chosaq

A commons-inspired critique of Japan’s IP strategy

A couple of entries ago, I already had a look at the fuzzy indirect liability concept introduced in the Japanese government’s Intellectual Property Strategic Program 2006.

As the report contained many other interesting tidbits, my colleague Miho Ishii and I decided to investigate the proposed legislation and policies a bit further and test how well they match with Pollock’s ideas about the importance of the public domain and commons.

We’ve outlined our findings in the following six page document (PDF – 116 KB): Japan’s Intellectual Property Strategy Program 2006: A Commons-Inspired Critique (draft). I’ve put the document in a wiki […]

Of course, comments on this entry are welcome too.

Update: I have no idea why, but it seems like my MediaWiki installation is broken, and so is the link to the wikified version of my paper. So, I’ve reuploaded the draft as a PDF file — sorry for the link rot. By the way, now that I have your attention: I was thinking of publishing this paper in one form or another — any suggestions as to which (online) publications might be suitable for this kind of critique?

Comments on “A commons-inspired critique of Japan’s IP strategy” (feed)

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  1. I liked the article.

    Out of curiousity, have you read Lemley’s work about Free Riding?
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=582602
    or “Reducing Digital Copyright Infringement without Restricting Innovation?”
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=525662

    They might be interesting.

    McGowan’s Copyright Nonconsequentialism is also interesting, although maybe not as immediately relevant.
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=540243

    Just curious.

    » Carlos Ovalle on January 26th, 2007 at 13:31

  2. Excellent piece. The pressure to amend IP protections to make them a welfare package for big business (including copyright term extension) comes not only from the Japanese business community and media but also from US (and I think EU?)- Japan bilateral economic negotiations. The US big businesses currently have the ear of the bureaucrats at the USTR who do the arm-twisting, so do you think it might be effective to get some pro-commons interest groups to try and convince the USTR to back off on IP issues?

    » Adamu on January 26th, 2007 at 16:11

  3. Thanks for the comments.

    Carlos – I’m familiar with Lemley’s work, but McGowan is new to me. Thanks for the pointer.

    Adamu – well, it would be effective indeed, but I doubt the USTR is going to listen ;-) . There’s also the “harmonization” problem of course: harmonization usually means that the country with less restrictions updates its legislation to a more restrictive framework, resulting in a sort of unstoppable arms race. And I’m afraid it’s gonna take a long time before nations start “downgrading” their copyright laws (as in: making them less restrictive).

    » Andreas on January 29th, 2007 at 16:48