Jun 192013
 


LONDON — (Marketwired) — 06/18/13 — Arxan Technologies, the industry-leading provider of software security solutions that protect the App Economy, today announced they will speak on a panel titled “Breaking Down the Security of a Mobile Wallet” at the Mobile Wallet and Retail Innovation Summit. The summit will address the mCommerce ecosystem’s critical business, partnership, technology and security questions, as both operators and OTT players begin implementing different approaches to securing ROI through their m-payment proposition.

Cyber criminals are increasingly developing pervasive exploits and the means to commit mobile transaction fraud is growing. Money transfers and merchandise purchases are driving up mobile payment transactions around the world, with the value of transactions this year expected to reach $235.4 billion according to the Gartner analyst firm. Mobile enterprises serving consumers and end users must understand the top mobile vulnerabilities and emerging threats that impact mobile financial transactions via the application.

“Innovations in mobile payment technology are at an extremely exciting stage,” said Winston Bond, European technical manager, Arxan UK. “However, the development of peer-to-peer banking transactions, remote wallet/credit card payments, mobile banking and mCommerce in general open up a wide array of cyberthreats that can lead to fraud, unauthorized access, data breaches and brand erosion without the proper application security measures in place.”

WHAT:
Breaking Down the Security of a Mobile Wallet – Panel Session

WHO:
Arxan Technologies’ Winston Bond joins Lorenzo Gaston, technical director, Smart Payment Association (SPA), France for a discussion moderated by Angel Dobarziev, practice leader, Emerging Markets, Ovum, UK.

Bond has over 20 years of experience developing software on a wide variety of embedded, desktop and mobile platforms. Since 2008, he has been focused on helping businesses, from large banks to emerging digital media companies, protect apps against tampering and reverse engineering for unauthorized use, piracy and theft of intellectual property.

WHEN:
Wednesday, June 19, 2013, 12:30 PM

WHERE:
Mobile Wallet and Retail Innovation Summit. Thistle Marble Arch, London, UK.

For more information or to schedule a meeting with Winston at the summit, please email: info@arxan.com or call 831-247-5394.

ABOUT ARXAN TECHNOLOGIES
Arxan protects the App Economy from attacks in distributed or untrusted environments with the world’s strongest and most deployed application integrity protection products. Among today’s diverse computing platforms, mobile and tablet apps and packaged or embedded software are all exposed to hacking attacks such as reverse-engineering, tampering, insertion of malware/exploits, repackaging, fraud, intellectual property theft, and piracy. Arxan’s unique patented Guarding technology enables sensitive or high-value applications to proactively guard their own integrity by defending, detecting, alerting, and reacting to hacking attacks through a risk-based, customized protection. Arxan’s self-defending and tamper-proof applications are deployed on more than 200 million devices by leading Fortune 500 organizations in high-tech, ISV, financial services, digital media, gaming, healthcare, and other industries. Arxan Technologies is headquartered in the United States with global offices in EMEA and APAC. Visit us at www.arxan.com.
Follow us @Arxan or http://www.linkedin.com/company/arxan-technologies

Arxan: Protecting the App Economy™. Share your thoughts on application protection using hashtag #protectyourapps

Media Contact:

Jodi Wadhwa
Arxan Technologies
1-301-968-4295
jwadhwa@arxan.com

Nathan Beers
Schwartz MSL
1-512-777-0770
nathan.beers@schwartzmsl.com

Article source: http://www.sys-con.com/node/2703640

 Posted by at 11:29 am
Jun 192013
 

The US and Russia have agreed to cooperate more as they look to reduce the costly effects of the rise of cyber crime.

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Category IT Security
Article date 19 June 2013
US and Russia agree cooperation on cyber crimeThe US and Russia have agreed to cooperate more as they look to reduce the costly effects of the rise of cyber crime.

According to the White House, the two countries have engaged in extensive dialogue over the last two years an attempt to come to an agreement over the creation of a more expansive policy on policing hackers.

However, a breakthrough appears to have been struck by the duo over the conference tables at the Lough Erne Resort in Northern Ireland, where world leaders have met for the G8 leadership summit.

The two nations will now take a number of steps to increase transparency and reduce the possibility that cyber attacks by rogue citizens could be considered as an act of war.

