TPP - copyright

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TPP - copyright

Gnangarra
We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership

The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD.  

According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.

Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by  unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take  more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.

This will also give us guidance as to how Affiliates can approach and support activities locally  to ensure material that is already freely available remains so.



--
G
​ideon

President Wikimedia Australia
WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra


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Re: TPP - copyright

Federico Leva (Nemo)
Wikimedia Italia already supported the campaigns against copyright
restorations and copyright terms extensions in Argentina and Canada,
though without much fuss:
*
http://www.vialibre.org.ar/2015/10/02/organizaciones-contra-la-privatizacion-del-patrimonio-fotografico-en-argentina/
* https://twitter.com/EFF/status/660210197483274240

Nemo

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Re: [Wikimedia-l] TPP - copyright

David Gerard-2
In reply to this post by Gnangarra
Takes out the GPL too: http://keionline.org/node/2363

(yep, the TPP is every bit as good as we were expecting)

I anticipate a sudden tech coalition at that one, which we should get in on.


- d.


On 6 November 2015 at 12:22, Gnangarra <[hidden email]> wrote:

> We have a new problem to face in the coming months assuming countries
> ratify the Trans Pacific Partnership
> https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
>
> The text of the agreement has been released in the last 24 hours, early
> commentary is indicating that copyright changes will occur restoring
> copyright to some works that are currently PD.
> http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
>
> According reports this will affect media sourced in Canada where copyright
> will be extended from 50-70 years meaning that image sin this period may
> need to be deleted both on commons and on en:wp, Australian sourced images
> face a similar issue as will other countries.
>
> Rather than a piece meal commons copyright battle, and a duplicate one on
> en:wp being lead by  unqualified wikilawyers resulting in project
> discrepancies. I'm calling on the community to take  more holistic approach
> and request that the WMF ask for its legal eagles to give an edict we can
> take or communities to explain what will happen in each jurisdiction as the
> TPP is ratified.
>
> This will also give us guidance as to how Affiliates can approach and
> support activities locally  to ensure material that is already freely
> available remains so.
>
>
>
> --
> G
> ideon
>
> President Wikimedia Australia
> WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra
> _______________________________________________
> Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines
> [hidden email]
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:[hidden email]?subject=unsubscribe>

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Re: TPP - copyright

Steinsplitter Wiki
In reply to this post by Gnangarra
Gnangarra, Thanks for bringing this up here. I share your concerns. A statement from WMF legal would be helpful.

Best,
Steinsplitter


Date: Fri, 6 Nov 2015 20:22:14 +0800
From: [hidden email]
To: [hidden email]; [hidden email]; [hidden email]
Subject: [Commons-l] TPP - copyright

We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership

The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD.  

According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.

Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by  unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take  more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.

This will also give us guidance as to how Affiliates can approach and support activities locally  to ensure material that is already freely available remains so.



--
G
​ideon

President Wikimedia Australia
WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra


_______________________________________________ Commons-l mailing list [hidden email] https://lists.wikimedia.org/mailman/listinfo/commons-l

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Re: [Wikimedia-l] TPP - copyright

Brion Vibber-4
In reply to this post by David Gerard-2
That means a signatory state can't demand that closed-source software provide source code to the state as a condition of shipping their software in that state. Has nothing to do with GPL-style licensing, where the copyright owner is the one doing the disclosing of source.

-- brion

On Fri, Nov 6, 2015 at 8:03 AM, David Gerard <[hidden email]> wrote:
Takes out the GPL too: http://keionline.org/node/2363

(yep, the TPP is every bit as good as we were expecting)

I anticipate a sudden tech coalition at that one, which we should get in on.


- d.


