« links for 2007-04-23 | Main | links for 2007-04-24 »

April 24, 2007


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

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.

The comments to this entry are closed.

My Photo

Global Voices

  • Global Voices Online - The world is talking. Are you listening?

  • Donate to Global Voices - Help us spread the word
Blog powered by Typepad
Member since 10/2004


My book:

Consent of the Networked
Coming January 31st, 2012, from Basic Books. To pre-order click here.
AddThis Feed Button