Iýÿve written at length on the premise of Copyright/Patents and support the right to compensation for an originator of an idea or product. Unfortunately, the current push by the World Trade Organisation (WTO) for world-wide Copyright/Patent laws pushes colonialism to new dimensions. Corporate Colonialism the new means of owning foreign lands without putting and army on it.
The general premise of Copyright, and Patent legislation (Intellectual Property Rights - IPR) is that the individual or corporate has a moral and legal right to compensation for the use of ideas brought to reality by their work. The idea, of course, has to be unique and original (not unique and someone elseýÿs idea.)

Unfortunately, the local discussions, and the main discussion emphasised by WTO advocates is this one idea of ýÿuniversal right to compensation.ýÿ Now, how can anyone argue against that. On the airwaves here in Tonga, there has been a lot said in favour of this legislation, but there are very negative sides to Intellectual Property Rights not brought forward.

The concept of Intellectual Property Rights (IPR) is a very western cultural product and thus seriously flawed by a flawed Western philosophy that contradicts cultural norms of other nations.

IPR dictates the following about your moral and social values:
* social value/ownership of an idea is subordinate to economic value/ownership
* community needs are subordinate to individual economic ýÿrightsýÿ
* individual and market are best empowered to determine correct compensation.
* economic might determines right

IPR also requires a co-ordinated legislative and law enforcement regime, all of which costs a lot of money.

* Costs are very high to lodge Patent filings, how are small island states going to protect their indigenous produce if they canýÿt afford to ýÿfileýÿ a briefing on it?
* Has the government assessed the costs to ensure Tongaýÿs rights can be protected ?
o Where are the legal experts
o Where the database experts
o Where are the technology experts
o Do we get a loan from rich WTO countries to help us implement the WTO requirements, and yet have to pay rich WTO countries for the service?

Economic might determines right.

An outgrowth of the Western ýÿpatent/copyrightýÿ regime is what is known as ýÿmoney talksýÿ or ýÿto the victor the spoils.ýÿ Who ever has the largest bank account to fund the lawyers has a very good chance on beating out everybody else, whether they were 1st in or not. Just ask the large companies fighting the even larger Microsoft.

Hurting into the Church

In ICT, the WTOýÿs Copyright/Patent Regulations will hurt all computer users.

Well, to begin with government is most likely to be the worst hit by copyright infringements of all those pirated programs running the government. How many illegal copies of Microsoft Office, Adobe PageMaker, is in use in Tonga today? And to think some of those were even brought in by the consultants.

How many businessýÿ in Tonga can really afford the software prices charged by American companies when the average wage is less than TOP$50.00 a week. Admittedly a wage structure probably a lot better off than other countries under pressure from the WTO.

If government, non-profits, and private industry have to pay for legal products, service costs are going to increase which will mean either a sacrifice on profits or a sacrfice on service.

In entertainment this legislation will hurt everyone. Only local content creation at all the broadcasters are even remotely licensed for broadcast. Take out all the foreign music played without broadcast rights on radio, take out all the foreign films played without rights on television and we have five hours of radio and two hours of television. We donýÿt get Fox News or CNN anymore because we werenýÿt legitimately viewing them anyway, how soon will BBC and ABC go?

We do get to keep TBN though, so its not a great loss for the mission of the church.

All those videos we hire will have to go legitimate, and either they will go out of business or they will go up in price. The boys wont have the money to hire the films and will either have to find the money by some means or find other less expensive things to occupy their time, like hanging out on the streets instead of infront of the television.

Will we be allowed to sing our hymns ? Many of the arrangements of those hymns are ýÿcopyrightedýÿ and we donýÿt even know if we are allowed to use them. The Anthems sung by the choir may not be allowed anymore, especially the newer anthems translated from popular music.

Is all hope lost ?

I think Tonga ýÿboldlyýÿ joining the WTO is short-sighted and stupid. The WTOýÿs interests are obviously directed at its major members, if theyýÿve shown little interest in us before, what value is there in Tonga joining the WTO?

All hope is not lost, for there are many non-conformists out there struggling for equality, where self-determination is by political and ethnic definition, not economic. Most visable in these struggles has been the efforts in ICT.

The Free Software Foundation started a movement which has come to be known as the Open Source movement. This diaspora of computer people are trying to provide free software to anyone and everyone around the world.

Likewise, there are a number of organisations out there confronting large governments on the evils in the current format of their World Trade mechanisms. They push for greater control, accountability on international corporations, regulating minimal working conditions for all workers world-wide, not just those countries with rich unions. They push for transparency in government relationships with corporations and greater accountability of government officials.
But all these things come to naught if you choose not to be involved. Changing large organisations, governments begins one step at a time, be part of defending your rights to determine what is right for Tonga.

As the saying goes, do something or something will be done to you.