On 6 November 2015 at 12:22, Gnangarra <[hidden email]> wrote:
> We have a new problem to face in the coming months assuming countries
> ratify the Trans Pacific Partnership
> https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
>
> The text of the agreement has been released in the last 24 hours, early
> commentary is indicating that copyright changes will occur restoring
> copyright to some works that are currently PD.
> http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
>
> According reports this will affect media sourced in Canada where copyright
> will be extended from 50-70 years meaning that image sin this period may
> need to be deleted both on commons and on en:wp, Australian sourced images
> face a similar issue as will other countries.
>
> Rather than a piece meal commons copyright battle, and a duplicate one on
> en:wp being lead by  unqualified wikilawyers resulting in project
> discrepancies. I'm calling on the community to take  more holistic approach
> and request that the WMF ask for its legal eagles to give an edict we can
> take or communities to explain what will happen in each jurisdiction as the
> TPP is ratified.
>
> This will also give us guidance as to how Affiliates can approach and
> support activities locally  to ensure material that is already freely
> available remains so.
>
>
>
> --
> G
> ideon
>
> President Wikimedia Australia
> WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra
> _______________________________________________
> Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines
> [hidden email]
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:[hidden email]?subject=unsubscribe>

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Re: [Wikimedia-l] TPP - copyright

David Gerard-2
At least some lawyers have opined otherwise. Wonder if the FSF or SFLC
have said anything yet ...


- d.

On 6 November 2015 at 16:57, Brion Vibber <[hidden email]> wrote:

> That means a signatory state can't demand that closed-source software
> provide source code to the state as a condition of shipping their software
> in that state. Has nothing to do with GPL-style licensing, where the
> copyright owner is the one doing the disclosing of source.
>
> -- brion
>
> On Fri, Nov 6, 2015 at 8:03 AM, David Gerard <[hidden email]> wrote:
>>
>> Takes out the GPL too: http://keionline.org/node/2363
>>
>> (yep, the TPP is every bit as good as we were expecting)
>>
>> I anticipate a sudden tech coalition at that one, which we should get in
>> on.
>>
>>
>> - d.
>>
>>
>> On 6 November 2015 at 12:22, Gnangarra <[hidden email]> wrote:
>> > We have a new problem to face in the coming months assuming countries
>> > ratify the Trans Pacific Partnership
>> > https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
>> >
>> > The text of the agreement has been released in the last 24 hours, early
>> > commentary is indicating that copyright changes will occur restoring
>> > copyright to some works that are currently PD.
>> > http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
>> >
>> > According reports this will affect media sourced in Canada where
>> > copyright
>> > will be extended from 50-70 years meaning that image sin this period may
>> > need to be deleted both on commons and on en:wp, Australian sourced
>> > images
>> > face a similar issue as will other countries.
>> >
>> > Rather than a piece meal commons copyright battle, and a duplicate one
>> > on
>> > en:wp being lead by  unqualified wikilawyers resulting in project
>> > discrepancies. I'm calling on the community to take  more holistic
>> > approach
>> > and request that the WMF ask for its legal eagles to give an edict we
>> > can
>> > take or communities to explain what will happen in each jurisdiction as
>> > the
>> > TPP is ratified.
>> >
>> > This will also give us guidance as to how Affiliates can approach and
>> > support activities locally  to ensure material that is already freely
>> > available remains so.
>> >
>> >
>> >
>> > --
>> > G
>> > ideon
>> >
>> > President Wikimedia Australia
>> > WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra
>> > _______________________________________________
>> > Wikimedia-l mailing list, guidelines at:
>> > https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines
>> > [hidden email]
>> > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l,
>> > <mailto:[hidden email]?subject=unsubscribe>
>>
>> _______________________________________________
>> Commons-l mailing list
>> [hidden email]
>> https://lists.wikimedia.org/mailman/listinfo/commons-l
>
>
>
> _______________________________________________
> Commons-l mailing list
> [hidden email]
> https://lists.wikimedia.org/mailman/listinfo/commons-l
>

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Re: TPP - copyright

Ryan Kaldari-2
In reply to this post by Gnangarra
I don't see anything in the TPP requiring retroactive application of copyright terms. We'll have to wait and see how the various countries choose to apply the new terms. Applying terms retroactively is uncommon, but possible. We also have no idea when these countries are actually going to apply the new terms. It took the UK 100 years to apply the terms of the Berne Convention after signing it. If a country proposes a retroactive copyright extension as part of their compliance legislation, it is still possible to fight the retroactive provision (regardless of what BoingBoing says). In other words, it's way too early to start talking about deleting files from Commons. Even the URAA took 18 years from the time it was passed until Commons had to actually deal with it (due to the Golan v. Holder decision).

