Forum on the Economic Value of IP

Posted in copyright, Piracy, social media, technology, web 2.0 by coda on October 29, 2009

There have been quite a lot of discussion about the UK moving towards a 3 strikes rule. Before we get to the “rights” and “wrongs” of this move, it may be worth keeping an eye on parallel regulatory discussions involving the SABIP and the Intellectual Property Office. A Forum was convened, consisting of a broad spectrum of stakeholders and policymakers

We are working to engage interested parties in the process of structuring a programme of research. To learn more about our plans over the next year, please see our stakeholder engagement plan PDF document(275Kb).

An interim report PDF document(2.55Mb) of the Forum proceedings is now available. A proposed research agenda and plan for delivery will be launched in the autumn.


Update: Digital Economy Bill Implementation


Cyberweek 2009 Announcements

Posted in web 2.0 by coda on October 29, 2009

Cyberweek 2009 Announcements [via Alan Gaitenby]

Welcome to Cyberweek for Thursday, October 29. Please find all content on the Program page and use the Navigation page if you are new to Cyberweek. The Discussion Forum is open as well – we will be unveiling discussions throughout the week. We will highlight all content during the course of the week – here are Thursday’s:

Real-Time Events

    Real-Time: Spanish event Thursday 29 at 7pm Argentina time. 1 hour – subject: 2009 Cyberweek news and Buenos Aires odr forum 2010 – link de registacion para evento en tiempo real durante la cyberweek
    Real-Time:, Web 2.0: Going from OH? To KNOW!Friday October 30th 2:30pm – 3:30pm EST. (it will be archived too!) Spots limited, see below.Join Jeff Thompson ( & Centre For Peace & Social Justice, Souhern Cross University, Australia) and an all-star lineup of featured bloggers:Diane Levin ( Victoria Pynchon ( Tammy Lenski ( John Ford (editor, They will be discussing blogging, writing articles, Twitter, Skype, ooVoo, LinkedIn and other web technology! Find out how and why they do it (successfully!), the benefits and how it is has helped them. Learn tips and skills that can help your practice too! ***FREE*** But spots are limited: sign up by emailing Jeff @ If you are interested in submitting a question prior to the event for the panel, email me at the address above or simply post a comment in this post. Go to for more info on this event. This event is presented by EnjoyMediation & the Centre for Peace and Social Justice, Southern Cross University, Australia.
    Real-Time: National Center for Digital Government (NCDG)– Beth Noveck, US Deputy Chief Technology Officer for Open Government, presentation “Open Government: Transparency, Participation, and Collaboration,” will be October 30, 2009 from 12:00 p.m. to 1:30 p.m US EST. The speech will be streamed live.

Simulations / Demonstrations:

    Google Wave Demonstration – Google Wave, the future, and other tools, here and now, for collaboration online in mediation, arbitration, negotiation, public policy making and other processes for dispute resolution and problem solving. In addition to Google Wave which now has over 100,000 testers working world wide to help Google develop a real time, all in one, Swiss Army Knife, text communication, collaborative read/write editing and media sharing tool. In addition to previewing the Google Wave and its impact on online collaboration, the program will demonstrate a teleconference run in tandem with a demonstration of two other, here and now, collaborative read/write editing tools, Google Docs and Co-ment. A panel discussion will be held on Thursday, October 29, 4 pm to 5 pm United States Eastern Standard Time with Robert Ambrogi, lawyer/publisher, mediator and arbitrator, Boston; Colin Rule, Driector of Dispute Resolution for Ebay and PayPal, Palo Alto; Pr ofessors Sam Edwards, Green Mountain College, and Frank Bennett, Nagoya University School of Law, who have their students in online roll play negotiations on behalf of their roll play clients in the United States, Japan and other countries in East Asia; Daniel Horsey, mediation trainer, mediator and one of the founders of the Colorado Statewide ADR Conference, Denver; and Peter DeBruyn, lawyer and technologist, IT Implementors, Denver. You may test drive the tools to be demonstrated at which is the landing page for this program where the information on making your connection to the panel discussion on Thursday will be posted. Join with others in a test drive demonstration of the tools on Wednesday, October 28, 4 pm to 5 pm United States Eastern Standard Time – you will need to participate in the panel discussion in the same time slot on Thursday. You may also ask questions and participate in the discuss ion about the tools featured in the Cyberweek Collaboration Tools Forum .
    TheMediationRoom- The MediationRoom is a leading provider of software for building bespoke ODR platforms as well as the leading provider of ODR training via its fully accredited distance training course. Its founder and MD, Graham Ross, firmly believes that, for ODR use to advance at a pace to meet need, services should provide disputants with a simple and intuitive interface rather than one that requires them to learn how to use and adapt complex collaboration technologies. The is based around a platform for asynchronous text discussion that emulates the traditional techniques for mediation discourse but with the additions of techniques such as anonymous brainstorming, personality profiling and discourse analysis that can help ‘fill the gap’ when in-person mediation is unavailable. Cyberweek visitors can have full experience of through their own personal roleplay mediation . They can play the part of a mediator or one of the disputants. To participate, email Graham at

