DRM News

The Guardian reports that a US copyright lobby is trying to get the US Trade Representative (USTR) to include countries that use open source software to be included in the USTR’s Special 301 list. Countries like Indonesia,  Brazil, India, Philippines, Vietnam and Thailand. Why these countries? Because they have enacted legislation to have public entities switch over to open source software.

So who is this copyright lobby? The International Intellectual Property Alliance (IIPA), basically a front group for the RIAA, the MPAA and the ESA. The same ones behind every Three Strikes Law in various countries, the ones calling the shots over ACTA which is in secret talks and completely non-transparent to citizens of the countries this would effect. So basically the people with something to gain, which are exactly the wrong people who should be guiding these things.

These are also the same guys who applauded the fact they got Canada placed on this list, despite the fact that Canada complies with its international IP agreements and works with the US government on these issues. The CCIA, basically an industry heavy group with members like Google, Yahoo, Microsoft, nvidea, AMD, ebay, etc, fully backs Canada and says Canada’s laws are fine. In fact Canada’s IP laws are in many ways more strict than US laws are.

The Special 301 report? Wikipedia describes it as:

The Omnibus Trade and Competitiveness Act of 1988 created the Special 301 mechanism, the USTR issues an annual Special 301 Report which “examines in detail the adequacy and effectiveness of intellectual property rights” in many countries around the world. Countries may be designated in the categories of Priority Watch List, Watch List, and/or Section 306 Monitoring status.

Traditionally its used by companies to use the US government to force other countries to comply with a company’s wishes. Not exactly what capitalism is about, but as long as they are making money, that really doesn’t matter. An example is the USTR blocking Costa Rica from selling sugar to the US unless it agrees to certain IP laws.

So what’s the case with open source software? Open source software is also called FOSS which stands for ‘Free and Open Source Software’. Note the word ‘Free’. This is what the IIPA doesn’t like. If they can’t make a dime off it, it should be illegal, considered piracy and stopped at all costs. So essentially they have gone to the US government to force other countries to buy their software.

What is interesting is will the IIPA demand that US be placed on the Special 301 list? There is a Department of Homeland Security project aimed at helping state and local governments switch to open source software. There are state and local governments moving to open source software right now, California and Oregon are two states doing this. As more and more states wrestle with budget shortfalls, how soon will they too switch to free and open source software?

The other scary aspect of allowing the IIPA and other groups to continue to do this is that it will stifle the free and open exchange of innovation that is the key of technology moving forward. It seems they would rather keep technology stagnant and make money, then let innovation grow.