This will include the creation of a new working group that will be created under the auspices of the Bilateral Presidential Commission, which is dedicated to assessing IT security threats and proposing measures to stop them.

It has been announced the start-up will begin discussions next month and will attempt to come up with new ideas to increase bilateral cooperation between the two countries.

In order to allow for the exchange of technical information on cyber security risks, Russia and the US will also create a joint threat indicator that will show each other who they believe are threats to national security.

This is especially important given the large cost of hacking attacks and intellectual property theft to businesses throughout the global market.

A statement from the White House said: “This kind of exchange helps expand the volume of technical cybersecurity information available to our countries, improving our ability to protect our critical networks.

“On a continuing basis, these two authorities will exchange technical information about malware or other malicious indicators, appearing to originate from each other’s territory, to aid in proactive mitigation of threats.”

Additional measures will include an authorised secure voice communications line between the US Cybersecurity Coordinator and the Russian Deputy Secretary of the Security Council, who may need to cooperate in order to tackle future crises. 

Posted by Jessie Richards

Breaking news from ihotdesk, IT Security Solutions in LondonADNFCR-8000229-ID-801600870-ADNFCR

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Article source: http://www.ihotdesk.co.uk/article/801600870/US-and-Russia-agree-cooperation-on-cyber-crime

 Posted by at 11:29 am
Jun 182013
 

Nashville, TN — (SBWIRE) — 06/18/2013 — DigiTrax Entertainment, creators of the Karaoke Cloud, will host its 2nd annual Karaoke Summit Thursday, June 20 in Nashville. Attending will be karaoke music label executives, music publishers, entertainment/intellectual properties attorneys and more. This summit will focus on solutions for the American karaoke industry in reference to licensing and piracy issues.

“We are honored to have legal representation from the NMPA, Piracy Recovery and Allen Jacobi Law. This is going to be one very informative summit,” stated Joe Vangieri CEO DigiTrax Entertainment.

Summit topics and speakers include:

The National Music Publishers Association (NMPA), Legal Fellow, Natalie Madaj on the topic of Reform Sync Licensing Now – How Labels and Publishers Can Make More Money and Reduce Overhead. Ms. Madaj will state the case for reform in karaoke and video sync licensing and how it would ultimately lead to more profit for publishers.

Sync Licensing In the Global Economy- Contrasting Rights in the US and Abroad, by Allen Jacobi, Allen Jacobi Law. Mr. Jacobi will illustrate how our competitive markets of the UK and EU have an advantage in compulsory licensing. UK and EU karaoke labels are flourishing while the American counterparts are laboring under difficult licensing practices. Allen Jacobi is a pioneering entertainment industry attorney who has successfully been able to combine music, motion picture and television into a single career.

Piracy Interdiction Efforts- Karaoke song theft in the karaoke bar industry. Roby Robinson Registered U.S. Patent Attorney, Luedeka Neely Group, P.C. representing Piracy Recovery. Mr. Robinson will update the Summit on current litigation for World-Wide Digital / Piracy Recovery in TN. He will also lay out Piracy Recovery’s National program.

“Honest working Karaoke Jockeys and karaoke recording labels are affected by piracy. Almost all of the major American karaoke brands like Sound Choice, Chartbuster and Priddis have been terminally effected by piracy,” stated David Harb President of Piracy Recovery. “Honest Karaoke Jockeys are making less money because of piracy, but that’s all about to change with our undercover national karaoke investigations.”

This year’s Karaoke Summit will be filled with a very thorough review of the industry’s problems, new and innovative approaches through technology and piracy litigation to help fix this crippled American industry.

About DigiTrax Entertainment
DigiTrax is a global company dedicated to bringing high-quality, interactive, music services to market. DigiTrax’s main offerings include Karaoke Cloud, a consumer subscription karaoke platform, and its professional version, Karaoke Cloud Pro, for karaoke show hosts.

Article source: http://www.sbwire.com/press-releases/karaoke/karaoke-summit/sbwire-267804.htm

 Posted by at 11:27 pm
Jun 182013
 

Boardrooms need to change their attitude if they are to protect themselves against cyber attacks, as security breaches within companies continue to rise and the cost to British business reaches billions of pounds, according to guidance published today by the Institute of Chartered Secretaries and Administrators (ICSA).

