What standardization is for technologies, harmonization is for laws and regulations. They both intend to create interoperability and free flows. The Internet led to a new phase of global and European harmonization of copyright law which is nearly completed. The panel will review the commons aspects of traditional copyright law -- i.e. the limited term of protection, and the exceptions and limitations for the benefit of the public -- and it will ask for the future of the Digital Commons that the emerging global legal regime holds. While lawmaking seems to favor ever more control over cultural artefacts by their owners, corrections by jurisdiction have already started. The Federal Court of Canada argued in a recent decision that sharing music files on the Internet does not constitute copyright infringement at all. In Munich, for the very first time in its nearly twenty years of existence a court confirmed the validity and enforceability of the GNU GPL. Is there hope for the legal recognition and protection of the Digital commons after all?
Mod: Volker Grassmuck Project Lead, Wizards of OS & Helmholtz-Zentrum fuer Kulturtechnik, Humboldt University Berlin
Geidy Lung Legal Officer, Copyright Law Division, World Intellectual Property Organization (WIPO), Geneva