Module 9: Activism - Revision history

Ecrowley: /* The Mataatua Declaration, New Zealand, 1993 */

2012-01-20T18:41:16Z

The Mataatua Declaration, New Zealand, 1993

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	The Declaration proclaimed that indigenous groups were the exclusive owners and primary beneficiaries of indigenous knowledge and folklore, and that all forms of misappropriation, whether discriminatory depiction or commercial exploitation, "must cease."		The Declaration proclaimed that indigenous groups were the exclusive owners and primary beneficiaries of indigenous knowledge and folklore, and that all forms of misappropriation, whether discriminatory depiction or commercial exploitation, "must cease."

	The Declaration provided suggestions for indigenous groups across the world, which was an essential element to mobilizing a globally dispersed political base. In a section labeled "Recommendations," ~~indigeneous~~ groups were instructed to define their own intellectual property practices and develop a code for external users to observe ~~which~~ included sanctions for misuse.		The Declaration provided suggestions for indigenous groups across the world, which was an essential element to mobilizing a globally dispersed political base. In a section labeled "Recommendations," indigenous groups were instructed to define their own intellectual property practices and develop a code for external users to observe that included sanctions for misuse.

	The Declaration also demanded that individual national governments recognize indigenous groups as the keepers of their cultural expressions and legally recognize multi-generational, cooperative, collective ownership over culturally significant items.		The Declaration also demanded that individual national governments recognize indigenous groups as the keepers of their cultural expressions and legally recognize multi-generational, cooperative, collective ownership over culturally significant items.

Ecrowley: /* McManis Amendment */

2012-01-20T18:39:04Z

McManis Amendment

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	=== McManis Amendment ===		=== McManis Amendment ===

	In May of 1997, Professor Charles McManis offered a [http://www.ali.org/ali_old/mcmanis.htm motion] at a Drafting Committee meeting to amend the initial drafts of the proposed Article 2B -- the draft provision that would have made the licenses enforceable. The McManis Amendment addressed the preemption issue head on, by prohibiting any mass-market software license that limited the rights provided by the federal copyright statute. It was adopted by a slim majority.		In May of 1997, Professor Charles McManis offered a [http://www.ali.org/ali_old/mcmanis.htm motion] at a Drafting Committee meeting to amend the initial drafts of the proposed Article 2B -- the draft provision that would have made the licenses enforceable. The McManis Amendment addressed the preemption issue head on by prohibiting any mass-market software license that limited the rights provided by the federal copyright statute. It was adopted by a slim majority.

	The McManis Amendment was fiercely criticized by software companies. Their objections were aired at an important academic conference held at the University of California at Berkeley.		The McManis Amendment was fiercely criticized by software companies. Their objections were aired at an important academic conference held at the University of California at Berkeley.

Ecrowley: /* The ALI Addresses the Issue */

2012-01-20T18:30:15Z

The ALI Addresses the Issue

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	=== The ALI Addresses the Issue ===		=== The ALI Addresses the Issue ===

	The ALI and the NCCUSL set out to resolve the uncertainty. They assigned the task of drafting a new “click wrap” addendum to the UCC to the Drafting Committee on Revision of U.C.C. Article 2. The drafting committee published an initial set of draft model laws, in which it suggested that "click wrap" licenses were valid contracts and should therefore be enforceable. Members of the American Law Institute realized that this was a controversial position. The ALI invited potential critics of the draft to a series of committee meetings, and ~~also~~ solicited comments via memoranda and letters.		The ALI and the NCCUSL set out to resolve the uncertainty. They assigned the task of drafting a new “click wrap” addendum to the UCC to the Drafting Committee on Revision of U.C.C. Article 2. The drafting committee published an initial set of draft model laws, in which it suggested that "click wrap" licenses were valid contracts and should therefore be enforceable. Members of the American Law Institute realized that this was a controversial position. The ALI invited potential critics of the draft to a series of committee meetings and solicited comments via memoranda and letters.

	=== Criticism from Copyright Scholars ===		=== Criticism from Copyright Scholars ===

BerkmanSysop: /* Contributors */

2010-03-19T18:27:43Z

Contributors

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	== Contributors ==		== Contributors ==

	This module was created by [[Contributors#ckennedy\|Conor Kennedy]], [[Contributors#cox\|Emily Cox]], [[Contributors#Abaker\|Adrienne Baker]], [[Contributors#arothstein\|Ariel ~~Rosthstein~~]], and [[Contributors#weiler\|Miriam Weiler]]. It was then edited by [[Contributors#fisher\|William Fisher]].		This module was created by [[Contributors#ckennedy\|Conor Kennedy]], [[Contributors#cox\|Emily Cox]], [[Contributors#Abaker\|Adrienne Baker]], [[Contributors#arothstein\|Ariel Rothstein]], and [[Contributors#weiler\|Miriam Weiler]]. It was then edited by [[Contributors#fisher\|William Fisher]].