Commissioned by the UK Department for Business, Innovation and Skills (BIS), ICSA has produced a Guidance Note, with contributions from industry experts, to place cybercrime firmly at the top of the boardroom agenda. The report identifies four key challenges for board members:

• Understand cyber risks particular to the company
• Allocate a budget to cyber crime prevention
• Focus on building resilience to attacks that get through the system, rather than preventing all attacks
• Identify a director responsible for the oversight of the company’s cybercrime strategy

Seamus Gillen, Director of Policy at ICSA, said: ‘Cybercrime relates to economic crime committed using the internet and computers. It is not just another risk.  Nor is it simply an IT issue which can be resolved by investing in technology alone.  When, not if, this risk crystallises, it could destroy a company.  This is a mainstream board issue.’

Gillian Prestwich, Chair of ICSA Isle of Man Council said: ‘This is an issue equally relevant here in the Isle of Man and we recommend this Guidance Note to all of our Isle of Man colleagues.’

The Guidance Note points out that the internet provides an anonymous and profit-making play area for cyber criminals, including organised gangs engaging in fraud and theft of money, employees causing damage accidently or deliberately, competitors trying to gain an edge by accessing confidential data, organisations seeking to destabilise economic activity through sabotage and/or cyber espionage, and computer hackers or hacker activists promoting an agenda.

David Willetts, UK Government Minister for Universities and Science, said: ‘Businesses are at more risk of cyber attack than ever before, putting valuable assets like financial data and intellectual property at risk. However as the guidance shows, there are simple steps that can be taken to improve cyber security and protect their bottom line.’

Cyber criminals can carry out an attack remotely, in a single hit or over a period of time. ICSA emphasises that companies may not be aware of their vulnerability to cyber activity and often may not even be aware they have been attacked for some time.

Gillen said: ‘The impact of an attack can be disastrous financially and reputationally. Companies may not have sufficient in-house expertise to devise a cybercrime strategy and should, if necessary, seek external advice.’

To conclude, the Guidance Note emphasises that the assessment of an organisation’s risk profile should be carried out across the entire company, covering human resources, finance, IT, marketing and legal. The evaluation should also analyse the liabilities which third party providers and company suppliers bring. The Company Secretary plays a vital role in making sure the strategic importance of cybercrime is recognised through the frequency and adequacy of risk reports delivered to the board and audit committee.              

Photo – Seamus Gillen

Article source: http://www.isleofman.com/News/details/55961/icsa-urges-boardrooms-to-wake-up-to-cybercrime

 Posted by at 5:26 pm
Jun 182013
 

Arxan Discusses Mobile App Integrity Protection at Mobile Wallet and Retail Innovation Summit

Panel Session Breaks Down Mobile Wallet Security Vulnerabilities

LONDON–(Marketwired – Jun 18, 2013) – Arxan Technologies, the industry-leading provider of software security solutions that protect the App Economy, today announced they will speak on a panel titled “Breaking Down the Security of a Mobile Wallet” at the Mobile Wallet and Retail Innovation Summit. The summit will address the mCommerce ecosystem’s critical business, partnership, technology and security questions, as both operators and OTT players begin implementing different approaches to securing ROI through their m-payment proposition.

Cyber criminals are …

Article source: http://online.wsj.com/article/PR-CO-20130618-901670.html?mod=googlenews_wsj

 Posted by at 11:26 am
Jun 182013
 


WASHINGTON |
Tue Jun 18, 2013 4:07am BST

WASHINGTON (Reuters) – President Barack Obama said on Monday that Iran’s election of a moderate as its next president is a sign that Iranians want to move in a different direction, but he was uncertain whether it would lead to a breakthrough over Tehran’s nuclear ambitions.

In an interview with public television anchor Charlie Rose, Obama said the United States and its allies would be willing to hold talks with Iran over its nuclear program, as long as Tehran recognized that international sanctions would not be lifted unless Iran proved it is not building a nuclear weapon.

“As long as there’s an understanding about the basis of the conversation, then I think there’s no reason why we shouldn’t proceed,” Obama said.

The surprise victory by Iran’s Hassan Rohani in weekend elections to succeed Mahmoud Ahmadinejad as president was seen by the United States as positive, at least at first glance.

