civil Society would remain silent about
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repetition of such a demonstration of disrespect for its active
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members and self-organised structures.</p>
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<p>So the way towards Tunisia and the summit in Tunis will show
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whether we come closer to tripartism by allowing Civil Society to
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choose who is speaking in its name or -- alternatively -- whether
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Civil Society will get to decide upon two thirds of the governmental
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speakers.</p>
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<h3>European perspectives</h3>
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<p>Even though the European Union and its member states share some
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positions of Civil Society more than others, positions are different
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on some critical issues. Still, they were always among the first to
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protest against exclusion of Civil Society in the working groups and
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asking for more participation and involvement.</p>
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<p>During the PrepComs III and IIIa, coordination meetings between the
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European Caucus of Civil Society and the European Union took place,
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exploring ways of implementing active participation of Civil Society
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not only in theory, but in reality.</p>
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<p>By means of strengthening this process of building and exporing
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cooperation and participation, the European Union and its member
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states are about to cover new ground in the multi-stakeholder
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approach, building up experience that may also help on a larger level
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or within other processes.</p>
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<p>Also, some countries -- for instance Germany and Switzerland --
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have taken initiative on an individual level by including Civil
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Society representatives in their governmental delegations to the
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preparatory process and the summit itself.</p>
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<p>Civil Society will certainly seek to build upon these positive
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experiences in the future, a message also personally delivered to the
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Irish delegation to the summit in Geneva, since Ireland will take over
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EU presidency in January 2004.</p>
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<h3>PCT perspectives</h3>
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<p>The multitude of interesting Civil Society side events was another
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positive part of the summit. Personally, I enjoyed very much the
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opportunity to <a
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href="http://gnuhh.org/work/presentations/WSIS-APC/">speak at the APC
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event</a> on Free Software for women in Africa. Just afterwards, also
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on wednesday, Dec 10th, the Patents, Copyrights, Trademarks (PCT)
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working group of Civil Society held its <a
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href="/activities/wsis/event-03-12-10.html">"Free Software, Free
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Society" event</a>.</p>
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<p>After Prof. Lawrence Lessig, who shared his visions for a Free
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Society, the speakers shed light on their experience on building Free
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Societies with the help of Free Software in South America and
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Africa. This experience was complimented by the experience of the
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Swiss NGO Ynternet.org.</p>
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<p>Surprising special guests were Sergio Amadeu Da Silveira and
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Rogerio Santanna of the Brazilian government, who told the audience
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about their experience building the Free Software policy for
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Brazil. And as the final speaker, just after his appearence at the
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governmental high-level round table, Richard Stallman, founding father
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of the GNU Project, vividly expressed the freedoms of Free
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Software.</p>
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<h3>Assessment of the documents</h3>
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<p>Leaving aside all problems, frustrations and obstacles that Civil
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Society faced, some positive influence on the governmental documents
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<em>Declaration of Principles</em> and <em>Plan of Action</em> adopted
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during the World Summit on the Information Society (WSIS) seems
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evident. This is my first personal assessment for the areas that I
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have been following most closely.</p>
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<p><b>Access to public domain of global knowledge</b><br /></p>
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<p>It is self-awareness, the possibility to reflect and our ability to
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develop and communicate abstract concepts that make humankind
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different from any other species on our planet. As a result of that
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process, including concepts, thoughts and experiences from all people
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alive and dead, we create the public domain of global knowledge. From
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this reservoir we learn, improve ourselves and build new
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knowledge.</p>
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<p>This makes the question of access to the reservoir that is the
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public domain of global knowledge central to humankind in general, but
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information societies in particular.</p>
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<p>Central paragraphs dealing with access to the public domain of
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global knowledge adopted on Dec 12th, 2003 are <ul> <b>Declaration of
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Principles</b> 24: <em>"The ability for all to access and contribute
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information, ideas and knowledge is essential in an inclusive
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Information Society."</em> </ul> <ul> <b>Declaration of Principles</b>
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25: <em>"The sharing and strengthening of global knowledge for
