WIPO Internet Treaties
The WIPO Internet treaties are a reaction to a number of issues raised by the evolution of digital technology and digital media, the Internet in particular. The treaties do not appear to be well drafted, as the language in many parts is problematic, or at least is broad enough that it can accommodate misuse and abuse of the traditional monopoly copyright. In particular, the WIPO treaties would appear to foster a significant shifting of the traditional balancing of owner and user rights in favor of copyright owners. On the other hand, the treaties do raise issues that it would be worthwhile for countries to address in their own copyright policy, and it would seem possible to adequately address those issues within the framework of the WIPO treaties while maintaining the traditional balance.
In fact, this position paper tends to seek that resolution, and the proposed policy responses would seem to comply, for the most part, with the WIPO treaties.
It would seem that, to date, there has been limited support for the WIPO treaties (as of 15 January 2003, there were only 39 signatories), and it is unclear what additional benefits may accrue from accession. Thus, I would concur with the proposed policy of focusing policy development on the various issues raised by digital technology, with an awareness of the WIPO treaties provisions and an eye towards eventual compliance and accession, rather than rushing to support the treaty itself.
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