ATO breaches Copyright ... was ... Re: [LINK] Telstra
withdraws from ABC content deal, et al.
Fri, 09 Jun 2000 15:14:42 +1000
>The Prime Minister has abandoned his plan to use the electoral roll for a
>"personalised" GST letter to voters after the Government was forced to
>admit that the handover of the information was illegal.
I could do with some scarp paper.
>Tax details protected - on request
>By MARGO KINGSTON and TONI O'LOUGHLIN
>The Federal Government last night promised to change its Australian
>Business Number scheme to stop the Tax Office selling individuals' personal
>details without their consent, after the ATO admitted its credibility was
>on the line.
Now I like this one.
In the Domain Name Debate for the last few years the issue of copyright has
been raised. It's been tested in the Courts in the United States and a
judgement is around somewhere.
Basically it was found that the content of the WHOIS database does not
belong to NSI, but in fact to the creator of the record - that is the
person who entered the details in their unique manner. Some people CaSe
ThEiR nAmEs which creates a unique marking for the person concerned.
AS such the content of details supplied to a body whether requested by the
body or voluntarily is in fact subject to International Copyright laws.
The end result is that the ABR records - those forms YOU filled in, are in
fact subject to copyright and YOU own them. The ATO does not have a right
to supply that information to anyone, reproduce it or sell it for any
reason what so ever except the explicit purpose for which you provided them
a licence to use that information - that is the purpose of GST Tax
Now this seems to apply to all instances, except where you SIGN and it is
witnessed that you signed a document releasing your right to Copyright to
the obtainer of that information.
(Incidentally there is a case in England right now where a person filled in
a form for a company on-line for further information, his email address was
subsequently sold to other entities and he received what he called
"SPAM". He is suing the first company for breach of copyright and also for
breach of privacy. A judgement will probably be handed down in the next few
days if it doesn't settle out of court first.)
So, anyone up for a class action? I don't recall seeing anywhere on the
forms (and I didn't sign any as they were on-line anyway and were
definitely not witnessed) saying that my rights to copyright of my content
and unique markings, context and descriptive sentences would be
relinquished upon submission of the form.