Hypocrisy is the act of persistently pretending to hold beliefs, opinions, virtues, feelings, qualities, or standards that one does not actually hold. Hypocrisy is thus a kind of lie.
Esta es la primera vez que escribo un post en dos idiomas, la hipocresía de la Lista 301 de la IIPA es tanta que merece ser explicada aun para quienes no hablan español.
This is the first time I write a post in two languages, the hypocrisy of the IIPA list 301, is too much that deserves to be explained even for those who do not speak spanish.
IIPA fue formada en 1984 y comprende una coalicion de asociaciones de de comercio de Estados Unidos, encargadas de hacer Lobby por sus representados.
Forman parte de esta organizacion : Association of American Publishers (AAP), Business Software Alliance (BSA), Entertainment Software Association (ESA), Independent Film & Television Alliance (IFTA), Motion Picture Association of America (MPAA), National Music Publishers' Association (NMPA) and the Recording Industry Association of America.
The IIPA was formed in 1984, a coalition of trade associations that represent copyright-based U.S. industries: the Association of American Publishers (AAP), Business Software Alliance (BSA), Entertainment Software Association (ESA), Independent Film & Television Alliance (IFTA), Motion Picture Association of America (MPAA), National Music Publishers' Association (NMPA) and the Recording Industry Association of America.
IIPA recomienda a los países que promueven el Open Source, terminar con estas practicas ya que compromete las industrias del software y elimina la competencia a largo plazo.
Por lo tanto los siguientes países estarán en una lista especial la cual se recomienda ser monitoreada por la Oficina de Comercio de los EEUU, de acuerdo a la sección 306 del acta de comercio de 1974 :
Section 306(a) requires the USTR to "monitor" the implementation of measures undertaken by, or agreements entered into with, a foreign government to provide a satisfactory resolution of a matter subject to dispute settlement to enforce the rights of the United States under a trade agreement.
"(1) IN GENERAL.—If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 301(a). For purposes of section 301, any such determination shall be treated as a determination made under section 304(a)(1).
(2) WTO DISPUTE SETTLEMENT RECOMMENDATIONS.—If the measure or agreement referred to in subsection (a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the Trade Representative considers that the foreign country has failed to implement it, the Trade Representative shall make the determination in paragraph (1) no later than 30 days after the expiration of the reasonable period of time provided for such implementation under paragraph 21 of the Understanding on Rules and Procedures Governing the Settlement of Disputes …".
Esto quiere decir que EEUU puede tomar medidas represivas ( en principio comerciales ) si estos países no cumplen con las recomendaciones del documento de la IIPA
IIPA recommends that countries that promote Open Source, end these practices as it compromises the software industry and eliminate competition in the long term.
Therefore the following countries will be on a special list which is recommended to be monitored by the Trade Oficna U.S., according to section 306 of the Trade Act of 1974.
This means that the U.S. can take repressive measures (normally commercial) if these countries do not apply the recommendations of the IIPA paper
IIPA recommended to USTR that "India remain on the Priority Watch List in 2010."
The industry is also concerned about moves by the government to consider mandating the use of open source software and software of only domestic origin. Though such policies have not yet been implemented, IIPA and BSA urge that this area be carefully monitored.
IIPA recommended to USTR that "Indonesia remain on the Priority Watch List."
Worse yet, instead of focusing attention on piracy and solutions to the problem, the government retained onerous market access barriers, including the requirement to locally manufacture film prints and home videos in Indonesia (which had been suspended throughout 2009) and added new restrictions. For example, in March 2009, the Ministry of Administrative Reform (MenPAN) issued Circular Letter No. 1 of 2009 to all central and provincial government offices including State-owned enterprises, endorsing the use and adoption of open source software within government organizations. While the government issued this circular in part with the stated goal to “reduc[e] software copyright violation[s],” in fact, by denying technology choice, the measure will create additional trade barriers and deny fair and equitable market access to software companies.
Priority Actions Requested in 2010: IIPA requests that the government of Indonesia take the following actions, which would result in the most significant near term commercial benefits to the copyright industries:
Market Access and Related Issues
• Rescind March 2009 MenPAN circular letter endorsing the use and adoption of open source software which threatens to create additional trade barriers and deny fair and equitable market access to software companies.
Government Procurement Preference Denies U.S. Software Companies a Level Playing Field: The government of Indonesia, under its Ministry of Administrative Reform (MenPAN), officially sent to all central and provincial government offices, including state-owned enterprises in Indonesia, Circular Letter No. 1 of 2009 issued on March 30, 2009, endorsing the use and adoption of open source software within government organizations. More specifically, the MenPAN letter, concerning the “Utilization of Legal Software and Open Source Software (OSS),” encourages government agencies to use “FOSS” (Free Open Source Software) with a view toward implementation by the end of 2011, which the Circular states will result in the use of legitimate open source and FOSS software and a reduction in overall costs of software. The letter was followed by subsequent clarification documents, including an April 2009 State Ministry of Research & Technology (RISTEK) document regarding the “Migration to Open Source in Government Agencies.”
The IIPA recommended to the "Philippines be elevated to the Priority Watch List and that USTR conduct an Out-Of-Cycle Review (OCR)."
Other Draft Legislation: The Congress of the Philippines went on recess on February 5, 2010. Prior to that, there were several other copyright-related bills being watched by IIPA. IIPA states in general its support for Senate Bill 1572, An Act Strengthening the Enforcement of the Copyright Protection of Intellectual Property Right Owners of Computer Programs Creating For This Purpose the Business Software Copyright Piracy Enforcement Unit etc. IIPA also states its support for Senate Bill 684, An Act Requiring the Teaching of Intellectual Property Ownership Particularly Copyright Law as Part of the Curriculum of All Primary, Secondary and Tertiary Schools In the Country, and For Other Purposes. IIPA was concerned regarding reports of consideration of a Free Open Source Software bill which would require government offices to use open source software. Passage of that bill would deny technology choice regarding software usage and ultimately would stunt the growth of the IT industry in the Philippines.
The IIPA recommended to USTR that "Brazil remain on the Watch List in 2010."
Priority actions requested to be taken in 2010: The copyright industries recommend that the following actions be taken in the near term in Brazil in order to improve the adequate and effective protection of copyrighted materials:
Avoid legislation on the mandatory use of open source software by government agencies and government controlled companies.
IIPA recommended to USTR that "Thailand should be lowered to the Watch List".Conversely, IIPA is concerned by the proposed preference policy of the Prime Minister mandating government agencies to buy open source software, which is inconsistent with APEC policy guidance on technology choice. Priority Actions Requested In 2010: IIPA requests that the Royal Thai government take the following actions, which would result in the most significant near-term commercial benefits to the copyright industries:
Market Access and Related Issues
• Among other market access restrictions to be addressed, reverse proposed policy mandating use of open source software, and, e.g., requiring bundling of government funded computers and computers for schools with open source software; maintain neutral policies with respect to technology choice
Regarding government legalization of software usage, IIPA is pleased that, according to the Royal Thai government’s latest report, it has requested the cooperation of all government sectors to abide by the decision of the Cabinet in 1999, which stipulates that all government sectors are to strictly use legitimate software. However, this positive request may be made much less valuable by the Prime Minister’s apparent policy that government agencies acquire open source software, thus restricting their technology choice.
Donde esta la hipocresia ?
Where is the hipocrisy ?
En el siguiente grafico, la mayoria de las empresas que forman parte de las asociaciones utilizan software Open Source, incluso la Casa Blanca.
In the following chart, most of the companies who are in of those associations are using Open Source software, even the White House.
Recuerdan Avatar ?
Do you remember Avatar ?