On Fri, Nov 6, 2015 at 5:22 AM, Gnangarra <[hidden email]> wrote:
We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership

The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD.  

According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.

Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by  unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take  more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.

This will also give us guidance as to how Affiliates can approach and support activities locally  to ensure material that is already freely available remains so.



--
G
​ideon

President Wikimedia Australia
WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra


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[hidden email]
https://lists.wikimedia.org/mailman/listinfo/commons-l



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Re: [Wikimedia-l] TPP - copyright

Luis Villa
In reply to this post by David Gerard-2
Software Freedom Conservancy opined today: http://sfconservancy.org/blog/2015/nov/09/gpl-tpp/

Tldr: no threat to GPL; still bad overall. 

Luis (reminding everyone that I am no longer with WMF legal, so this is not a legal/policy position of the Foundation :) 

— Snt frm a dvice


On Fri, Nov 6, 2015 at 9:08 AM, David Gerard <[hidden email]> wrote:

At least some lawyers have opined otherwise. Wonder if the FSF or SFLC
have said anything yet ...


- d.

On 6 November 2015 at 16:57, Brion Vibber <[hidden email]> wrote:


> That means a signatory state can't demand that closed-source software
> provide source code to the state as a condition of shipping their software
> in that state. Has nothing to do with GPL-style licensing, where the
> copyright owner is the one doing the disclosing of source.
>
> -- brion
>
> On Fri, Nov 6, 2015 at 8:03 AM, David Gerard <[hidden email]> wrote:
>>
>> Takes out the GPL too: http://keionline.org/node/2363
>>
>> (yep, the TPP is every bit as good as we were expecting)
>>
>> I anticipate a sudden tech coalition at that one, which we should get in
>> on.
>>
>>
>> - d.
>>
>>
>> On 6 November 2015 at 12:22, Gnangarra <[hidden email]> wrote:
>> > We have a new problem to face in the coming months assuming countries
>> > ratify the Trans Pacific Partnership
>> > https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
>> >
>> > The text of the agreement has been released in the last 24 hours, early
>> > commentary is indicating that copyright changes will occur restoring
>> > copyright to some works that are currently PD.
>> > http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
>> >
>> > According reports this will affect media sourced in Canada where
>> > copyright
>> > will be extended from 50-70 years meaning that image sin this period may
>> > need to be deleted both on commons and on en:wp, Australian sourced
>> > images
>> > face a similar issue as will other countries.
>> >
>> > Rather than a piece meal commons copyright battle, and a duplicate one
>> > on
>> > en:wp being lead by unqualified wikilawyers resulting in project
>> > discrepancies. I'm calling on the community to take more holistic
>> > approach
>> > and request that the WMF ask for its legal eagles to give an edict we
>> > can
>> > take or communities to explain what will happen in each jurisdiction as
>> > the
>> > TPP is ratified.
>> >
>> > This will also give us guidance as to how Affiliates can approach and
>> > support activities locally to ensure material that is already freely
>> > available remains so.
>> >
>> >
>> >
>> > --
>> > G
>> > ideon
>> >
>> > President Wikimedia Australia
>> > WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra
>> > _______________________________________________
>> > Wikimedia-l mailing list, guidelines at:
>> > https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines
>> > [hidden email]
>> > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l,
>> > <mailto:[hidden email]?subject=unsubscribe>
>>
>> _______________________________________________
>> Commons-l mailing list
>> [hidden email]
>> https://lists.wikimedia.org/mailman/listinfo/commons-l
>
>
>
> _______________________________________________
> Commons-l mailing list
> [hidden email]
> https://lists.wikimedia.org/mailman/listinfo/commons-l
>

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