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Australia May Adopt DMCA-Style Copyright Regime 283

Posted by timothy from the or-we-will-hit-you-with-this-carrot dept.
beaver1024 writes "Australia, desperate to garner more U.S. trade, has indicated that it is willing to follow a more stringent regime for protecting copyright. This follows attempts by MediaForce to force Australian ISPs to comply with U.S. DMCA provisions. I fear that due to the current Australian government's weak spineless nature, the harsh provisions of the DMCA will soon arrive in the land down under."
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Australia May Adopt DMCA-Style Copyright Regime More

Australia May Adopt DMCA-Style Copyright Regime

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  • Can countries hold out? (Score:5, Interesting)

    by Mdog ( 25508 ) on Tuesday January 28, 2003 @03:26AM (#5172792) Homepage
    One thing that has always given me some hope with all this DMCA stuff is that it only takes one sensible country to not accept it, and development can go on (albeit hampered.) This story makes me wonder if it's only a matter of time until only lawless countries can host such things. Troublesome.

    • In one word... (Score:4, Insightful)

      by Chris_Stankowitz ( 612232 ) on Tuesday January 28, 2003 @03:32AM (#5172809)
      NO. I can see the -1 Flamebits now, but lets be hoenst here. People give the american govt. a lot of crap, but I think its our big buisneses that cause the negative view of america. Yes that includes the dirty "O" word, OIL. I guess many can agrue that the lobby power of these companies corupt the govt and it is in the end their fault. So lets start a new thread, which came first Big Buisness or Bad Govt? I think they are twins. :)

    • Re:Can countries hold out? (Score:5, Interesting)

      by smasherbob ( 634806 ) on Tuesday January 28, 2003 @03:32AM (#5172815)
      There's a problem with your statement there.

      Think of it this way - the DMCA is a worm. It's going to try to propogate itself by spreading to as many countries as possible. The ones that choose to keep it away can, but the more countries that adopt the laws, the more at risk these non-DMCA countries will be. Trade embargos and the like from different countries can spark a nation's government into shaping up surprisingly fast.

      Maybe I'm wrong, but I really believe that every (developed enough) country will have a DMCA equivilant of some kind within the next 5 years. It's only sensible to cover these new actions under law. I'm not saying that every country will adopt a code as strict as America's, of course. Not every country is run by their entertainment industry. ZING!
      • Trade embargos and the like from different countries can spark a nation's government into shaping up surprisingly fast.

        No one is going to start a trade embargo over devices to copy Britany records. There are far more essential and profitable trades going on between countries. Why jepordise that just because they won't implement the same laws as you WRT digital media?

        Trade works both ways. If (for example) the USA was to embargo imports from country A, then you can be sure that country A will stop importing anything from the USA. Where's the sense in that? It will harm more businesses than it benefits. If the government passes that, it's more corruped by the green of the RIAA than we thought.

    • Re:Can countries hold out? (Score:5, Insightful)

      by Russellkhan ( 570824 ) on Tuesday January 28, 2003 @03:34AM (#5172820)
      I dunno...

      I'd like to believe you're right, but it seems to me that if only one or two or even a few countries hold out against the DMCA, that these countries will face trade pressure as the article points out Australia is facing - only worse, since in this hypothetical future scenario we're talking about the majority of countries having already given in to DMCA pressure.
    • will never know the simple joy of monkey knife fight, err non-commercial dvd players.

      Doesn't Homer just inspire the best in us? Anyone have a yacht and 13 miles of CAT5?
    • One thing that has always given me some hope with all this DMCA stuff is that it only takes one sensible country to not accept it, and development can go on (albeit hampered.)

      So long as there are countries that are considered 'tax havens' I don't think you have a lot to worry about. Despite how we feel about things in our constricted world, there are bigger fish to fry.

  • This is just great (Score:4, Informative)

    by Billly Gates ( 198444 ) on Tuesday January 28, 2003 @03:28AM (#5172795) Journal
    Since America, Europe and Australia all have trade agreements I can expect that the dmca like laws will never go away.

    If the dmca is appealed then the RIAA will bust you under the UUCD( Europe's dmca) and if that is appealed then you will be tried under Australia's laws. Why? Your committing a world corporate espionage which is protected under trade treaties.

    So no matter what your fucked.

    Dont believe me? Look at Jon Johnson. Through world internation commerce espionage laws he was tried by an American law. These trade laws were written to catch crooked while collar crooks and corrupt ceo's but lawyers who love to twist things now interpret it as an international law. What is scary about the EU is that its not a democracy and there are no checks or balances unlike Australia or the United States. It will stay forever and will the world under one master law.

