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  4. <meta name="author-name-1" content="Georg C.F. Greve"/>
  5. <meta name="author-link-1" content="/about/greve/greve.html"/>
  6. <meta name="publication-date" content="2006-02-28"/>
  7. <title>FSFE - Observing WIPO - Statement at the 2nd PCDA, 28 June 2006</title>
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  10. <p id="category">
  11. <a href="/projects/un/">United Nations</a> / <a href="/projects/wipo/">WIPO</a>
  12. </p>
  13. <h1>Statement by Free Software Foundation Europe (FSFE) </h1>
  15. <!--<p id="introduction"> Summary: </p>-->
  16. <p align="center">
  17. [ <a href="statement-20060628.en.pdf">PDF Version (55k)</a> ]
  18. </p>
  19. <p>Mr. Chairman,</p>
  20. <p>the Free Software Foundation Europe (FSFE) has various comments to
  21. make in relation to the document PCDA/1/6 Prov. 2 and the discussions
  22. that followed.</p>
  23. <p>Regarding item B22, the FSFE is surprised to see Free Software and
  24. Creative Commons described as activities outside the mandate and scope
  25. of copyright. Additionally, we understood the distinguished delegate
  26. of Mexico to have a similar understanding. As also explained in our
  27. ''<a href="fser.en.html">Free Software Essentials Reference</a>'' paper available on the table
  28. outside, the vast majority of Free Software is using copyright
  29. licensing for its software.</p>
  30. <p>Similarly, <a href="" target="_blank">Creative Commons</a> consists of a set of modular
  31. copyright licenses for artistic works. We assume that it is not the
  32. intention of WIPO to declare copyright in general outside its
  33. scope. So our recommendation is to rephrase point B22 along the lines
  34. of <b>intensifying activities</b> for all uses of the copyright system,
  35. including Free Software and Creative Commons.</p>
  36. <p>Regarding items A18 and 25 as well as C13,15,16 and 18, the Free
  37. Software Foundation Europe would like to direct the attention of the
  38. assembly to the difficulties of the European Commission in trying to
  39. reestablish a competitive market in Europe vis-a-vis Microsoft. This
  40. case provides an excellent demonstration of the difficulties
  41. experienced by industrialised countries to limit monopoly abuse, and
  42. why publicly available technical specifications are <b>not</b>
  43. sufficient to maintain an Open Standard.</p>
  44. <p>This is increasingly
  45. being understood by legislators in several countries, such as
  46. Denmark. In its motion B103, the Danish parliament defines an Open
  47. Standard along three criteria. Any such standard should be a) well
  48. documented with its full specification publically available, b) freely
  49. implementable without economic, political or legal limitations on
  50. implementation and use, and c) standardized and maintained in an open
  51. forum (a so-called standards organisation) through an open process.</p>
  52. <p>We also encourage delegates to take a look at the reasoning of the
  53. motion, which makes quite clear that Open Standards are essential to
  54. stop the spread of software dependencies from one group of users or
  55. organisation to another.</p>
  56. <p>As the distinguished delegate of India pointed out in his statement,
  57. Free Software is an important element of capacity building, it is the
  58. best choice to give independence to governments, and it helps the
  59. ''common man and woman.'' We see this point as relevant in particular
  60. to items A2, 6, 7, 11, 12, 14 and 15, also B9, 11, 27 and 28 and C1,
  61. 3, 10, 11, 12.</p>
  62. <p>Mr. Chairman,</p>
  63. <p>Free Software is relevant to WIPO not only in
  64. terms of being licensed under copyright, it is also relevant in so far
  65. as WIPO is planning to make massive use of software for many of its
  66. Development Agenda activities, especially A11, 12, 14, B9 and
  67. D11.</p>
  68. <p>For all these items, should the general assembly agree
  69. to move forward with them, Free Software and Open Standards will be
  70. essential building blocks for WIPO in its development related
  71. activities.</p>
  72. <p>It is indeed our understanding that by spurring this debate, the
  73. Development Agenda can generally help WIPO to adapt to future
  74. challenges. It is increasingly understood that independence of
  75. political organisations and structures from the corporate interest of
  76. single vendors is a critical issue for democracy. Several political
  77. bodies around the world have already adapted their procurement
  78. policies in ways that will secure their independence and political
  79. mandate by demanding control over the software they depend on for
  80. their daily work. FSFE believes that WIPO as an organisation faces
  81. similar issues in all its activities, and should take them into
  82. consideration in due time.</p>
  83. <p>As a closing remark let me add that FSFE also considers items E7 and 8
  84. to be central in WIPOs quest for more transparency, democracy and
  85. all-stakeholder involvement. We therefore encourage all delegations to
  86. offer their support to these points.</p>
  87. <p>Thank you, Mr. Chairman.</p>
  88. <p><em>
  89. Statement by Mr. <a href="/about/greve/">Georg C.F. Greve</a> &lt;<a href=""></a>&gt;
  90. <p div="indent">Free Software Foundation Europe, President</p>
  91. <p div="indent">UN World Summit on the Information Society (WSIS),
  92. <ul>
  93. Civil Society Patents, Copyrights, Trademarks (PCT) Working Group, Co-Coordinator<br />
  94. First phase Civil Society representative, German Governmental Delegation
  95. </ul></p>
  96. </em></p>
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