Reply to George S. Ford's 'A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review'

10 Pages Posted: 5 May 2019

Date Written: March 7, 2019

Abstract

Ford's "Comments" are devoid of serious scientific arguments and are biased by a partisan approach to the issues at stake. Ford was unable to publish with LAWS the original draft of his "Comments" for over two years due to language that manifestly violates Swiss unfair competition and copyright legislation. This behaviour is not compliant with elementary rules of decency that should govern any intellectually honest scientific discourse and dialogue.

An article Benjamin Gibert and I elaborated and drafted together nearly a decade ago came last week under attack by George S. Ford from an industry-funded organization named the Phoenix Centre for Advanced Legal and Economic Public Policy Studies.

Our article "A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore", which Ford comments in denigrating terms, has been peer reviewed by LAWS. It can be construed as support of the hypothesis that a more flexible fair use policy is correlated with faster growth rates in private copying technology industries and fewer negative consequences than copyright holders may wish. In other words, the findings of our article displease those supporting and funding Ford, the Phoenix Centre managed by Ford and his financial backers.

An earlier version of Ford's "Comment" is still available on the Phoenix Center's website. Ford heavily marketed these "Comments" through a press agency in an effort to influence public opinion. This earlier version uses unacceptable insults as well as defamatory and slanderous expressions. The expressions contained in this earlier violate applicable law, damage our reputation, and are entirely unsupported and false from a scientific perspective. The insulting language used in these "Comments" provide the impression that Ford was paid for his derogatory campaign against our work and persons.

We observe that Ford's disrespectful campaign over the internet was well received by the copyright holders' Associations, such as the International Federation of Reproduction Rights Organizations (IFFRO) which, as a pressure group and trade organization, represents the interests of collective management organizations, authors & publishers or the Motion Picture Association (MPA), which undertakes policy advocacy for the film and television industry.

Keywords: Public Policy Advocacy, Copyright, Piracy, Fair Use, International Federation of Reproduction Rights Organizations, Motion Picture Association, New Zealand Association of Authors, Recorded Music NZ- RMNZ, Unfair Competition

JEL Classification: K21

Suggested Citation

Ghafele, Roya, Reply to George S. Ford's 'A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review' (March 7, 2019). Available at SSRN: https://ssrn.com/abstract=3348476 or http://dx.doi.org/10.2139/ssrn.3348476

Roya Ghafele (Contact Author)

University of Oxford

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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