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development can be enhanced by removing barriers to equitable access
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to information for economic, social, political, health, cultural,
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educational, and scientific activities and by facilitating access to
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public domain information, including by universal design and the use
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of assistive technologies."</em> </ul> <ul> <b>Declaration of
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Principles</b> 26: <em>"A rich public domain is an essential element
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for the growth of the Information Society, creating multiple benefits
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such as an educated public, new jobs, innovation, business
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opportunities, and the advancement of sciences. Information in the
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public domain should be easily accessible to support the Information
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Society, and protected from misappropriation. Public institutions
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such as libraries and archives, museums, cultural collections and
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other community-based access points should be strengthened so as to
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promote the preservation of documentary records and free and equitable
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access to information."</em> </ul></p>
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<p>The weakness of these paragraphs is their emphasis on the economic
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and development related aspects, which somewhat neglect the social and
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political issues. Also they put most of their attention on the past,
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not the future extension of human knowledge. But despite these
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weaknesses, the thrust is good. Most particular, they come before the
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paragraph on Patents, Copyrights, Trademarks (PCTs) in the
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declaration, emphasising early on the significance of the public
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domain of global knowledge and of access to it.</p>
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<p><b>Patents, Copyrights, Trademarks (PCT)</b><br />
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<b>(a.k.a. Limited Intellectual Monopolies (LIM))</b><br /></p>
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<p>Patents, Copyright and Trademarks (PCTs) centrally regulate access
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to the public domain of global knowledge, the reservoir of all human
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knowledge, from which new knowledge is in turn created. As an effect
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of the current system, some Northern companies have become immensely
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rich while the vast majority of humankind is excluded from access to
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that knowledge.</p>
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<p>The lines of conflict in this area ran between the Southern and
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Northern countries, most particular United States, European Union and
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Japan. While Northern countries wish to see international treaties and
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organisations -- most notably the "World Intellectual Property
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Organization" (WIPO) -- accepted as they stand, Southern countries
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question the balance of the current system and wish to see the system
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reevaluated.</p>
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<p>The <a href="http://www.wsis-pct.org">PCT working group</a> of
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Civil Society, which is working on these issues, has been giving
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support to the Southern countries in this area and supported them
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through statements (in <a
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href="activities/wsis/ps-20030923.html">plenary</a> and beyond),
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personal discussions and drafts for compromise text.</p>
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<p>The paragraphs dealing with the issue as they have been adopted on
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December 12th are:
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<ul> <b>Declaration of Principles</b> 42: <em>"Intellectual Property
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protection is important to encourage innovation and creativity in the
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Information Society; similarly, the wide dissemination, diffusion, and
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sharing of knowledge is important to encourage innovation and
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creativity. Facilitating meaningful participation by all in
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intellectual property issues and knowledge sharing through full
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awareness and capacity building is a fundamental part of an inclusive
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Information Society."</em> </ul>
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<ul> <b>Plan of Action</b> C3, 10, d): <em>"Governments, and other
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stakeholders, should establish sustainable multi- purpose community
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public access points, providing affordable or free-of- charge access
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for their citizens to the various communication resources, notably the
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Internet. These access points should, to the extent possible, have
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sufficient capacity to provide assistance to users, in libraries,
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educational institutions, public administrations, post offices or
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other public places, with special emphasis on rural and underserved
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areas, while respecting intellectual property rights (IPRs) and
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encouraging the use of information and sharing of
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knowledge."</em></ul>
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</p>
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<p>While it can and should be criticised that the paragraphs are using
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the ideologically charged and misleading terminology of "intellectual
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property" and contain a good load of fuzzyness, it should be realised
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that they are a step forward, albeit a small one.</p>
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<p>As they stand, they still neglect that all monopolisation of
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knowledge draws its sole justification from increasing the
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dissemination, diffusion and sharing of knowledge, as adequately
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stated in Article 1 of the United States constitution: "<em>To promote
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the progress of science and useful arts, by securing for limited times
