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Telecom 2001 — a strategic forecast
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include competing, as well as complementary, products. Although clause 2 (c) of the same Article seeks to prohibit such decompilation for the purposes of developing a program which is "substantially similar" in its expression, it continues with a confusing reference to "any other act which infringes copyright". Similarly there are conflicting provisions in Articles 5 (bis) and 8.1 on the standing of the existing contractual arrangements between the parties. If the Draft were to be adopted in
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this form there would continue to be great uncertainty until a case were decided in the European Court. It was suggested that the UK CDPA 1988 would also require amendment as Article 5 (bis) would go further than the provision for Fair Dealing in Section 29. It was also noted that the draft EC Directive had not addressed the issues arising from computer-generated software, because of the continental tradition of droit d'auteur. Alastair Kelman concluded the proceedings by rehearsing the typical tactical approaches followed by the
litigator of various types of software copyright disputes in the UK. Although some individual contributions were very worthwhile, the Conference programme as a whole lacked cohesion and was somewhat off the target set by its own title and subtitle. In particular, many of the recent and current cases listed in the Conference brochure, including Lotus v Borland, Lotus v Santa Cruz Operation, Apple v Mackintosh and Xerox v A p p l e were not cove red. M J L Turner
BOOK REVIEWS TELECOMMUNICATIONS and regulatory trends have strengthened the commercial position of Public Telecommunication Operators (PTOs), whether private or government-owned. To enable regulators, managers and users to judge PTO performance, this report describes existing performance indicators and proposes methodological principles for a set of indicators that could allow consistent international comparison of PTOs.The report notes that the evaluation of PTO performance is far from straight forward. One of the main objectives of the report, therefore, is to highlight the pitfalls which might be encountered in making over-simplistic comparisons, or in taking a single variable, such as costs, in isolation from other factors, such as quality or social objectives. Given the problems of evaluating what is still in most OECD countries a quasimonology, and the further problem that public service obligations of PTOs make it difficult to evaluate performance in purely commercial terms, it is not advisable to base performance evaluation of PTOson comparisons with national competitors or with firms in other sectors of the economy. Two principle alternatives remain: international comparisons between PTOsor comparisons of PTO performance over time. Both of these alternatives are considered in this report. Available from HMSO, PO Box 276, London, SW8 5DT.
Communications Outlook 1990 (OECD) 54 pp, FF 150, ISBN 926403336X. Communications Outlook provides the first comprehensive review of ongoing developments in telecommunications in OECD member countries. Designed to allow international comparisons, it monitors trends in technology and industrial structure, identifying data that are relevant to policy decisions. Among topics covered are the performance of public telecommunications operators, trade in services and equipment, communications convergence, type approval requirement, and the telecommunications equipment market. In evaluating current policies and defining goals for the 1990s, three main topics emerge: - Innovation in regulatory frameworks in terms of the licencing of new service providers, equipment liberalisation, privatisation of PTOs, and the regulation of tariffs, service quality and universal service obligations. -Convergence between communications technologies, specifically the policy implications of the growing overlap between service providers in the telecommunications and broadcasting fields, and the emergence of personal, mobile communications in competition with conventional telephone services. - Internationalisation of service markets, including discussion of the current status of the GAIT Uruguay Round of negotiations on trade-in services with reference to telecommunications, market opening moves in Eastern Europe, and the need to re-examine the process of setting international telephone charges. The 1990 Communications Outlook represents the background documentation, prepared for a high levi Telecoms policy meeting between the OECD and representatives from private industry, trade unions, public telecommunications operators and user groups, that met at OECD Headquarters in Paris at the end of November. Communications Outlook 1990 is available from OECD Publications Distributors in the UK. Contact, HMSO, PO Box 276, London, SW8 5171".
Telecom 2001 - a Strategic Forecast, by T L McPhail and B M McPhail, 1989 (produced in co-operation with the Graduate Program in Communication Studies - the University of Calgary, Alberta) 273 pp., ISBN 0889531226. This report is the product of a major public policy research project, undertaken since 1985 after the original publication of a study into Canada's future telecommunication strategy. That report in 1985 has since been overtaken by such developments as the free trade agreement with the United States, the rapid development of cellular telephones, the deregulatory emphasis in several regulated industries, and finally Canada's continued evolution as a 'major contender in the global telecommunication market'. Sections examine the modern telecommunications environment, the new regulatory structures, telecommunications in the United States, Teiecom's policy for a global economy, and other international trends, particularly that of the European Community The study concludes that, because the telecom industry will play an increasingly vital role in its prosperity, Canada must be prepared to face a number of domestic and international challenges to its current technological, economic, political, and regulatory frameworks. For further information, contact the University of Calgary, Alberta, T2N 1N4.