BerkmanSysop: /* Copyright Law and Folklore */

2010-03-19T18:27:02Z

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	: [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310680 Srividhya Ragavan, "Protection of Traditional Knowledge," 2 Minn. Intell. Prop. Rev. 1]		: [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310680 Srividhya Ragavan, "Protection of Traditional Knowledge," 2 Minn. Intell. Prop. Rev. 1]

	: Professor Michael Blakeney, "[http://www.ecap-project.org/~~...~~/traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"		: Professor Michael Blakeney, "[http://www.ecap-project.org/fileadmin/ecapII/pdf/en/activities/regional/aun_sept_07/traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"

	== Contributors ==		== Contributors ==

Tfisher: /* Copyright Law and Folklore */

2010-03-01T12:23:39Z

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	: Professor Michael Blakeney, "[http://www.ecap-project.org/.../traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"		: Professor Michael Blakeney, "[http://www.ecap-project.org/.../traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"
	~~</div>~~

	== Contributors ==		== Contributors ==

Tfisher: /* 50px| Case Study #3: Copyright Law and Folklore */

2010-03-01T12:23:16Z

50px| Case Study #3: Copyright Law and Folklore

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	</div>		</div>

	~~<div style="border: 1px solid #ffcc01; padding: .5em 1em; background-color:#ffffff; margin: 3px 3px 1em 3px;">~~

	==[[image:resource.png\|50px\|]] Additional Resources ==		==[[image:resource.png\|50px\|]] Additional Resources ==

Tfisher: /* Copyright Law and Folklore */

2010-03-01T12:21:45Z

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	: Secretariat of the Pacific Community, "2nd SPC/PIFS/NESCO Working Group For Legal Experts on the Protection of Traditional Knowledge and Expressions of Culture." New Caledonia, 2003.		: Secretariat of the Pacific Community, "2nd SPC/PIFS/NESCO Working Group For Legal Experts on the Protection of Traditional Knowledge and Expressions of Culture." New Caledonia, 2003.

	: ~~Srividhya Ragavan, "Protection of Traditional Knowledge."~~		: [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310680 Srividhya Ragavan, "Protection of Traditional Knowledge," 2 Minn. Intell. Prop. Rev. 1]
	~~2 Minn. Intell. Prop. Rev. 1, available~~ [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310680 ~~here~~]

	: Professor Michael Blakeney, "[http://www.ecap-project.org/.../traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"		: Professor Michael Blakeney, "[http://www.ecap-project.org/.../traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"

Tfisher: /* Copyright Law and Folklore */

2010-03-01T12:20:34Z

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	=== Copyright Law and Folklore ===		=== Copyright Law and Folklore ===

	~~TEXTBOOK~~: "Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region." Ed. Christoph Antons. New York: Wolters Kluwer, 2009.		: "Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region." Ed. Christoph Antons. New York: Wolters Kluwer, 2009.

	~~BOOK~~: Debora J. Halbert, ''Resisting Intellectual Property.'' New York: Routledge, 2005.		: Debora J. Halbert, ''Resisting Intellectual Property.'' New York: Routledge, 2005.

	~~WORLD BANK POLICY RESEARCH REPORT~~: J. Michael Finger and and Philip Schuler, "Poor People's Knowledge: Promoting Intellectual Property in Developing Countries." 15.04.04.		: J. Michael Finger and and Philip Schuler, "Poor People's Knowledge: Promoting Intellectual Property in Developing Countries." (World Bank) 15.04.04.

	~~MEETING REPORT~~: Secretariat of the Pacific Community, "2nd SPC/PIFS/NESCO Working Group For Legal Experts on the Protection of Traditional Knowledge and Expressions of Culture." New Caledonia, 2003.		: Secretariat of the Pacific Community, "2nd SPC/PIFS/NESCO Working Group For Legal Experts on the Protection of Traditional Knowledge and Expressions of Culture." New Caledonia, 2003.

	~~ARTICLE~~: Srividhya Ragavan, "Protection of Traditional Knowledge."		: Srividhya Ragavan, "Protection of Traditional Knowledge."
	2 Minn. Intell. Prop. Rev. 1, available [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310680 here]		2 Minn. Intell. Prop. Rev. 1, available [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=310680 here]

	~~ARTICLE~~: Professor Michael Blakeney, "[http://www.ecap-project.org/.../traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"		: Professor Michael Blakeney, "[http://www.ecap-project.org/.../traditional_cultural_expressions_word.pdf The Protection of Traditional Cultural Expressions]"
	</div>		</div>

Tfisher: /* "Click Wrap" Licenses and the Uniform Commercial Code */

2010-03-01T12:19:53Z

"Click Wrap" Licenses and the Uniform Commercial Code

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	=== "Click Wrap" Licenses and the Uniform Commercial Code ===		=== "Click Wrap" Licenses and the Uniform Commercial Code ===

	~~WIKI~~: [http://en.wikipedia.org/wiki/Uniform_Commercial_Code Wikipedia: Uniform Commercial Code]		: [http://en.wikipedia.org/wiki/Uniform_Commercial_Code Wikipedia: Uniform Commercial Code]

	Garry L. Founds, [http://www.law.indiana.edu/fclj/pubs/v52/no1/11founds1.mac.pdf "Shrinkwrap and Clickwrap Agreements: 2B or Not 2B?",] 52 ''Federal Communications Law Journal'' 99, 1999.		: Garry L. Founds, [http://www.law.indiana.edu/fclj/pubs/v52/no1/11founds1.mac.pdf "Shrinkwrap and Clickwrap Agreements: 2B or Not 2B?",] 52 ''Federal Communications Law Journal'' 99, 1999.