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to authors and inventors the exclusive right to their respective
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writings and discoveries;</em>"</p>
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<p>But unlike other statements (and what the Northern countries were
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also trying to achieve in the scope of WSIS), it does not put forward
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the notion that ultimate monopolisation of knowledge should be the
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goal of humankind. Instead, it gives monopolisation, dissemination,
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diffusion and sharing of knowledge equal weight.</p>
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<p>Also, it does not mention the international treaties in the area,
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therefore not reinforcing them. In particular, it does not mention
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WIPO, in essence leaving room for the interpretation that it is not
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the Information Society that should serve WIPO, but rather WIPO which
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should serve the Information Society.</p>
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<p>This is of critical importance. Earlier in 2003, WIPO cancelled a
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conference on knowledge sharing because of heavy opposition by the
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United States. When asked why the United States had opposed the WIPO
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meeting, Lois Boland, director of international relations for the
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U.S. Patent and Trademark Office, told the Washington Post,
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"<em>Open-source software runs counter to the mission of WIPO, which
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is to promote intellectual property rights.</em>" She added: "<em>To
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hold a meeting, which has as its purpose to disclaim or waive such
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rights, seems to us to be contrary to the goals of WIPO.</em>"</p>
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<p>In short: WIPO has in the past years understood its mission as
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seeking ultimate monopolisation of knowledge. Every aspect of society
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had to serve that goal. Thanks to WSIS, there is now room to
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reevaluate the role of WIPO into one of readjustment instead of
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single-minded expansion.</p>
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<p>It is not enough to stop here, but a door has been opened that
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remained closed before.</p>
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<p><b>Free Software</b><br /></p>
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<p>Software shapes the digital age and access to it determines who may
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participate in a digital world. That is why <a
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href="/activities/wsis/fs.html">Free Software</a> with its freedoms of
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use for any purpose, studying, modification and redistribution is an
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essential building block for an empowering, sustainable and inclusive
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information society.</p>
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<p>The paragraphs adopted for this on December 12th were
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<ul> <b>Declaration of Principles</b> 27: <em>"Access to information
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and knowledge can be promoted by increasing awareness among all
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stakeholders of the possibilities offered by different software
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models, including proprietary, open-source and free software, in order
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to increase competition, access by users, diversity of choice, and to
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enable all users to develop solutions which best meet their
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requirements. Affordable access to software should be considered as
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an important component of a truly inclusive Information
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Society."</em></ul> <ul> <b>Plan of Action</b> C3, 10, e):
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<em>"Encourage research and promote awareness among all stakeholders
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of the possibilities offered by different software models, and the
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means of their creation, including proprietary, open-source and free
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software, in order to increase competition, freedom of choice and
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affordability, and to enable all stakeholders to evaluate which
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solution best meets their requirements."</em></ul></p>
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<p>One might have hoped that governments were already more advanced in
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their understanding of the digital society, but these paragraphs are
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going further than it may seem at first glance; especially given their
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development over time.</p>
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<p>During the work on the documents, especially the United States
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tried to declassify Free Software by means of referring to it as the
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"open source software development model," pretending it was a foremost
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technical issue, which could later disappear from the documents
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entirely, as there is no need to talk about all the technical models
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in a political document. This was stopped around the <a
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href="/activities/wsis/debriefing-paris.html">Intersessional Meeting in
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Paris</a>, when Civil Society managed to get Free Software into the
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official documents.</p>
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<p>Although the official documents pose the risk of further spreading
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the notion of "open source" as "any software with (partially) visible
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source code," they do avoid the most severe misunderstanding by not
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confusing proprietary (non-Free) and commercial software, as both Free
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and proprietary software can be both commercial or non-commercial.</p>
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<p>More importantly, instead of talking about software development
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models, the documents speak of "software models." For the first time,
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a formal United Nations level takes steps to acknowledge that the
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choice between proprietary and Free Software is not a mainly technical
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issue, but a political, economical and social choice of paradigm.</p>