    • "Since America, Europe and Australia all have trade agreements I can expect that the dmca like laws will never go away."

      "Trade agreements" doesn't mean they're married to each other. Despite the best efforts of the WTO, there are still inter-regional barriers to trade. I wouldn't really start to worry until Australia joins either NAFTA or the EU.

      If anything, the recent article about the lapsing of European copyrights should be an example of inter-regional trade issues.

    • Re:This is just great (Score:3, Informative)

      by LarsG ( 31008 )
      If the dmca is appealed then the RIAA will bust you under the UUCD( Europe's dmca)

      EUCD, also known as Infosoc or 2001/29/EC. [eurorights.org]

      Dont believe me? Look at Jon Johnson. Through world internation commerce espionage laws he was tried by an American law.

      I assume you're talking about Mr. Johansen? If so, he was tried by Norwegian law. Pre-EUCD Norwegian law.

    • Re:This is just great (Score:2, Insightful)

      by hherb ( 229558 )
      What makes you believe that the EU is not a democracy? The EU is a loose union of independent nations, which are all democratic - some more, others less.

      In fact, some of the EU nations are definitely more democratic than the USA. Especially Norway, where Jon has been tried (and won, though appeal is on the way).

      In these countries, elections are not a commercialized spectacle or a farce. Courts are not just the brainless muscles of the corporates, and individuals do stand a chance in court. After all, legal expenses in Jons case were born by the public system, he wouldn't have faced ruin as he would have in the states even if he would have lost.

      It is rather issues like Sklyarovs illegal detention (by international legal standards) that scare me and reveal which country respects basic human rights and which doesn't give a hoot.

      Horst

  • PM's Email Address (Score:5, Informative)

    by Anonymous Coward on Tuesday January 28, 2003 @03:30AM (#5172802)
    I guess now would be a good time to have his email address, so I can tell him just how I feel on this matter. Oh well, the form at http://www.pm.gov.au/your_feedback/feedback.htm will have to do.

    • Re:PM's Email Address (Score:5, Insightful)

      by m00nun1t ( 588082 ) on Tuesday January 28, 2003 @05:32AM (#5173094) Homepage
      Well, it's a bit easier for me: I live in John Howard's electorate. I live in North Ryde which is in the electorate of Bennelong [aph.gov.au] - interestingly North Ryde is considered the Silicon Valley of Sydney, so should be interesting to see how the electorate responds.

      So, my vote helps determine whether John gets to even be in parliament next election, much less PM. As such, I have at some level or another greater access to influence John than the rest of the Australian population.

      However, all I see in this thread are rantings: "this sucks", "Australia is the US' bitch", etc. While these point may (or may not) be true, they are hardly convincing arguments.

      So, if you were in my place, what would you say to your local member of parliament AKA the Prime Minister?

      (Only rational responses need apply.)

      • Is that still there at the crossroads?
      • So, my vote helps determine whether John gets to even be in parliament next election, much less PM.

        Isn't he likely to retire anyway?

        If he does stand again, I'd say that the chance of him losing Bennelong is probably smaller than the chance that the ALP will finish third on the primary vote... something that's looking more and more likely the longer they run without leadership, policies or indeed any effect on public debate whatsoever.

        Parties tend to give their leaders extremely safe seats, although Beazley had a scare a while back.

      • History has proven that the advancement of a civilization is directly related to the free exchange of information. The free and open environment of the 1980's allowed a thriving technical community to develop within the United States. Because the innovations this community threatened existing, entrenched business models on the part of megacorps dependent on the scarcity of information among the general public, the United States enacted a devastating, punitive, and horrifying blow to the free exchange of information within that country.

        In the United States, we are now beholden to large corporations as to what we can say. The DMCA has been used in dozens of SLAPP lawsuits, and has even been used by religious groups to silence their detractors. Technical and scientific conferences are now taking place overseas because scientists are afraid of setting foot in this country. We are in a fearful death spiral, where ideas are exchanged only in dark corners, and where the community whose accomplishments made information valuable are now criminals.

        I say, with all possible fervor and desperation, for the sake of the free world, do not follow us into this wasteland of corporately enforced silence. Even now, public awareness of the impact of the DMCA is growing. My representative is currently cosposoring a bill to check the awesome and terrifying power of the DMCA. Just as we repealed the restrictive laws against the use of alcohol by gradual changes in public attitudes, we will eventually put the sad chapter of the DMCA behind us. For the sake of your freedom and your people, have the courage to hold out until we can change things here. We would find it unconscionable if this terrible mistake of legislation turned into a worldwide cancer threatening the idea of free speech.

