Showing posts with label BRIC. Show all posts
Showing posts with label BRIC. Show all posts

Wednesday, May 04, 2011

Media Piracy in Emerging Economy Report: Omnipresent China Conspicuously Absent

Media Piracy in Emerging Economies, is a very interesting report edited by Joe Karaganis, program director of Social Science Research Council. Digital copying of music, film and software works that fall outside the boundaries of copyright are not only a dilemma in developed countries but also in emergent markets such as Brazil, Russia, India and South Africa, which are covered in country cases. The report also deals with Mexico and Bolivia.

Conspicuously absent is a country case on China. However, the reader can observe this omnipresent protaganist, during the whole 400 pages, a bit like the great white whale in the novel Moby Dick.
The report contends refreshingly that the question is not whether stronger enforcement can preserve existing market structures, but whether business models can emerge that can serve the low end of the media market. Or in the words of Karaganis: the choice is between high piracy/low price and not high piracy/high price.
The report seems to take the copyright law of the respective jurisdictions as a given.

The report has many interesting critical notes, including about the alleged link between piracy and organized crime/terrorism. It persuasively makes the case that in the time that film and music were consumed via CD and DVD and optical disk production was only lucrative on a industrial scale, it might have had some relevance. But first cottage production of optical disks became possible and now even they are in competition with down loading consumers.

Media Piracy in Emerging Economies, funded by the Canadian International Development Research Center and the Ford Foundation, is available via pdf under a Consumer's Dilemma license, see here.
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Monday, May 17, 2010

What is so special about Special 301 vis-à-vis China? Part II

The previous part can be seen here: Part I.

Yes, Special 301 is special, but what is rather normal?

Like each sovereign state, the US tries to use its power to encourage/pressure other countries to protect its interests as long as it honours its obligations and commitments. Or as the report states: "(..) USTR works to protect American inventiveness and creativity with all the tools of trade policy, including this Report." And since Special 301 is not incompatible with WTO, I don't see anything wrong with a USTR's assessment excercice from a legal perspective. Subjectivity is completely legitimate for a government. This time I do not share the outcry of Mike Masnick (see below) nor the indignation of my esteemed blogger colleague Shamnad Basheer of Spicy IP. However, I do share Mr Basheer's remark in his open letter to the USTR here that "[i]f your grudge is that we haven't complied with TRIPS, please feel free to take us to the WTO dispute panel." Yes, that is each WTO member's prerogative. From a Realpolitik point of view: the BRIC-countries (Brazil, Russia, India and China) are getting more powerful economically and might be able as a bloc to change the legal and political pressure to the other side, if they wanted to and if they would not be so divided.

To be continued: see Part III and Part IV.


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