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<p>One of the most fundamental tasks of the Free Software Foundation
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has always been to build awareness, because ubiquitous understanding
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of the different software paradigms and their effects is the most
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effective way of establishing Free Software; someone who has
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understood the full consequences of that choice will not freely choose
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proprietary software.</p>
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<p>So while encouraging research and promoting awareness may not seem
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like much, it is all that is needed for Free Software to be understood
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and prevail as the most favorable paradigm. </p>
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<p>In essence: on Dec 12th, 2003, all governments represented in the
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United Nations have committed to encourage research and promotion of
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awareness for the different paradigms of software and their effects,
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something we can support entirely, even if we hoped that the
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governments had understood these issues better already.</p>
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<p><b>Open Standards</b><br /></p>
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<p>Open standards are the equivalent of well documented and accessible
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languages in a digital world, allowing communication and
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cooperation.</p>
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<p>Unfortunately, the paragraphs adopted for standardisation adopted
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on Dec 12th were insufficient: <ul> <b>Declaration of Principles</b>
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44: <em>"Standardization is one of the essential building blocks of
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the Information Society. There should be particular emphasis on the
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development and adoption of international standards. The development
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and use of open, interoperable, non-discriminatory and demand-driven
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standards that take into account needs of users and consumers is a
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basic element for the development and greater diffusion of ICTs and
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more affordable access to them, particularly in developing
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countries. International standards aim to create an environment where
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consumers can access services worldwide regardless of underlying
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technology."</em></ul> <ul> <b>Plan of Action</b> C6, 13,
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p):<em>"Governments, in cooperation with other stakeholders, should
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promote the development and use of open, interoperable,
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non-discriminatory and demand- driven standards."</em></ul></p>
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<p>While "open" and "interoperable" are important adjectives and
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"demand-driven" is uncritical, it is not enough to ensure open
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standards. Especially "non-discriminatory" has acquired sad notoriety
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in the standardisation discussions by at times being used in ways to
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make Free Software implementations impossible.</p>
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<p>As the PCT working group has repeatedly pointed out, no standard
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will ever qualify as a truly open standard unless it is <em>freely
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implementable</em> and <em>publicly documented</em>.</p>
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<p>In essence, the paragraphs fall short of what they seek to
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accomplish.</p>
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<p><b>Open Access</b><br /></p>
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<p>Science is the source of the technological development that
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empowers the Information Society, including the World Wide Web. In the
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best tradition of science, scientific authors donate their work to
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humankind and access to that information is crucial.</p>
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<p>The paragraphs mention this explicitly in<ul>
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<b>Declaration of Principles</b> 28: <em>"We strive to promote
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universal access with equal opportunities for all to scientific
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knowledge and the creation and dissemination of scientific and
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technical information, including open access initiatives for
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scientific publishing."</em></ul> <ul> <b>Plan of Action</b> C3, 10,
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i):<em>"Encourage initiatives to facilitate access, including free and
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affordable access to open access journals and books, and open archives
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for scientific information."</em></ul></p>
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<p>While "encourage initatives" is not very binding, these paragraphs
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do mention in particular the significance of Open Access to scientific
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information, a part that had disappeared for a while in all documents
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throughout the process.</p>
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<p>Since Francis Muguet, co-coordinator of the PCT working group and
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coordinator of Scientific Information (SI) working group, was most
|
|
active in this part, I'm going to leave the full assessment of this up
|
|
to him.</p>
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|
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<h3>Summary</h3>
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|
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|
<p>One can say that the governmental documents fall short of the <a
|
|
href="/activities/wsis/cs-benchmarks.html">essential benchmarks</a> of
|
|
Civil Society in all considered aspects. But one can also say that
|
|
they have in most cases made progress and moved in the right
|
|
direction.</p>
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|
|
|
<p>A fair evaluation of both the process and the adopted documents
|
|
might be that they have moved into the right direction, but that we
|
|
cannot be satisfied yet and will have to keep working on all
|
|
aspects. Given that Civil Society has networked itself better than
|
|
ever before throughout the summit, my personal outlook is
|
|
positive.</p>
|
|
|
|
<p>So my conclusion would be that we haven't arrived and will probably
|
|
not do so in Tunis, but we've made progress and now are finding
|
|
ourselves in a solid starting position for the years to come.</p>
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