Forum Discussions

    All discussion forums are open, please join in.

Cyberweek Blog:

    Please Join us on the Blog, a new feature for Cyberweek.

Other Content of Interest:

    Riverhouse ePress of Style Matters: The Kraybill Conflict Style Inventory – Attendees at Cyberweek are offered a free test drive by Riverhouse ePress of Style Matters: The Kraybill Conflict Style Inventory. This inventory is similar to the widely-known Thomas Kilmann in that it is based on a five-styles-of-conflict model, however it adapts to the user’s cultural background. The online version enables users to take the inventory and get scored online, and provides a self-guided tutorial for interpretation. Scores can be emailed to anyone of the user’s choice. To try out the inventory for free, go to, and login with the following: Login: cyberweek Password: demo For more info, see the product info page on the Riverhouse site or email:
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The UK government has been laying out some of the ways it intends to pursue persistent net pirates.

Posted in copyright, Piracy, social media, technology, web 2.0 by coda on October 29, 2009

The Business Secretary said that new laws in isolation would not be enough to tackle the problem, which costs the creative industries millions of pounds each
He called on ISPs and the creative industries to work with Government to ensure a package is put in place which balances education, enforcement and new
business models to discourage unlawful downloading.
Speaking today at the C&binet creative industries conference, Lord Mandelson confirmed proposals set out in the recent consultation on unlawful file-sharing
would form the basis of measures in the Digital Economy Bill.
The Government expects that warning notifications, followed up with targeted legal action by rights holders, should be the only enforcement action required to
significantly reduce the level of unlawful file-sharing. However the Government would have reserve powers to issue an order requiring ISPs to invoke technica
measures. Account suspension will be an option available to apply at the last resort for the most serious infringers.
Highlighting the scale of the problem, Lord Mandelson referred to the music industry’s assessment that said only one in every 20 tracks downloaded in the UK
downloaded lawfully.  
Lord Mandelson said:
“It’s clear that whilst unlawful file-sharing excites a strong response from all sides, it is not a victimless act. It is a genuine threat to our creative industries.  
“The creative sector has faced challenges to protected formats before. But the threat faced today from online infringement, particularly unlawful file-sharing, i
different scale altogether. We cannot sit back and do nothing.  
“We will put in place a fair, thorough process, involving clear warnings to people suspected of unlawful file-sharing, with technical measures such as account
suspension only used as a very last resort.  
“Only persistent rule breakers would be affected – and there would be an independent, clear and easy appeals process to ensure that the correct infringer is
He added that educating consumers in the value of intellectual property rights would help to bring about changes in behaviour – alongside innovation and ne
business models enabling consumers to download content at competitive prices.  
Lord Mandelson said:
“A ‘legislate and enforce’ approach to beating piracy can only ever be part of the solution. The best long-term solution has to be a market in which those who
music and film, for example, can find a deal that makes acting unlawfully an unnecessary risk.”
In other areas, Lord Mandelson said there was a case for copyright laws to be modernised to reflect reasonable consumer behaviour which did not damage t
sustainability of the creative industries.
This would mean that, for example, someone who has bought a CD would be able to copy it to their iPod or share it with family members without acting
unlawfully.  Such activity is not lawful under the current framework. 
He announced © The Way Ahead – the outcome of a review of copyright in the UK with recommendations to simplify complicated copyright laws across Europ
and beyond, allowing for greater access and increased freedoms.
The review was led by David Lammy, Minister of State for Higher Education and Intellectual Property. 
David Lammy said:
“I want people to have the freedom to enjoy music, books and film in creative ways, without fear of breaking the law.
“This is not an excuse to infringe copyright through unlawful file-sharing, but is about being able to do more with legally obtained content, such as remixing m
and mashing-up content to create grime and hip-hop tracks.
“I don’t want to see a regime based on arbitrary rules, but a system that recognises how consumers behave at a time when we rely increasingly on technology
our everyday lives.”

