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WGIG comments

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Dr. Francis MUGUET 1116208182Mon, 16 May 2005 01:49:42 +0000 (UTC)
Hello Free Software supporters,

This is the text that I just sent the WGIG.
( both pdf and sxw formats ) according to the spirit
of my previous post.
I hope that the late comments of Richard have been
properly accounted in advance, and I made it clear
that those comments are not the sign that we are bringing
some legitimacy to the WGIG.

All the best

Francis

-------------------------------------------------------------

Civil Society Working Group on Patents, Copyrights and Trademarks
http://www.wsis-pct.org

Concise COMMENTS on the WGIG Papers


         It is highly regrettable that a member of the Patent & 
Copyrights Working Group could not be part of the WGIG,
but we are pointing out that this is not due to the United Nation 
handling of the selection process that we salute both as open and 
inclusive, but it is seemingly the collateral damage of confusion within 
Civil Society. Therefore, and despite the best efforts of the WGIG 
secretariat and chair, the question of the representativity of the WGIG 
remains open.
         Nevertheless, we are kindly requesting the attention of the 
WGIG on the following issues :
         1/ Interoperability should be included as one factor of 
appreciation and criteria within Internet Governance considerations and 
assessments.
  We suggest that the WGIG should adopt the following recommendations
   A/ Recommend that all internet-related software, whether proprietary, 
open source or free software, shall allow a full, free, and potential 
interoperability with every other internet-related software and 
hardware, without the burden of
any financial or legal obligations, in order to permit the free flow of 
information within the Internet, as well as equitable and sustainable 
development.
  B/ Recommand all apparatuses, devices, media build for 
internet-related use shall allow a full, free, and potential 
interoperability with every other internet-related hardware and 
software, without the burden of any financial or legal obligations, in 
order to permit the free flow of information within the Internet, as 
well as equitable and sustainable development.
  C/ Interoperability certificates shall be delivered delivered to such 
potentially interoperable hardware and software
by an international body.
The PCT group has not determined yet which would be the best 
international body to deliver such certificates and the fees that would 
be collected for such a purpose, and might bring further information to 
the WGIG on this matter latter on.
  2/ In the WGIG papers, in many occasions the lack of a proper legal 
basis is highlighted for current governance agreements. We would like to 
bring to the attention of the WGIG, the UNMSP proposal ( see 
http://www.unmsp.org ), under the high patronage of H.E Adama 
Samass?kou, that would allow the relatively easy creation of 
international Multi-Stakeholder Partnerships that would be equitable, 
transparent, inclusive and accountable before the United Nations. A 
UNMSP Multi-Stakeholder partnership might provide the efficient and 
inclusive framework that is needed for ICANN or for the ICANN/GAC 
combination where it is hoped that Free Software advocacy and developers 
groups can be considered as contributing partners. It is worth to 
mention that the Free Software Community is the creator of nearly all 
the software that allows the Internet networking infrastructure to be 
able to function so effectively. However, while being such a crucial 
contributor, the Free Software Community has been little consulted so 
far on Internet governance issues. Therefore we ask the WGIG to assess 
the possibilities offered by the UNMSP proposal to provide a way to 
create suitable legal frameworks for Internet governance that would be 
inclusive of all stake-holders, such as the Free Software community.
  3/ Many PCT group members feel that there are many other issues that 
have not received the proper treatment in the WGIG papers, but since no 
PCT group member is a member of the WGIG group, the task of 
communicating about those delicate and complex issues has proven too 
difficult to handle in practice.
  4/ We kindly request the WGIG secretariat to make it available those 
concise comments on the WGIG web site both in the pdf format ( 
proprietary but interoperable ) and the OpenOffice format ( free and 
interoperable ) and to cease to use, for display on the WGIG web site, 
proprietary and non-interoperable file formats.


Paris, May 15, 2005
Francis Muguet, PCT-WG co-chair




--------------------------------------------------------
Francis F. MUGUET Ph.D

MDPI Foundation Open Access Journals
Associate Publisher
http://www.mdpi.org   http://www.mdpi.net
       

ENSTA   Paris, France
KNIS lab.  Director
"Knowledge Networks & Information Society" (KNIS)
   http://www.ensta.fr/~muguet

World Summit On the Information Society (WSIS)
Civil Society Working Groups
Scientific Information :  http://www.wsis-si.org  chair
Patents & Copyrights   :  http://www.wsis-pct.org co-chair
Financing Mechanismns  :  http://www.wsis-finance.org web

UNMSP project : http://www.unmsp.org
WTIS initiative: http://www.wtis.org
Vittorio Bertola 1116254538Mon, 16 May 2005 14:42:18 +0000 (UTC)
Il giorno lun, 16-05-2005 alle 01:48 +0200, Dr. Francis MUGUET ha
scritto:
> Hello Free Software supporters,
> 
> This is the text that I just sent the WGIG.Just a couple of comments...>          Nevertheless, we are kindly requesting the attention of the 
> WGIG on the following issues :
>          1/ Interoperability should be included as one factor of 
> appreciation and criteria within Internet Governance considerations and 
> assessments.
>   We suggest that the WGIG should adopt the following recommendationsWhile I absolutely agree on the crucial importance of interoperability,
please bear in mind that the WGIG is not meant to make recommendations
on the substance of any matter. It is just meant to address governance
of the matters.

