AlohaSawadee from the Land of Smiles. I'm writing from the Asia Commons conference, in Bangkok from 6th-8th June 2006.
The day started off with the keynote speakers, Peter Drahos and James Love, talking about Intellectual Commons and the Public Domain. I did not really take down notes of what James Love said as my personal convictions were already in line with what he mentioned. Peter Drahos stated that while we already have many theories and analysis from an economic and social perspectives, what's lacking now is a political philosophy of the commons that allows for diversity to flourish. He noted that as IPR is a (legal) instrument of coercion (and therefore falling in the realm of politics), the three important Q's of any politics apply:
1) How much say have we had in the new arrangement of IP?
2) Should we obey?
3) How much coercion should we tolerate over our rights?
Peter also brought up John Stuart Mill's - "Experiments in Living"; we would want societies that tolerate experiments in living. I liked this idea as it brings to the table the idea that societies and cultural norms are not stagnant and evolve (for better or worse) over time as well as the idea that progress in society is due to lessons we learn from our trials and tribulations in the past.
Peter also noted the important yet much overlooked point that Information grows through use and he termed this as the Law of Repletion. He also stated that information is too important to be left to private monopolies and as information/knowledge may be covered by different intellectual rights legislation, they may not go into the public domain even if the protection afforded by one aspect of the legislation had expired.
Of Jamie Love's presentation, what I found interesting was his suggestion that we present an alternative to the IPR chapter in the FTA, for example replacing the IPR chapter with an A2K chapter or another relevant chapter. In particular, he stated that there is a need to show economic incentives to Washington when presenting such a chapter. I should speak to him soon but I have not had an opportunity do so yet.
We had several other sessions that went into various other issues with regards to the commons. Of particular interest was a session on software patents. Laurent Elder led off that session with a patent spectrograph. He put on the slides three statements regarding patents in Asia (use, enforcement, efficacy) and asked the participants to arrange themselves across the Strongly Agree to Strongly Disagree line.
As was expected, the majority of the participants did not particularly agree with either the fundamental concept of limited private monopolies or with the enforcement and scope of the current patent model. I found particularly interesting was how little I knew about the patent dynamics in the other Asian countries. Based on my discussions with the other participants, it emerged that while the participants clearly understood the issues with patents in other fields such as agriculture and biology, there was not as much awareness of software patents.
A presentation by Ronaldo Lemos from Brazil illustrated the Brazilian independent movie business model in Brazil which allowed for very profitable local content production without the passing of restrictive intellectual rights legislation. It continues to amaze me how Brazil continues to take the lead in civil society initiatives among developing countries.
Well, those were the salient points that I could gather. There are some other presentations that I hope other participants could chime in and fill the gaps :-)
Now some notes on the participants themselves; they come from all over the world with the majority coming from Asia. Quite a few of those present were lawyers, and those who were not, were representatives from NGO's. From Malaysia, we had a Creative Commons representative from the MDeC, Khairil, a chap from Open University Malaysia, myself and a couple other people.
The political persuasions of the participants compromise a diverse spectrum of thought. Some feel that the entire field of intellectual privileges should be demolished, but I could gather no credible alternative for replacing the current intellectual regime. Others felt that while some tuning is required in the current legislation, throwing out the entire regime would be counter productive .
Coming from a free software background, it was slightly shocking to find that not many participants understood the importance of free software to the commons and why the newer forms of legislation would hurt free software. On the other hand, it was also shocking how little I knew about other non-software intellectual right areas. So all in all, lots of knowledge was shared.
We had an evening cocktail and that was an excellent good opportunity to meet other participants. Discussions were extremely diverse; from discussing methods of kicking off Creative Commons in Malaysia to human right violations in Africa to operating ham radios to discussing ways of putting the current copyright legislation to good use by stopping bad Thai renditions of cheezy English pop music :-)
It's the second day now, will post latest observations in a day or so (it's already progressing at a most excellent pace!).
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