[LINK] New Australian copyright laws
brendansweb at optusnet.com.au
Mon Apr 23 23:02:44 EST 2007
David Boxall wrote:
> In addition to maintaining the legality of circumventing DVD region
> coding, the law seems to allow (for example) cracking iTunes purchases,
> so they'll play on hardware other than Apple.
> "makers of products are not able to restrict the use of generic
> after-market goods and services through the application of TPMs to their
> or am I misinterpreting?
It is only a fact sheet. I think there is a lot of wishful thinking going on at AGs.
For example they say:
Additional exceptions to TPM liability in the Copyright Regulations 1969 include:
• reproduction of computer programs to make interoperable products
What the legislation says is (for one of the offences, but the wording is replicated elsewhere):
> Subsection (1) does not apply to the person if:
> (a) the person circumvents the access control technological
> protection measure to enable the person to do an act; and
> (b) the act:
> (i) relates to a copy of a computer program (the original
> program) that is not an infringing copy and that was
> lawfully obtained; and
> (ii) will not infringe the copyright in the original program;
> (iia) relates to elements of the original program that will not
> be readily available to the person when the
> circumvention occurs; and
> (iii) will be done for the sole purpose of achieving
> interoperability of an independently created computer
> program with the original program or any other
Note again the wording in the cheat sheet: "to make interoperable products". So if you need to circumvent a TPM to *actually* interoperate you appear to be left high and dry by this legislation, you can make the product, but you can't use it. This is despite three parliamentary committees recommending that an exception for interoperation be introduced.
That said, working out whether something is covered by a TPM will be not entirely straightforward either.
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