  • The MPAA must be REALLY pissed off about all of the sharing of Kangaroo Jack down under. Of course, they will most likely get their way.

    *sigh*

  • There goes another safe haven. (Score:3, Interesting)

    by Anonymous Coward on Tuesday January 28, 2003 @03:33AM (#5172817)
    Just the other day I was wondering where I'd go next if the US got too oppressive.

    The UK's already too surveillance happy.
    The US is getting there, and has too many stupid laws to boot.

    I guess it's time to look at NZ.
    • As a New Zealander, I can tell you - look elsewhere.

      NZ is too small and too dependent on Australia's and US economies that it will have to obey probable requests of this kind.

      It's sad but that's how it is. Let me know if you find a place - we can go together.

      • How about Japan? I never heard any evil stuff about Japan, and I'll just assume they are a civilized country.

        And in case GWB unleashes Worldwar 3 at the western world, an unpartial country would be nice to have...

      • yea, I know. At one time I somewhat *somewhat* jokingly said if the US gets rid of the first or second amendment I will move to switzerland or australia.

        That's now a problem. As most of the "free" countries move toward globalization instead of looking and saying "the US has these great freedoms, Europe these, Australia these, etc.. and lets make this great big freedom type world" we have said "well the us restricts this, the EU restricts this, etc.. so lets combine these all" and create the most sucky restricted environment possible.

        Note to lawmakers: just because your neighbour makes something illegal doesn't mean you have to also. Manytimes the reason people wish to emmegrate into your country is EXACTLY because you have said freedoms.
    • Germany's even better, as the greens, the liberals and the social democrats are all pro - privacy.

  • Aus Govenment weak willed (Score:4, Insightful)

    by BloodAngel_Au ( 449499 ) <jason AT oranadisability DOT com> on Tuesday January 28, 2003 @03:35AM (#5172823)
    John Howard is acting more and more as one of Bush's little lackeys, first with considering a trade agreement that will force australia to reduce local content on TV (and open up more time for US shows), lately marching into and illegal war for no other reason than USA asked him to (more likely said or else!)

    Bah... And people wonder why the public is so dissolusioned with Pollies. they allmost all nowdays seem to be either yes men for Howard , Idiots or Cranks.... I wish some real people would run for election (and rule that PM can only stay in power for 2 terms), but we can only dream.

    At least Region Free DVD players are legal here :)

    • Re:Aus Govenment weak willed (Score:5, Informative)

      by DanUltra ( 57977 ) on Tuesday January 28, 2003 @03:42AM (#5172846)
      I agree with you entirely, except for the DVD bit.

      Region-free DVD players are perfectly legal anywhere, so long as the person distributing them region-free hasn't signed the CSS license.
      • Region-free DVD players are perfectly legal anywhere, so long as the person distributing them region-free hasn't signed the CSS license.

        Once a significant percentage of the EU countries have implemented the EUCD, I expect the movie barons to try to shut down region free players.

        Oh, and don't try to import DVD movies from outside EU after the EUCD goes operative. Article 4.2, community exhaustion.

    • John Howard is acting more and more as one of Bush's little lackeys, first with considering a trade agreement that will force australia to reduce local content on TV (and open up more time for US shows), lately marching into and illegal war for no other reason than USA asked him to (more likely said or else!)

      I tried searching on google with no success. Can you provide references to the local content on TV claim?
    • they allmost all nowdays seem to be either yes men for Howard, Idiots or Cranks
      ... and then you get some, like Wilson 'Ironbar' Tuckey, who are all three!

      At least Region Free DVD players are legal here :)

      Watch for that to change if the Libs get their man as head of the ACCC when Fels steps down.

    • Its not illegal for the US to prevent Iraq from developing weapons of mass destruction.

      On the other hand, sitting by and doing nothing while not illegal is surely morally bankrupt.

  • Don't fear us! (Score:5, Funny)

    by SHEENmaster ( 581283 ) <travis@uUUUtk.edu minus threevowels> on Tuesday January 28, 2003 @03:38AM (#5172836) Homepage Journal
    As an American citizen I should tell Autralia not to fear us. We won't bomb your asses unless you give us damn good reason to.

    The MPAA may be sleeping with congress, but they can't afford the needed bribes to start a war. So long as we keep pirating movies they never will and the world will remain safe!