“I think it says that the Iranian people want to move in a different direction,” said Obama. “The Iranian people rebuffed the hardliners and the clerics in the election who were counselling no compromise on anything any time anywhere. Clearly you have a hunger within Iran to engage with the international community in a more positive way.”

Obama noted, however, that Ayatollah Ali Khamenei remains Iran’s supreme leader “so we’re going to have to continue to see how this develops and how this evolves over the next several weeks, months, years.”

“I do think that there’s a possibility that they decide – the Iranians decide – to take us up on our offer to engage in a more serious substantive way,” he said.

The interview was taped on Sunday and broadcast on Monday on the Public Broadcasting Service (PBS).

It touched on many of the international challenges Obama is facing, including the question of how to assist Syrian rebels militarily after Washington determined last week that the Syrian government of President Bashar al-Assad had used chemical weapons against the opposition.

Obama sounded sceptical about the idea of establishing a no-fly zone over Syria, which his administration has been considering. He said it is possible that a no-fly zone “may not be actually solving the problem.”

Whatever assistance the United States provides should be done carefully because “it is very easy to slip-slide your way into deeper and deeper commitments,” he said.

Obama, who had face-to-face talks with Chinese President Xi Jinping this month in California, said he believes the Chinese recognize the U.S. desire for China to play a positive role on the world stage, but Beijing has yet to fully take on that responsibility.

The president engaged in a blunt conversation with Xi about cyber hacking and what American officials believe has been the theft of U.S. trade secrets by China.

“I think what you’re seeing inside of (the) Chinese leadership is the desire to maybe continue not to be responsible, not to be a full stakeholder, work the international system on something like trade or intellectual property rights, get as much as they can, and be free-riders and let the United States worry about the big hassles and the big problems,” Obama said.

(Reporting By Steve Holland; editing by Christopher Wilson)

Article source: http://uk.reuters.com/article/2013/06/18/uk-usa-obama-iran-idUKBRE95H02A20130618

 Posted by at 5:26 am
Jun 172013
 

ACCORDING TO the government’s 2013 Information Security Breaches Survey, an unprecedented number of cyber attacks are experienced by UK businesses. A staggering 93% of large organisations (employing 250 or more), and 87% of small businesses (under 50 staff) have fallen victim to cyber crime over the past year. 

While the proportion of large organisations reporting security breaches remains consistent with 2012, 11% more small businesses appear to have suffered third-party hacking. The increasing number of businesses failing to protect their data is a concern, as is the spiralling number of breaches each will experience.

The survey advises 50% more breaches, on average, have occurred. For large businesses, the median figure is 113, for their smaller counterparts it’s 17; up from 71 and 11 a year ago. The associated costs are rising too – large companies can expect to pay between £450,000 – £850,000 for their security lapses; smaller companies face a £35,000 – £60,000 bill.

So what’s behind one of the biggest emerging threats to UK businesses? Whereas once it was attributed to criminals, hacktivists and competitors, the survey suggests in-house technology, processes and people are increasingly likely to inadvertently wreak havoc, particularly in small businesses.

Around a third of the worst security breaches of the year for all organisations were caused by human error, with a higher proportion of small businesses (57%) attributing security shortfalls to staff. Nearly one in five (17%) were aware staff broke data protection regulations.

Most respondents, 81%, confirm they’ll continue to prioritise security with promises of extra expenditure, however Survey commentators concede ‘many businesses can’t translate this expenditure into effective security defences’. It highlights how ‘ineffective leadership and communication about security risks often leaves staff unable to take the right actions’ and ‘weaknesses in risk assessment and skills shortages also often prevent effective targeting of security expenditure’.

The survey concludes ‘companies are struggling to keep up to date with security threats and so find it hard to take the right actions’. A fair assumption given technology within businesses constantly evolves (how can you hit a moving target?).

Social networking, smartphones, tablets, cloud computing and portable media bypassing defences are all identified as cyber attack tools so it’s vital firms understand where and how their breaches can occur, implement the necessary security systems and training to reduce the likelihood of an incident and if it does occur, have mechanisms in place for damage limitation and business recovery.

Only 30% of large organisations refer to the government’s ten step guidelines on how to protect a business from a cyber security threat and for small businesses, the survey says the implementation of basic practices is ‘patchy’.