Performance Indicators for Public Telecommunications Operators, ICCP Series No 22 (OECD 1990) 182 pp, E22, ISBN 9264134034. The provision of public telecommunications services in OECD countries has been transformed in the 1980s to a high growth, profitable and competitive business. With the sector, technical
40
¸ill¸~!iii
include competing, as well as complementary, products. Although clause 2 (c) of the same Article seeks to prohibit such decompilation for the purposes of developing a program which is "substantially similar" in its expression, it continues with a confusing reference to "any other act which infringes copyright". Similarly there are conflicting provisions in Articles 5 (bis) and 8.1 on the standing of the existing contractual arrangements between the parties. If the Draft were to be adopted in
, ~ ~ ~ i ~ i ~ i ~ i!! ii~ i ~ w ~ I ~
~!~t!~i~I~t[ ~ .... ~
~
this form there would continue to be great uncertainty until a case were decided in the European Court. It was suggested that the UK CDPA 1988 would also require amendment as Article 5 (bis) would go further than the provision for Fair Dealing in Section 29. It was also noted that the draft EC Directive had not addressed the issues arising from computer-generated software, because of the continental tradition of droit d'auteur. Alastair Kelman concluded the proceedings by rehearsing the typical tactical approaches followed by the
litigator of various types of software copyright disputes in the UK. Although some individual contributions were very worthwhile, the Conference programme as a whole lacked cohesion and was somewhat off the target set by its own title and subtitle. In particular, many of the recent and current cases listed in the Conference brochure, including Lotus v Borland, Lotus v Santa Cruz Operation, Apple v Mackintosh and Xerox v A p p l e were not cove red. M J L Turner
BOOK REVIEWS TELECOMMUNICATIONS and regulatory trends have strengthened the commercial position of Public Telecommunication Operators (PTOs), whether private or government-owned. To enable regulators, managers and users to judge PTO performance, this report describes existing performance indicators and proposes methodological principles for a set of indicators that could allow consistent international comparison of PTOs.The report notes that the evaluation of PTO performance is far from straight forward. One of the main objectives of the report, therefore, is to highlight the pitfalls which might be encountered in making over-simplistic comparisons, or in taking a single variable, such as costs, in isolation from other factors, such as quality or social objectives. Given the problems of evaluating what is still in most OECD countries a quasimonology, and the further problem that public service obligations of PTOs make it difficult to evaluate performance in purely commercial terms, it is not advisable to base performance evaluation of PTOson comparisons with national competitors or with firms in other sectors of the economy. Two principle alternatives remain: international comparisons between PTOsor comparisons of PTO performance over time. Both of these alternatives are considered in this report. Available from HMSO, PO Box 276, London, SW8 5DT.
Communications Outlook 1990 (OECD) 54 pp, FF 150, ISBN 926403336X. Communications Outlook provides the first comprehensive review of ongoing developments in telecommunications in OECD member countries. Designed to allow international comparisons, it monitors trends in technology and industrial structure, identifying data that are relevant to policy decisions. Among topics covered are the performance of public telecommunications operators, trade in services and equipment, communications convergence, type approval requirement, and the telecommunications equipment market. In evaluating current policies and defining goals for the 1990s, three main topics emerge: - Innovation in regulatory frameworks in terms of the licencing of new service providers, equipment liberalisation, privatisation of PTOs, and the regulation of tariffs, service quality and universal service obligations. -Convergence between communications technologies, specifically the policy implications of the growing overlap between service providers in the telecommunications and broadcasting fields, and the emergence of personal, mobile communications in competition with conventional telephone services. - Internationalisation of service markets, including discussion of the current status of the GAIT Uruguay Round of negotiations on trade-in services with reference to telecommunications, market opening moves in Eastern Europe, and the need to re-examine the process of setting international telephone charges. The 1990 Communications Outlook represents the background documentation, prepared for a high levi Telecoms policy meeting between the OECD and representatives from private industry, trade unions, public telecommunications operators and user groups, that met at OECD Headquarters in Paris at the end of November. Communications Outlook 1990 is available from OECD Publications Distributors in the UK. Contact, HMSO, PO Box 276, London, SW8 5171".
Telecom 2001 - a Strategic Forecast, by T L McPhail and B M McPhail, 1989 (produced in co-operation with the Graduate Program in Communication Studies - the University of Calgary, Alberta) 273 pp., ISBN 0889531226. This report is the product of a major public policy research project, undertaken since 1985 after the original publication of a study into Canada's future telecommunication strategy. That report in 1985 has since been overtaken by such developments as the free trade agreement with the United States, the rapid development of cellular telephones, the deregulatory emphasis in several regulated industries, and finally Canada's continued evolution as a 'major contender in the global telecommunication market'. Sections examine the modern telecommunications environment, the new regulatory structures, telecommunications in the United States, Teiecom's policy for a global economy, and other international trends, particularly that of the European Community The study concludes that, because the telecom industry will play an increasingly vital role in its prosperity, Canada must be prepared to face a number of domestic and international challenges to its current technological, economic, political, and regulatory frameworks. For further information, contact the University of Calgary, Alberta, T2N 1N4.
Performance Indicators for Public Telecommunications Operators, ICCP Series No 22 (OECD 1990) 182 pp, E22, ISBN 9264134034. The provision of public telecommunications services in OECD countries has been transformed in the 1980s to a high growth, profitable and competitive business. With the sector, technical
40