[LINK] New Australian copyright laws

[Marghanita da Cruz]

Brendan Scott wrote:
> 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.
>>

also an issue with Subscription/Pay TV

As an aside, TV licenses in the UK  which fund the BBC - so, watching TV
on your Laptop, while visiting the UK could also be a problem...

>>"makers of products are not able to restrict the use of generic
>>after-market goods and services through the application of TPMs to their
>>product."
>>
>><http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(CFD7369FCAE9B8F32F341DBE097801FF)~Copyright+Fact+Sheet+-+Technological+Protection+Measures+liability+scheme.pdf/$file/Copyright+Fact+Sheet+-+Technological+Protection+Measures+liability+scheme.pdf>
>>
>>
>>or am I misinterpreting?
> 
> 
> It is only a fact sheet.  I think there is a lot of wishful thinking going on at AGs.
> 

maybe not see
http://www.ipred.org/

and
<http://www.cebit.com.au//news/index.asp?u=http://CeBITaustralianews.blogspot.com/2007/04/ip-bingle-as-senior-chinese-delegation.html>

> 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;
>>and
>>(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
>>program.
> 
> 
> 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. 
> 

...or maybe they are just trying to avoid prohibiting owners of content from
accessing their own stuff....eg documents stored in PDF or MSWord or
even video in MPEG2, or MPEG4

makes careful consideration about formats for storage and archival
purposes even more important.

m
-- 
Marghanita da Cruz
http://www.ramin.com.au/
Telephone: 0414-869202