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Aussies Brace for DMCA 121

Rusty writes "Aussies are counting down to the introduction of the US-FTA-required DMCA legislation, and trying to pressure the government to listen to consumers and innovators, not just industrial copyright holders. Linux Australia has kicked off the campaign with iownmydvds.org and iownmymusic.org."
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Aussies Brace for DMCA

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  • by plasmacutter ( 901737 ) on Thursday July 06, 2006 @07:03AM (#15665902)
    Call me a cynic, but i've seen unequivocal evidence from the EU member nations that these elitists don't give a damn about what their own peoples have to say.

    *shameless plug* check my sig for details. */shameless plug*
  • by Submarine ( 12319 ) on Thursday July 06, 2006 @07:21AM (#15665948) Homepage
    After the DMCA in the USA...
    After the 2001 EUCD (http://en.wikipedia.org/wiki/EU_Copyright_Directi ve) in the EU...
    After the 2006 DADVSI (http://en.wikipedia.org/wiki/DADVSI) in France...
  • by Alsee ( 515537 ) on Thursday July 06, 2006 @07:27AM (#15665961) Homepage
    What "US-FTA-required DMCA legislation"?

    THIS Australia-United States Free Trade Agreement [dfat.gov.au] Article 17.4 section 7 details virtually the exact text of the US DMCA anti-circumvention law and section 8 details virtually the exact text of the US DMCA rights management information law, and reqires the Australian government to pass virtually that exact DMCA text into AU law.

    7. (a) In order to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorised acts in respect of their works, performances, and phonograms, each Party shall provide that any person who:

    (i) knowingly, or having reasonable grounds to know, circumvents without authority any effective technological measure that controls access to a protected work, performance, or phonogram, or other subject matter; or

    (ii) manufactures, imports, distributes, offers to the public, provides, or otherwise traffics in devices, products, or components, or offers to the public, or provides services that:

    (A) are promoted, advertised, or marketed for the purpose of circumvention of any effective technological measure;

    (B) have only a limited commercially significant purpose or use other than to circumvent any effective technological measure; or

    (C) are primarily designed, produced, or performed for the purpose of enabling or facilitating the circumvention of any effective technological measure,

    shall be liable and subject to the remedies specified in Article 17.11.13. Each Party shall provide for criminal procedures and penalties to be applied where any person is found to have engaged wilfully and for the purposes of commercial advantage or financial gain in any of the above activities. Each Party may provide that such criminal procedures and penalties do not apply to a non-profit library, archive, educational institution, or public non-commercial broadcasting entity.

    (b) Effective technological measure means any technology, device, or component that, in the normal course of its operation, controls access to a protected work, performance, phonogram, or other protected subject matter, or protects any copyright.

    (c) In implementing sub-paragraph (a), neither Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as the product does not otherwise violate any measures implementing sub-paragraph (a).

    (d) Each Party shall provide that a violation of a measure implementing this paragraph is a separate civil or criminal offence and independent of any infringement that might occur under the Party's copyright law.

    (e) Each Party shall confine exceptions to any measures implementing sub-paragraph (a) to the following activities, which shall be applied to relevant measures in accordance with sub-paragraph (f):

    (i) non-infringing reverse engineering activities with regard to a lawfully obtained copy of a computer program, carried out in good faith with respect to particular elements of that computer program that have not been readily available to the person engaged in those activities, for the sole purpose of achieving interoperability of an independently created computer program with other programs;

    (ii) non-infringing good faith activities, carried out by an appropriately qualified researcher who has lawfully obtained a copy, unfixed performance, or display of a work, performance, or phonogram and who has made a good faith effort to obtain authorisation for such activities, to the extent necessary for the sole purpose of identifying and analysing flaws and vulnerabilities of technologies for scrambling and descrambling of information;
  • Re:FTA Is A Joke (Score:5, Informative)

    by G-funk ( 22712 ) <josh@gfunk007.com> on Thursday July 06, 2006 @07:33AM (#15665971) Homepage Journal
    The FTA had nothing to do with import and export levels, that was peripheral. It was about selling us BS "intellectual property" in return for limiting the US farming subsidies so our economy that's still based so heavily in primary induustry doesn't fall over.
  • by Bogtha ( 906264 ) on Thursday July 06, 2006 @08:18AM (#15666114)

    Australia is not an EU member nation. It's not even in Europe, it's on a completely different continent on the other side of the world. Perhaps you are thinking of Austria?