    I hereby confess to reverse engineering magnetic tapes. It was an act of civil disobedience. Come and get me.

  • Even ARIA admits piracy isn't the problem! (Score:5, Interesting)

    by decefett ( 127257 ) <(moc.ellevaf) (ta) (ttocs)> on Tuesday January 28, 2003 @03:39AM (#5172839) Homepage
    Check out this article from the Sydney Morning Herald, Piracy not the burning issue in CD sales slide: ARIA [smh.com.au]

    I amazes me the lengths the Howard government will go to in order to suck up to the US.

  • Australia is a backwards shithole (Score:5, Funny)

    by AbRASiON ( 589899 ) on Tuesday January 28, 2003 @03:40AM (#5172843) Journal
    Trust me, I live here :(

    If it's not Telstra fucking us with a Microsoft style monopoly, or "protect the people" revenue rais... whoops speed camera's - then it's senator Alston making us look like nearthandals tech wise "high speed internet is used only for porn"

    Then there's a new tax / levy introduced tri-monthly to help out some band of poor bastards - course they never see the money but we still get our wallets bent over and plowed.

    (I'm surprised I can still browse slashdot actually considering that "ISP's must ban content" clause that the government passed several years back.

    Oh oh and we pay a SHITLOAD for cars here too, like 15 metric assloads for a car, that's right this BIG fat country with 20 million people and you can't find a decent second hand car under 10,000$ - but our backwards sheep plowing neighbours in NZ can score ex Japanese imports in the 6000$ (NZ!) range... wheeeeee

    (sorry for the rant but I just have to do it now and then)

    I love this country *COUGH* (I've said this a million times now, but is there ANYONE out there in the states with a spare basement for me to live in!?!)
    • Oh oh and we pay a SHITLOAD for cars here too, like 15 metric assloads for a car, that's right this BIG fat country with 20 million people and you can't find a decent second hand car under 10,000$ - but our backwards sheep plowing neighbours in NZ can score ex Japanese imports in the 6000$ (NZ!) range... wheeeeee

      sorry, I only paid 1000 NZ$ for my Accord EX-T

    • I love this country *COUGH* (I've said this a million times now, but is there ANYONE out there in the states with a spare basement for me to live in!?!)

      Hey here's an idea, instead of running away, why don't you stick around and do something about it. You know the only reason we kept electing lawyers? Because they're the only ones standing. I get really sick of people pissing and moaning about our pollies(God bless their corrupted little heads) and then when asked to help make a difference, they suddenly remember they need the pubes curled or something equally important.
    • Comment removed based on user account deletion

  • I'm sick of this. (Score:5, Interesting)

    by harikiri ( 211017 ) on Tuesday January 28, 2003 @03:41AM (#5172844)
    I'm a longtime Australian resident, and have been saddened to see more kowtowing to our 'big brother', the United States, instead of seeking out our own identity and place in the global marketplace.

    This possible DMCA "adoption" is another example of us bending over backwards to please our economic partners.

    I had high hopes for us when our Australian Competition & Consumer Commission (ACCC) started defending our rights against DVD region encoding. Looks like we need to do more campaigning to wake the public up before this new movement gets too far.

  • This sucks... (Score:5, Informative)

    by chriskenrick ( 89693 ) on Tuesday January 28, 2003 @03:46AM (#5172856)
    Australia already has [ifrro.org] an equivalent of the DMCA, in terms of circumventing access controls and so on. In Australia, there are no fair use clauses [copyright.org.au] for duplicating your own CDs (except software), or even for videotaping from TV. And now this, which will just hamper ISPs and make it cost more for them to do their job. Typical weak Aussie government bending to the slightest hint of international pressure. On these rare occasions, I wish I lived in a country that valued individual freedom a bit more highly compared to corporate interests.

  • Economists don't believe in this agreement (Score:4, Interesting)

    by decefett ( 127257 ) <(moc.ellevaf) (ta) (ttocs)> on Tuesday January 28, 2003 @03:46AM (#5172859) Homepage
    An opinon peice from Ross Gittens (a noteable economic commentator) titled Free-trade agreement is Howard's ticking bomb [smh.com.au] does not look kindly apon this agreement.

    A choice quote: Contrary to appearances, bilateral FTAs don't rate as micro reform because, as any textbook will tell you, they're more likely to be "trade diverting" than "trade enhancing".