Our own survey underlines this lack of understanding. Small business leaders were asked if they knew what cyber theft was? Only 39% identified it as the stealing of intellectual property or confidential data, the remainder had no idea. Any firm that relies on the internet or undertakes financial transactions electronically is exposed to cyber theft, yet only 6% of respondents felt their business was at risk.

It’s not surprising to find 78% of respondents had no insurance cover for this type of threat and the remainder weren’t sure. Despite insurers being crucial players in the battle against cyber attacks, few it appears are keen to use insurance for damage limitation and that all-important business recovery.

A typical cyber policy in general, will;
• Enable a firm to detect and restore damaged information/communication systems
• Reimburse lost profits following damaged systems or lost data
• Provide access to experts in crisis management, public relations, forensics and security
• Set up a temporary storage facility
• Meet investigation costs and any Government or regulatory-imposed fines
• Pay costs incurred in notifying data protection authorities and clients (in line with new European Data Laws) following a data loss
• Pay for credit monitoring and setting up of a call centre to deal with customer enquiries
• Manage and meet the costs involved with cyber extortion

In its recent ‘Cost of Cyber Crime‘ report, the government estimated cyber crime costs the UK economy around £27bn a year. Businesses paid around £21bn, the Government £2.2bn and citizens £3.1bn. Whatever the business size, we all have a responsibility to reduce the costs associated with cyber crime.

Annie Plaskett is a senior manager at small business insurance specialist, YOUR Insurance

Article source: http://www.financialdirector.co.uk/financial-director/feature/2275282/cyber-crime-is-it-on-your-radar

 Posted by at 11:25 am
Jun 152013
 

Posted on: 10 June 2013
Written by: Claire Middleton

FLAG, The Federation Against Software Theft (FAST) Legal Advisory Group, will be discussing many of the developments in the field of open source software with senior legal commentators on 12 June at law firm DLA Piper LLP. Consideration will also be given to the latest case law on the test for infringement of copying of software.

 

The widespread use of open source software has resulted in a number of knowledge gaps as the market matures which this meeting seeks to address. In particular, open source presents a unique set of challenges and opportunities, especially with the need to address the issue of open source compliance.

 

Topics to be discussed at the event include:

 

  • How to profit from intellectual property when using open source software

 

  • Software management and license compliance when using open source software

 

  • Guidance on infringement of software copyright following the SAS Institute versus World Programming case

 

Speakers include Mark Radcliffe, Partner at DLA Piper in California, Andy Knapp, EMEA Business Development Manager for Black Duck Software and John Wilks also Partner at DLA Piper in the United Kingdom.

 

Julian Heathcote Hobbins (pictured), General Counsel at FAST, said: “Our FLAG meetings are by reputation known as a focal point for members to receive the inside track and provide valuable insights into the fast-evolving landscape for legal discussion points on software. This event presents an excellent opportunity for interested parties to air their opinions and share expertise. Discussions will focus on the rapid growth of open source software, how to manage compliance and the opportunities.”

 

FLAG, established shortly after FAST in 1984 where lawyers were pivotal, consists of representatives from many of the UK’s leading international legal firms with Intellectual Property practices. FLAG meets several times a year to receive presentations on pertinent topics and to review legal developments in the software industry.

 

Alex Hilton, FAST’s Chief Executive, added: “Open source software has well and truly established itself in the technology supply chain, but the technology presents a challenge where compliance is concerned. This FLAG event will serve as an open forum in which the issues relating to the use of open source can be debated and discussed.”

 

Speakers include:

 

Mark Radcliffe, Partner at Global law firm DLA Piper in California, will be joining the meeting via video link from the US to discuss the IP Monetization and strategic use of Open Source Software

 

Andy Knapp, EMEA Business Development Manager for Black Duck Software, will offer attendees an introduction to Open Source Software management license compliance

 

John Wilks, Partner at DLA Piper in the United Kingdom, will present on the test for infringement of copyright in software following SAS Institute v World Programming case

 

For more information, and to register, please visit: http://www.fastiis.org/resources/events/ or email events@fastiis.org

 

Join FAST and its guest speakers,

 

16:00 for 16:30 start. Close 18:00.

