tag:blogger.com,1999:blog-576163129774298049.post7360796511943572904..comments2023-10-14T14:51:58.358+01:00Comments on thelegalbratblawg: Hargreaves #2: a response to comments so farlegalbrathttp://www.blogger.com/profile/08885387966127219569noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-576163129774298049.post-48419336589213171382011-03-21T10:12:31.634+00:002011-03-21T10:12:31.634+00:00Given the speculative stage we're at it's ...Given the speculative stage we're at it's hard (and possibly futile) to argue specifics. Better to build common ground and consensus, so I've little to add to the fine responses above (although for my part I'm still not seeing why we need to mandate a single solution, rather than have a fertile ADR ecosystem; and I have some other concerns which don't go addressed by this, but were perhaps wide of the mark, so best to let them lie on my blogpost than drag them back here), save that I wanted to stamp on a further perceived difference of opinion.<br /><br />"We are NOT proposing a Panel staffed by rights-owners for the benefit of rights-owners."<br /><br />I didn't want to allege this, though perhaps I did. I tend to focus on rightsholder behaviour, but as I pointed out on Twitter to @copyrightgirl, the revolving door can communicate with Youtube HQ as well!<br /><br />@drycloudPhil Bhttps://www.blogger.com/profile/12686982832827029472noreply@blogger.comtag:blogger.com,1999:blog-576163129774298049.post-65801306013105584192011-03-21T07:46:34.070+00:002011-03-21T07:46:34.070+00:00I don't think the proposed solution addresses ...I don't think the proposed solution addresses a real problem start ups have. In my experience it’s rare for a business model to turn on a complex question of copyright. Start up budgets for legal help is often low, and their copyright questions are fairly basic. I've never come across a scenario which would merit consulting a Tribunal for definitive copyright advice. For example, we advised someone a few months ago who wanted to establish an aggregator business. It didn’t involve complex questions of copyright law to point out the risks. Litigation that Google has faced in this area across Europe and the USA, was enough indication of the likely issues the business would face. I'm not sure what a Tribunal could have added to the guidance we were able to offer very cost effectively.<br />Normally, people do not have a business idea that rides on having an accurate opinion on a single complex copyright question. As long as they find a lawyer who can advise on copyright they will be able to receive accurate advice.<br />The issue most start ups raise is whether they can patent their idea, and how they can best protect their business, rather than whether they can do something under copyright laws. So, if there were a tribunal that could issue opinions, the demand from start ups, would be for opinions on patentability. Many have nothing more than a business idea, for which they produce an application. However, as an adviser you need a good understanding of computer science sometimes to be able to tell them whether a patent is potentially available. So, a tribunal that could give answers on technology patents may address a need I've noticed start ups have, but copyright, no. However, there are plenty of patent attorneys around, so not sure why a tribunal would be needed even here.Shireen Smith, Azrightshttps://www.blogger.com/profile/00878214320196044240noreply@blogger.com