  • I guess I won't be moving to Australia. *checks another country off a small list*

    I was hoping I could escape our (America's and the rest of the Western world's) crazy possible 1984ish future by moving down under. I would still like to see New Zealand though. And they seem to be stubbornly American independant according to a kiwi friend.
  • For every higher wall there is a taller ladder

  • (3) YRO in 6 hours (Score:4, Funny)

    by teamhasnoi ( 554944 ) <teamhasnoi AT yahoo DOT com> on Tuesday January 28, 2003 @03:51AM (#5172881) Journal
    That's got to be a record!

    Hell, I said 'record'. Now I'll have to pay a fine of $250,000, undownload my 600 mp3s, sell my 12x CD burner (equivelent to 347) and have to move my offices to the Pacific island nation of Vanuatu.

  • Where is safe haven? (Score:3, Interesting)

    by josh crawley ( 537561 ) on Tuesday January 28, 2003 @03:54AM (#5172890)
    Where's the safe haven for "hackers", "reverse engineers", and decrypters? There must be some place that has:
    1: 1'st world type living
    2: Somewhat bustling computer community/advancement
    3: Decent economy
    4: None of these "DMCA" laws

    And dont answer Sealand. It's way overcrowded (for a cement pole in the ocean).

    • Re:Where is safe haven? (Score:4, Funny)

      by Jugalator ( 259273 ) on Tuesday January 28, 2003 @04:29AM (#5172974) Journal
      I have come to the conclusion that the only way to get away from these stupid laws, and stay away from them in the future, is to create SlashNation, where attempts to keep any forms of information, such as source code, secret has a death penalty. CowboyNeal for president!

      This might provide solutions to your points mentioned above except the first "1st world type living". The Geeks of SlashNation would have a long way to get there, but I'm sure we can do it!

  • China to the rescue? (Score:4, Interesting)

    by lingqi ( 577227 ) on Tuesday January 28, 2003 @04:04AM (#5172924) Journal
    Not trolling, but this point in the game it might really take a country that doesn't give a shit about US bs-laws, and who is a huge market, to avert this kind of crap.

    I know the knee-jerking is that "oh it's a terrible regime" and "human rights" and "think of the children" and so forth, but really though - China didn't think so much of DVDs, so they went ahead and defined SVCDs - not as nice and versatile, but pretty good standard, useful.

    I mean with all the trade agreements in place, US can pretty much enforce DMCA on everybody through trade embargos and get away with it... No hope for these guys standing up to the US in these areas.

  • New laws in a land down under
    Where creativity is cast asunder
    Can't you see, can't you see your blunder ?
    You better run, you better fix it over

    No seriously, this is getting sadder and sadder. Does Australia even have a body analogous the EFF to lobby against this ? Someone really oughta step up and question the validity of a law which so blatantly throws consumer rights out the window.

    The whole system is screwed, I tell ya.

  • typical (Score:4, Interesting)

    by Anonymous Coward on Tuesday January 28, 2003 @04:08AM (#5172934)
    Australia is going down a bad path recently by blindly following the US and offering support to the IRAQ attack, and now this. When will we start to think for ourselves? This country has so much to offer, and we should be setting ourselves apart from other countries by coming up with laws, and deciding on important world issues with thoughtful debate - not by following the lead of other countries like lemmings.

    This really infuriates me...

    Having something like the DMCA isn't all bad, as protected digital works need to stay protected, however the DMCA shouldn't at all be a base for our version.

    I hope this Kazaa case will make the people of Australia more aware of the this issue, so the MP's are forced to listen to the people!!

    • Re:typical (Score:4, Interesting)

      by csirac ( 574795 ) on Tuesday January 28, 2003 @04:43AM (#5173003)
      As an Australian citezen I hereby declare I'm ashamed to be Australian. Not just because of this (Telstra? Airforce aircraft maintenance outsourced? More tax money towards private schools per seat than public schools could ever hope for (and at less effort) etc etc.) but blind, pig ignorance in most areas. The MP's gross incompetance and blatent deception to the public (children overboard anyone? What do they think we are? Fence posts?). The MPs treat the public like a dumb herd of cattle and it's slowly having the desired affect - numbing everyone's mind. Most common people don't seem to care or even understand most issues.

      It's common to joke about Little Johnny bending over for George, but it really depresses me. Our Government is becoming sillier by the minute, and even the people of Australia are becoming ever more stupid, gullable, ignorant, lethargic...

      I need a drink. I think I'll move to Russia. I know nothing about Russia but it has to have a more open political system than Australia does. Plus I hear the Vodka is cheap.

