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Friday, April 7, 2006

Piracy and Argentina (and a Reflection on Siestas)

Ray Gifford's precise and insightful presentation on interoperability and standards (see this paper of his for similar thoughts) was followed by a compelling panel on piracy. There is much focus on physical piracy in the developing world, but online piracy is also rampant and frequently is linked to physical piracy.

Attorney and researcher Alejandra Aoun outlined the challenges for content rights holders in the digital era. Many of her examples would be familiar to some in the IP debate in the US, but she had one I hadn't heard of, a new site selling eBooks, including Borges and J.K. Rowling, at less than a penny per book. Graciela Peiretti, director of Nacional de Derechos de Autor, noted that Argentina is a party to WIPO, and sees it and various international treaties as permitting some flexibility for lawmakers, rightsholders and users in crafting approaches for new technologies. Again, her summary may not have been new to U.S. IP lawyers, but it seemed her information was well-received by the many young attorneys here in Buenos Aires seeking to better understand the role and obligations of the Argentine government and IP users in a WIPO world.

Attorney and WIPO consultant Miguel Angel Emery of Estudio Mille built on those presentations by discussing the Napster and Grokster cases, showing the interest in and impact of US court decisions abroad). Emery said Argentina has a very well-written law that would permit provisions similar to the Grokster decision to be applied here. He also said Argentina's law already has provisions on not just copying but distribution being sought in legislation in the US and elsewhere. The core reason for this? The Argentine court didn't accept the principle of fair use; one copy is illegal, period. His presentation was well-received and followed audience questions on Napster and Grokster.

Speaking of the numerous audience members, it appears every one has returned from our lunch, again a huge meal featuring amazing steak. To their collective credit, they came back to hear Ray and the later panels rather than seeking a siesta. Perhaps we should have put one into the agenda, though; a porteno told me yesterday that he takes a 15 minute nap every day and his father swore by daily naps to save brain cells; his father lived until 84 and was as mentally sharp at the end as he had ever been.

posted by Patrick Ross @ 3:50 PM | Digital Americas

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