However, I think that there's no clear entity in charge of dealing with
this kind of issues - in part they relate to technical standard bodies
such as IETF and ITU, in part it's intellectual property and thus WIPO,
in a good part it's commerce regulations and thus WTO. Personally, I
think that this is one example of the kind of issues which would benefit
the most from the creation of a multistakeholder "Internet group" that
could span the entire agenda of Internet governance, and thus make (non
binding) recommendations on these issues.

(At the same time, many WGIG members are pushing for this or that
substance recommendation to be included somewhere in the report, and in
this case I will definitely push for the inclusion of some
recommendation on interoperability, as well as on patentability of
technical standards.)>   2/ In the WGIG papers, in many occasions the lack of a proper legal 
> basis is highlighted for current governance agreements. We would like to 
> bring to the attention of the WGIG, the UNMSP proposalActually, this is one of the hottest points at WGIG now. I'm not sure
whether you read the "Internet Steering Group" document that I
circulated on the governance caucus list some weeks ago - that's the
kind of discussion that is going on.
Dr. Francis MUGUET 1117661508Wed, 01 Jun 2005 21:31:48 +0000 (UTC)
Dear Vittorio

Sorry for my belated answer.
Catching up with old mail.>Il giorno lun, 16-05-2005 alle 01:48 +0200, Dr. Francis MUGUET ha
>scritto:
>  
>
>>Hello Free Software supporters,
>>
>>This is the text that I just sent the WGIG.
>>    
>>
>
>Just a couple of comments...
>
>  
>
>>         Nevertheless, we are kindly requesting the attention of the 
>>WGIG on the following issues :
>>         1/ Interoperability should be included as one factor of 
>>appreciation and criteria within Internet Governance considerations and 
>>assessments.
>>  We suggest that the WGIG should adopt the following recommendations
>>    
>>
>
>While I absolutely agree on the crucial importance of interoperability,
>please bear in mind that the WGIG is not meant to make recommendations
>on the substance of any matter. It is just meant to address governance
>of the matters.
>
>  
>OK, this is playing with the words.  The WGIG must deliver conclusions.
The issue is whether intereoperability constitutes a criteria of good 
governance,
in the sense following sense :
 A bad gouvernance scheme is a scheme that does not care for 
interoperability
 or even worse prevent interoperability.
 A good gouvernance scheme should allow and even better enforce
 interoperability between the  components of the network  of which
 the governance body is in charge.>However, I think that there's no clear entity in charge of dealing with
>this kind of issues - in part they relate to technical standard bodies
>such as IETF and ITU, in part it's intellectual property and thus WIPO,
>in a good part it's commerce regulations and thus WTO.
>Exactly, your analysis is correct, this questions of interoperability.
 supersedes and encompasses all those you
mentionned : tech standards, patents & copyrights, commerce regulations,
adding one more : telecommunication regulations.
Therefore it is a question of overall governance.> Personally, I
>think that this is one example of the kind of issues which would benefit
>the most from the creation of a multistakeholder "Internet group" that
>could span the entire agenda of Internet governance, and thus make (non
>binding) recommendations on these issues.
>  
>The WGIG could bring in its conclusions that such a Multi-Stakeholder 
body is requirement
( a requirement but not the solution ) to achieve good governance of 
public networks
such as the internet.>(At the same time, many WGIG members are pushing for this or that
>substance recommendation to be included somewhere in the report, and in
>this case I will definitely push for the inclusion of some
>recommendation on interoperability, as well as on patentability of
>technical standards.)
>
>  
>meaning  *against* the patentability of standards, of course...>>  2/ In the WGIG papers, in many occasions the lack of a proper legal 
>>basis is highlighted for current governance agreements. We would like to 
>>bring to the attention of the WGIG, the UNMSP proposal
>>    
>>
>
>Actually, this is one of the hottest points at WGIG now. I'm not sure
>whether you read the "Internet Steering Group" document that I
>circulated on the governance caucus list some weeks ago - that's the
>kind of discussion that is going on.
>  
>I understand that besides the UNMSP proposal, there is Milton's treaty 
proposal,
the clone of the the UN Framework Conventon on Climate Change,
I believe that all those proposals that could provide an  international 
public law
framework should be closeky examined by the WGIG.
The WGIG should focus on the legal merits of each proposal, their scope 
and flexibility,
and not an assessement if a specific approach would take more or less 
time to
be achieved..

Best regards

Francis

-------------------------------------------------------- 
Francis F. MUGUET Ph.D 

MDPI Foundation Open Access Journals
Associate Publisher
http://www.mdpi.org   http://www.mdpi.net
       

ENSTA   Paris, France
KNIS lab.  Director 
"Knowledge Networks & Information Society" (KNIS)
   http://www.ensta.fr/~muguet

World Summit On the Information Society (WSIS)
Civil Society Working Groups
Scientific Information :  http://www.wsis-si.org  chair
Patents & Copyrights   :  http://www.wsis-pct.org co-chair
Financing Mechanismns  :  http://www.wsis-finance.org web

UNMSP project : http://www.unmsp.org
WTIS initiative: http://www.wtis.org
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