Interesting Comment:

Dear Lord Mandelson

Your simplistic and frankly bewildering view of the Internet not withstanding.. Before you make yourself and the government judge, jury and executioner in this matter please consider the following:

1)What actually constitutes “copyrighted infringed material”. Without this defined in the context of non-commerial content sharing you cannot hope to find legal argument to infringe on peoples rights in this way.

2)Are you suggesting that the way that traffic is monitored on the internet will be changed? ISP’s monitor traffic levels, and on the whole do not monitor what data is being channeled. What implications on personal privacy will this have? If I’m sharing copyrighted and NON copyrighted material at the same time will my rights to privacy be protected or will it be open season for content providers for all of my internet habits?

3) How do you intend to suspend internet access without trail? Will there be legal avenues that allow people to present evidence to a judge? and what happened to concept on innocent until proven guilty?

4) What will be the legal standard for identifying copyrighted material being shared? will you be going on file name alone, or will ofcomm be downloading the files and watching them to prove their copyrighted status? and why release any details to content providers when you have clearly taken upon yourself to police this matter on their behalf? Aren’t you just opening up UK citizens to American lead law suits that can bankrupt people over long the term? Don’t you want people to support these plans and see them as balanced? Protect your citizens and create a law that regulated this in the spirit of BRITISH law.

and finally….please please please do not deamonised the words “file sharing” or “P2P”. These are legal and useful technologies that are used around the world for all manner of things, be specific and treat your public with the respect it deserves.

Answer 1 or 2 of these questions to a satisfactory level and I will buy a CD in your honour, maybe even one of those £14.99 ones. Answer them all and I might just stop file sharing! Nah, only kidding about that last one! You see the larger battle here the one of ideas between young and old, cultural differences and not legal ones.

By RM on 2009 10 28

I think you’re a little out of touch Peter… Nothing will stop people sharing media online, simple as that.

Instead of suspending the end user how about targeting websites, blogs and web hosts who blatantly breach copyright laws. One only has to visit Twitter and type ‘free download’ for a list of users and usually a link to a blog/website will be displayed. How about shutting those pages down? Will that be too much like hard work?

I download live recordings of different bands I like. Will this mean I will get cut off, even if the recordings are not officially released?. If the artist/record company do not release such a performance no one is losing any payment and I will always buy a physical release (prefably on vinyl) of the artist.

If the record companies embraced the internet early on instead of sticking their heads in the sand hoping it will go away, your rather deluded speeches wouldn’t be necessary. Get a grip chap!

Full transcript here.
See the BBC report here
The Way Ahead can be found here

See the Digital Britain Report
Q&A here

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Bosh wins custody of domain names – The Globe and Mail

Posted in brands, trade marks, web 2.0 by coda on October 28, 2009
  • tags: domain names

      • Bosh wins custody of domain names

        Chris Bosh, seen having a laugh while speaking with reporters during the Toronto Raptors' media day earlier this month, has won a court case involving domain names.