	~~SCHOLARLY ARTICLE~~: Pamela Samuelson and Kurt Opsahl,[http://people.ischool.berkeley.edu/~pam/papers/2bEIPR.pdf "Licensing Information in the Global Information Market: Freedom of Contract Meets Public Policy,"((.link_green))] 21 ''European Intellectual Property Review'' 386, 1999.		: Pamela Samuelson and Kurt Opsahl,[http://people.ischool.berkeley.edu/~pam/papers/2bEIPR.pdf "Licensing Information in the Global Information Market: Freedom of Contract Meets Public Policy,"((.link_green))] 21 ''European Intellectual Property Review'' 386, 1999.

	~~SCHOLARLY ARTICLE~~: Pamela Samuelson, [http://people.ischool.berkeley.edu/~pam/papers/clr_2b.html "Symposium: Intellectual Property and Contract Law for the Information Age: Foreword,"((.link_red))] 87 ''California Law Review'' 1, 1999.		: Pamela Samuelson, [http://people.ischool.berkeley.edu/~pam/papers/clr_2b.html "Symposium: Intellectual Property and Contract Law for the Information Age: Foreword,"((.link_red))] 87 ''California Law Review'' 1, 1999.

	~~SCHOLARLY ARTICLE~~: Nimmer D, Brown E & Frischling G, [http://eon.law.harvard.edu/openlaw/DVD/research/metamorphosis.html "Symposium: The Metamorphosis of Contract into Expand,"((.link_green))] 87 ''California Law Review'' 17, 1999.		: Nimmer D, Brown E & Frischling G, [http://eon.law.harvard.edu/openlaw/DVD/research/metamorphosis.html "Symposium: The Metamorphosis of Contract into Expand,"((.link_green))] 87 ''California Law Review'' 17, 1999.

	~~SCHOLARLY ARTICLE~~: Charles McManis, [http://www.jstor.org/stable/3481006 "Symposium: Privatization or Shrink-Wrapping of American Copyright Law,"((.link_green))] 87 ''California Law Review'' 173, 1999.		: Charles McManis, [http://www.jstor.org/stable/3481006 "Symposium: Privatization or Shrink-Wrapping of American Copyright Law,"((.link_green))] 87 ''California Law Review'' 173, 1999.

	~~MAGAZINE ARTICLE~~: Pamela Samuelson, [http://quod.lib.umich.edu/cgi/t/text/text-idx?c=jep;view=text;rgn=main;idno=3336451.0004.305 "Legally Speaking: Does Information Really Want to be Licensed?,"] 41 ''Communications of the ACM'' 9, September 1998.		: Pamela Samuelson, [http://quod.lib.umich.edu/cgi/t/text/text-idx?c=jep;view=text;rgn=main;idno=3336451.0004.305 "Legally Speaking: Does Information Really Want to be Licensed?,"] 41 ''Communications of the ACM'' 9, September 1998.

	~~WEBSITE~~: [http://www.law.berkeley.edu/institutes/bclt/events/ucc2b/ucc2b.html UCC 2B Conference Website], 25.04.08.		: [http://www.law.berkeley.edu/institutes/bclt/events/ucc2b/ucc2b.html UCC 2B Conference Website], 25.04.08.

	~~REPORT~~: Subcommitteee On Software Contracting Of the Uniform Commercial Code Committee, [http://www.ftc.gov/bcp/workshops/warranty/comments/divelymaryjo3.pdf Briefing Paper: Proposed UCC Article 2B,] American Bar Association, 24.07.97.		: Subcommitteee On Software Contracting Of the Uniform Commercial Code Committee, [http://www.ftc.gov/bcp/workshops/warranty/comments/divelymaryjo3.pdf Briefing Paper: Proposed UCC Article 2B,] American Bar Association, 24.07.97.

	~~MAGAZINE ARTICLE~~: Pamela Samuelson, [http://people.ischool.berkeley.edu/~pam/papers/acm_wipo.html "Legally Speaking: The Never-Ending Struggle for Balance,"] 40 ''Communications of the ACM'' 5, May 1997.		: Pamela Samuelson, [http://people.ischool.berkeley.edu/~pam/papers/acm_wipo.html "Legally Speaking: The Never-Ending Struggle for Balance,"] 40 ''Communications of the ACM'' 5, May 1997.

	~~MEMO~~: Cem Kaner, [http://www.kaner.com/pdfs/ucc2b.pdf Uniform Commercial Code Article 2B A New Law of Software Quality,] 3 ''Software Quality Assurance'' 10, March 1996.		: Cem Kaner, [http://www.kaner.com/pdfs/ucc2b.pdf Uniform Commercial Code Article 2B A New Law of Software Quality,] 3 ''Software Quality Assurance'' 10, March 1996.

	=== Copyright Law and Folklore ===		=== Copyright Law and Folklore ===