DLA Piper LLP

3 Noble Street

London, ECVM 7EE

Article source: http://www.lawyer-monthly.com/news/FLAG-to-discuss-the-Open-Source-landscape

 Posted by at 11:16 pm
Jun 152013
 

Cyber-attacks are eroding world economic growth, and the G-20 needs to set aside emotion-charged discussions to focus on the damage, a former White House official said.

“We have made cybersecurity one topic when it is many, and countries can’t see eye-to-eye on what is most important and what needs to be done first,” said Melissa Hathaway, who left President Barack Obama’s administration in 2009 and now heads a private consulting firm.

“We need to start to talk about this as gross domestic product loss, and the instability of the financial institutions we are all dependent on as a global economy,” she said.

Hathaway, who advised both Obama and President George W. Bush, estimated in a May report that the Group of Twenty economies have lost 2.5 million jobs to counterfeiting and piracy while governments and consumers lose $125 billion annually to cyber-attacks, including losses in tax revenue.

While governments aren’t going to give up espionage, steps can be taken to stop the disruption of services at financial institutions and the theft of intellectual property, she said.

“If you couch the conversation on the economy and not in espionage and warfare, we can all agree. The economy is common and safe ground,” she said in an interview in Tel Aviv.

Hathaway said that the G-20 projects that information and communications technology, along with increasing broadband communications, will lead to a minimum 4 percent increase in gross domestic product in developed economies, with developing countries seeing a boost of as much as 10 percent.

Full Losses

The numbers are misleading because countries aren’t measuring full losses from cyber-attacks, she said. In the May article, Hathaway said the U.K. has estimated losing 27 billion sterling ($42.4 billion) a year to online criminals. In the Netherlands, cybercrime costs at least 10 billion euros ($13.3 billion) annually, she said, citing TNO, a Dutch research organization.

U.K. officials have said the country is losing a minimum of 3 percent of its GDP to security issues, and the Netherlands is net-neutral, Hathaway said in the interview.

“Until this is on the agenda of the G-20, we aren’t going to make progress,” said Hathaway, who was in Tel Aviv to speak at a conference sponsored by Tel Aviv University’s Yuval Ne’eman Workshop for Science, Technology and Security. “It is the most effective in talking about economic stability and overall growth, health and wellbeing of the world.”

South Korea

In March, criminals launched a computer virus that penetrated financial institutions in South Korea. The malware code was distributed through targeted organizations’ servers, destroying their computers’ ability to boot.

In December 2012, Saudi Arabia blamed unidentified people based outside the kingdom for a cyber-attack on state-owned Saudi Arabian Oil Co. that was aimed at disrupting production from the world’s largest exporter of crude.

U.S. officials have accused the Chinese government of being behind a campaign to steal trade secrets and potentially disable computers that operate banks, power grids and telecommunication systems. China has rejected the charges.

“There are more and more cyber sabotage attacks, and we need to have our muscles ready to fight off the next attacks,” said Eugene Kaspersky, chief executive officer of Kaspersky Lab, a Moscow-based company that monitors cyber-attacks and develops defense against them. He said he advocates a military-free cyberspace.

Symantec’s Report

Symantec Corp (SYMC)., the largest maker of security software, reported in April a 42 percent surge in targeted attacks in 2012 compared to the year earlier. Ilias Chantzos, the firm’s senior director for Europe, the Middle East and Africa and the Asia-Pacific and Japan region, said European governments are growing increasingly aware of the risks.

“There has been an attempt to push the legislation forward that requires the disclosure of breaches and states to cooperate,” said Chantzos, who’s based in Brussels. “The move itself is a very clear political signal of the recognition of the need to go down this path.”

The G-20 is scheduled to meet next in September in St. Petersburg, Russia.

To contact the reporter on this story: Gwen Ackerman in Jerusalem at gackerman@bloomberg.net

To contact the editor responsible for this story: John Walcott at jwalcott9@bloomberg.net

Article source: http://www.businessweek.com/news/2013-06-13/g-20-urged-to-treat-cyber-attacks-as-threat-to-global-economy

 Posted by at 5:15 pm
Jun 142013
 

At last week’s ORGCon I moderated a panel on orphan works. Specifically, about the recent so-called “Instagram Act”, more correctly the Enterprise and Regulatory Reform Act. The panel provided some clarification of this rather contentious bit of new law, courtesy of participants Nick Munn from the UK’s Intellectual Property Office (PDF); Emily Goodhand, who is both the copyright and compliance officer at the University of Reading and the vice-chair of the Libraries and Archives Copyright Alliance; the independent barrister and Open Rights Group advisory council member Francis Davey; and photographer and security consultant Daniel Cuthbert.