        $(‘#lead-photo’).hover(function() {$(‘#lead-caption’).slideDown(300);}, function() {$(‘#lead-caption’).slideUp(300);});

    • Chris Bosh has always been keen on using the Internet and associated forms of social media get his name out in the public domain; now he can actually use his name to do it, and thanks to him hundreds of other famous names will too.

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National Center for Technology and Dispute Resolution : New UK Internet Payment Service Launched

Posted in technology, web 2.0 by coda on October 28, 2009

Colin has this post on a new development which might reduce the number of disputes surrounding payments.

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Posted in brands, social media, trade marks, web 2.0 by coda on October 11, 2009

We begin a new set of sessions on “Brand Identity and Trade Mark Law”. Just to get you going, consider the meaning of “brands” in the following 2 videos:

Further Reading
How is the Internet changing the role of brands (and the Law)
Some interesting sites:
1. My Starbucks Idea
2. Coca Cola and Tweets

Teen Privacy, Personally Identifiable and Online Predatory Marketing

Posted in privacy, Social networking sites, web 2.0 by coda on October 2, 2009

I want to be begin a series of posts as a way of brainstorming a possible article on Teen Privacy in the age of Web 2.0.

There is now growing evidence of the way social networking sites are being used by third parties to mine for information. Online tracking and behavioral targeting is not new. Inflection Point Media has some useful material on how companies mine data on the Internet.
Online behavioral advertising raises critical trust issues:
“Consumers are now more aware than ever that their browsing behavior is tracked for marketing purposes–and they’re not comfortable with it. The choice is clear: you can increase transparency about your behavioral targeting practices, or you can risk consumer doubt or suspicion if you don’t address the issue head-on.”

Truste conducted a 2009 study: Consumer Attitudes about Behavioral Targeting and its concludes that many consumers are taking steps to protect their online privacy. The Canadian Marketing Association did a similar study early this year and produced the following findings:

  • Seven in 10 Canadians (69%) are aware their browsing information may be collected for advertising purposes when they are online.
  • With the exception of cases where there is an existing relationship, most Canadian consumers feel online advertising is irrelevant to their needs — half (53%) indicate that fewer than one in 10 ads are relevant.
  • Canadians who consider online privacy to be a very important issue (58%) are not being driven by an underlying opposition to online advertising; indeed, they like seeing ads for coupons or promotions from companies they have dealt with before.
  • Most Canadians (79%) do not see the Internet as a well-regulated and safe place and many would like to have the means to ensure that they have choice and control over ads presented to them as a result of their web-browsing activity.

The subject of behavioral tracking has recently received the attention of the Internet Advertising Bureau. The IAB has taken the lead in collaborating with some of the major online behavioral advertising and marketing organisations. It has developed Good Practice Principles, a set of self-regulatory guidelines for companies that collect, record and use data for online behavioral profiling, marketing and advertising.

Further Reading

1. Summary: FTC Final Report on Behavioral Advertising
2. Firefox has a plugin for targeted advertising cookies:
3. FTC  Online Behavioral Advertising Principles
4. Meglena Kuneva, European Consumer Commissioner. Keynote Speech Roundtable on Online Data Collection, Targeting and Profiling Brussels, 31 March 2009
5. The IAB UK’s Good Practice Principles for Online Behavioural Advertising
6. A UK Guide to Online Behavioural Advertising and Online Privacy
7. CDT’s Guide to Behavioral Advertising
8. TRUSTe/TNS 2009 Study: Consumer Attitudes about Behavioral Targeting
9. A blog maintained by Andrew McStay
10. Information Commissioner’s Office, Review of the European Data Protection Directive (May 12, 2009)
10. Google’s Resource Page
11. Yahoo Advertising Page
12. Microsoft Privacy Resources
13. Audience Science Page
14. AOL Privacy Page
15. Randall C Picker, Online Advertising, Identity and Privacy on SSRN
16. B Szoka and A Thierer, A  Targeted Online Advertising: What’s the Harm & Where are We Heading? on SSRN