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April 24, 2007

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Listed below are links to weblogs that reference Digital Copyright: What is really in the Hong Kong people's interest?:

» Hong Kong: debate rages over proposed copyright law changes from Boing Boing
Rebecca McKinnon has a blog post up today about debate surrounding proposed changes to online copyright law in Hong Kong. It amounts to an emulation of America's Digital Millenium Copyright Act (DMCA), with a few crap-provements to make a Hong Kong ver... [Read More]

» links for 2007-04-25 from pf.org
YouTube - PRESIDENT CRAZY LAUGH Clinton loses it during a meeting with Yeltsin. (tags: funny politics video) Tech news blog - A field guide for identifying bad CEOs | CNET News.com The executive summary is whether or not they... [Read More]

» Stop kowtowing to the creative industry from spacehunt.info
I only realized that today, April 30, is the deadline for making submissions to the Copyright Protection in the Digital Environment paper, as I went to bed last night. Now of course everyone knows most of the public consultations conducted by the Hong ... [Read More]

Comments

Alvin Cheung

I'd be happy to try and translate the full position paper, if anyone else hasn't already done so.

Pindar Wong

FWIW, here's part of my submission which I just sent. [Apologies in advance for the formatting]

'Whether these activities involve uploading, downloading, innovative
technologies (P2P) etc. are a distant secondary concern as I believe
that ‘the principle’ is more important than ‘the pipe’. Specifically, I
believe that the scope of criminal liability should be narrow and apply
only to those copyright infringement activities of ‘an organised,
commercial or significant scale'. Such economic crimes should also, in
my view, be punishable by statutory damages (see i below) and the
rights holder should able to enjoy such quantifiable remedy if, and
only if, they have discharged their related responsibility to provide
timely mechanisms that enable the wider public to secure meaningful
licenses.

Rather than promote a single business model that relies on a
‘monopoly rents’, a litmus test of any resulting compliance and
enforcement policy, should be its ability to equally support the
‘interests’ of a variety of models, from those which are highly
restrictive (e.g. all rights reserved) to those which are more liberal (e.g. some rights reserved).

Protecting intellectual property is not an end in itself, and by
focusing and facilitating the wider societal interest to encourage
creativity, while providing clear quantifiable redress to rights holders, the Government may help the debate evolve towards establishing a creative ecosystem; rather than perpetuate and extend special-interest provisions.

Specifically, I believe there is an opportunity for the Government to
help establish HK as a world-leader in copyright compliance by requiring, and facilitating, the provision of enhanced licensing
schemes and innovative licensing structures. Exploring these licensing scheme, current methods of group protection, collecting
societies and innovation in this area is something your paper is
unfortunately silent on. Thus, from the perspective of avoiding
infringement in the first place, it is unexpectedly incomplete and some
might argue ... fatally flawed.

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