  • by dbIII ( 701233 ) on Thursday July 06, 2006 @09:08AM (#15666353)
    The only reason America made this trade agreement was to please the pharmaceutical companies.
    Not quite - it was also supposed to be our bribe for helping out in Iraq - that's right, we did it for the money. It probably serves us right when the trade deal screwed Australia over horribly with downright insulting clauses like not being able to negotiate about trading more beef until 2020, and you can complelely forget about steel, sugar, wheat and everything else the trade minister was interested in. Facing an upcoming election and hit with a "buy now or never get a chance" attitude the trade minister had to agree to anything at all that was offered - hence Australia was screwed over. I'm not sure how many of the weird USA IP laws will actually be enforced - the USA is becoming far less relevant to Australian trade since it is difficult to sell things to the US from here and it makes sense to buy the goods the US would sell from China instead of paying for shipping twice. We'd probably break a few rules - after all we were in it for the money which never arrived, and a government body (eventually privatised) was paying Saddam bribes right up to the time our troops were sitting on the border waiting for the orders to roll in.

    Austalian politics would look weird in the USA - the federal government is made up of coalition of a populist right wing party that calls themselves the "Liberal" party combined with an agrarian socialist party who are far to the left on rural issues and far to the right on city issues. They do not have control of any state - so there has been a power struggle between state and federal government for years and their opponents are funded to a great extent by the trade unions and the Federal government is at this point trying to make the unions irrelevant to starve the opposition with some success. Generally Austalia does actually take a more liberal view than the USA on a lot of issues - due to most of the services and all of the domestic law enforcement being a duty of the states and due to many of the ruling federal party deciding that conservatism means doing nothing. Where the federal government has full responisbility, like immigration, the different ideology shows - with residency visas granted after donations to the party at one end and rapid mistaken deportation of our own citizens to countries at the other, and the officials responsible getting a bonus for each deportation (why check the paperwork when you can personally make more money rushing things through and there is no personal accountability?). There are some things a government should not be allowing the profit motive to interfere with for the good of the state - the for profit immigration detention centres were both a disgrace and a huge drain on the nations revenues. The USA may joke about pound me in the ass prisons, but in Australia male prisioners were raping female prisioners held in the same facility with no way to lock their doors and stop the same thing happening over and over.

  • by Pofy ( 471469 ) on Thursday July 06, 2006 @12:05PM (#15667568)
    >so they protect "rights" controls?

    Yes, circumvention of protection of actions that the copyright holder has exclusive rights on. Or if you want to look at it in some other way. Protection of something that would otherwise have been an infringement and nothing else.

    >that's even worse.

    Even worse than what? The US has the exact same PLUS the added protection for "access".

    >us courts have determined that there is no real difference between enforcing a rights
    >control and enforcing an access control.

    Because in the US the DMCA covers both the "rights" control and the "access" control. My point was that this is NOT true for Europe were the access is not there in the directive.

    >In order to disable rights controls you must gain access, and in order to disable access
    >controls you must control your rights.. you cant have one without the other with DRM.

    The only "rights" (at least as far as the EU directive goes and actually for the US DMCA also I think but I don't have it at hand here to verify) are those the copyright law gives a copyright holder. NO other rights.

The only possible interpretation of any research whatever in the `social sciences' is: some do, some don't. -- Ernest Rutherford

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