These are my 2 comments on TACD-IP.

org to an article as posted by David Hammerstein (Twitter @dahammerstein) entitled:

The Treaty of Marrakesh explained and how to end book famine

Once again, the link to the article and my comments is not Twitter-friendly for #WIPO 1. Posted by john e miller on 23.07.13 at 8:27 am I will just post this one comment from Levin L. Smith of Duke University, Director of Scholarly Communications and the Universitys go-to man on copyright issues, as pertains to The Three-Step Test as above: But the broad language of the three-step test makes it a blunt instrument with which nearly any copyright exception can be attacked. It is so easy to claim that any user right conflicts with normal exploitationwe could have sold that user a license and prejudices the rights holders interests, that the three-step test is a virtual mantra in infringement complaints and lawsuits. I am sure it was included in this treaty, especially in multiple agreed statements that purport to explicate the text, in order to pacify objections. But I suspectmy suspicious nature is never far from the surfacethat the rights holders who fought the treaty see it as the Trojan Horse by which they can fight implementation country by country. http://lj.libraryjournal.com/2013/07/opinion/peer-to-peer-review/we-have-a-treaty-now-whatpeer-to-peer-review/

2. Posted by john e miller on 23.07.13 at 8:27 am Apologies to Kevin L. Smith not Levin. From the above regarding the use of the word broad: Article 2(b). Defines the term accessible format copy This is a broad definition which does not limit the format or the technique you use to make a book accessible There is no specific process or approval mechanism to qualify as an Authorised Entity. Meeting the (broad) criteria in Article 2c is sufficient. Article 3. Defines Beneficiary Persons. Its a broad definition that includes just about any disability that interferes with the effective reading of printed material. In the WIPO Document SCCR9/7 Professor Ricketson notes on page 21 in discussing the Certain Special Cases provision in the 3-step test in quoting a WTO Panel Report: (In addition), an exception or limitation must be limited in its field of application or exceptional in its scope. In other words, an exception or limitation should be narrow in quantitative as well as in a qualitative sense. This suggests a narrow scope as well as an exceptional or distinctive objective.