Orphan work may mean anything from an unpublished 16th century poem, which under UK law is under perpetual copyright until or unless someone with the legal right to do so authorizes publication, to a photograph taken yesterday, stripped of its identifying metadata, and posted anonymously on Tumblr without a license explicitly permitting reuse. Legally speaking, reusing these orphan works is off-limits. Not that this ever stopped anyone from posting now, worrying later.

The big difficulty is this: there are billions of orphan works, and millions more are being created every day. Dropping the registration and renewal requirements, as the US did in 1976, ended the documentation of copyright owners. Also a factor, Facebook and some other social networks deliberately strip photographs of their metadata. Photographers are angry about this, but there are legitimate security reasons to remove the geotagging that might lead the creepy adult to the door of the cute, little blonde child.

Some percentage of those orphans are works whose creators are known but whose owners are still a mystery because the publishers that demanded all-rights contracts have gone bust, merged, had their assets bought and resold, or generally vanished.

There are all sorts of reasons why this situation needs to change. For one thing, libraries and archives can’t publish or copy, even for preservation, the centuries-old unpublished works they hold. Hordes of photographs can’t legally be copied but that, posted online to a Galaxy Zoo-style site, could be identified if enough people looked at them. Finally, an orphan work that no one can access is no good to anyone.

The big fly in this particular slab of frozen amber is photography. Text can be easily searched. Film and music can be compared to other recordings by the same individuals or of the same material. But how easy is it to indisputably distinguish my photograph of the pagoda in Kew Gardens from all the others taken under similar weather and lighting conditions? Professional photographers complain that even commercial news organizations that know better use found images and offer minimal payment only if challenged. Recent years have seen real problems with abusive licensing demands from the big electronic picture agencies, but this is different: it’s simple theft. (A big help here should be the October 2012 addition of a small claims court copyright track; the limit is being raised to £10,000.)

To avoid legalizing this kind of theft, the plan, derived from laws in other countries such as Canada and Hungary, is to require a “diligent search” for the owner before an authority grants a license to use the work. To deter people from cheating, there’s also some thought of requiring licensing fees up front. The exact definition of “diligent search”, how a “market rate” for licenses might be calculated, and who gets to hold the money and use the unclaimed portion are the really contentious elements.

A couple of audience members raised two additional issues. First, whether those pursuing licenses to use orphan works will be allowed to pay to accelerate the process, as is apparently the case in Japan. Second, whether computer programs (and games) will be included. The latter is something the IPO hadn’t considered – and it’s important, not just because people are nostalgic forthe favorite computer games of their childhood, but because both businesses and individuals may have years’ worth of work locked up in software that goes out of development.

Museums and archives have pointed out that paying up front for the millions of works in their collections is prohibitively expensive, no matter how small you make the fee, which is mostly going to come out of taxpayers’ money. Even at a fixed fee per year, it makes no sense to rob museums to pay collection societies. This problem seems easily fixed by exempting these institutions, perhaps by allowing them to digitize now, pay later. Commercial organizations, which should pay market rate, have a different problem: “market rate” is infinitely flexible and varies considerably over time. A photograph of a ten-year-old staring intently at a drain is worth nothing except to its family – until that kid grows up to be a Nobel Prize-winning physicist.

Of some concern, as Glyn Moody noted, is that the group charged with proposing answers to these questions is almost entirely composed of copyright organizations and entirely lacks representatives of the general public, who are also creators and therefore stakeholders. At the panel, Munn said that it’s just a starting point after which there will be a public consultation on the proposed rules. Keep watching.

Stories about the border wars between cyberspace and real life are posted irregularly during the week at the net.wars Pinboard – or follow on Twitter.

Article source: http://www.newswireless.net/index.cfm/article/10202

 Posted by at 11:15 pm