      - Paul
      • As an Australian citezen I hereby declare I'm ashamed to be Australian. ...

        Dude, you can disagree with the [Australian] government's policies, you can say the health system is crap, you can say that Telstra has a monopoly and abuse the crap out of them for it, you can hate the governments' brown-nosing to George Dubya, etc, etc. You can also (quite rightly IMO) abuse the shit out of the politicians for being incompetent assholes, or discuss the low intelligence level of the average Joe.

        but, DON'T EVER, EVER BE ASHAMED TO BE AUSTRALIAN! :)

  • I'm willing to bet... (Score:5, Interesting)

    by The Fink ( 300855 ) <slashdot@diffidence.org> on Tuesday January 28, 2003 @04:13AM (#5172948) Homepage
    ... that the house of representatives, driven by our Liberal party (large-L - they're conservative, not liberal in the usual sense), will introduce, and subsequently pass, such a bill. I can believe it. They're pro-business, they're pro-US, they're pro-trade. A DMCA-like bill would be good in their minds.

    I'm also willing to bet that the Senate, which is majority-controlled by the minor parties and Labor, i.e. not the Liberals or Nationals, is likely to reject it. This will either eventually lead to a double dissolution election (unlikely, IMHO), or a watered down variant getting through (unless some independents are bought somehow), or the bill being outright rejected, only to be reintroduced at a later date - hopefully "later" means "never".

    Guess what I'm hoping for.

    My Australian $0.02 ...

  • Who will rule the world? (Score:5, Interesting)

    by teamhasnoi ( 554944 ) <teamhasnoi AT yahoo DOT com> on Tuesday January 28, 2003 @04:18AM (#5172959) Journal
    The U.S. no longer knows how to make shovels, but they know how to buy them from 3rd world countries. They then use these shovels to overwhelm these same countries with the one thing that makes America 'great' - culture.

    When the U.S. is reduced to its last surviving companies, it will be the producers of media that have spent trillions of dollars in the pursuit of an unstoppable monopoly on 'content' and the profit that follows.

    Will there be U.S. Steel plants? Refineries? Agriculture? No. Will any durable good be manufactured in the U.S. No.

    The only thing that other countries can't compete with the U.S.: the creation(in the loosest sense), distribution, and consumption of U.S. made MassMedia.

    The war on terrorism is already a poor excuse for a reality-TV show, the war on drugs is an effort to direct your 'escapes' to more profitable, advertising-rich video and movies; the war on piracy is nothing more than a giant squeezing blood from a stone.

    When all that is real has been lost to a soft, dehumanized, videodrone people - that is when the countries who have made the shovels, dug the ditches, grown the food, built the roads and cities in the U.S. - that is when those countries will walk in and quietly pick up the fallen reins of America, and sense may return.

    I think I just choked on a pretzel.

    • You are a blithering moron if you think that just because of outsourcing that the US will lose ALL manufacturing capacity.

      There is such a thing as a "strategic industry". The Pentagon knows what they are and won't allow them to go away. Ever wonder why our farmers get so many subsidies? Its one of those pesky strategic industries in that a superpower ought to be able to feed its own populace without relying on other countries for food.

  • Where Will Quantum Computers Be Designed (Score:3, Interesting)

    by Greyfox ( 87712 ) on Tuesday January 28, 2003 @04:46AM (#5173010) Homepage Journal
    Who will be the first to file charges against IBM for attempted development of a device which will render all existing crytopgraphy useless? The handy side effect that Quantum Computers make factoring trivial should be enough to use legal means to halt all further work on the devices. The lawsuits should be filed now, before the threat of the Quantum Computer is allowed to fall into the hands of hackers and terrorists everywhere!

  • Why is this a surprise? (Score:5, Interesting)

    by chill ( 34294 ) on Tuesday January 28, 2003 @04:50AM (#5173017) Journal
    In all reality, Australia -- as well as New Zealand -- has been the United States' bitches since right after WWII.

    Remember Echelon? Back in 1947 the U.S. and the U.K. signed the Ukusa (really creative name) agreement that was soon after signed on by Canada, Australia and New Zealand. This basically cemented the major former U.K. colonies and English-speaking countries as the axis around which the future world would spin.

    http://216.239.33.100/search?q=cache:OU6RBkDIMKs C: mondediplo.com/1999/01/04echelon+australia+united+ states+echelon&hl=en&ie=UTF-8

    Despite the occasional noise made by various MPs, PMs, Congressman and other politicians, there is a stranglehold of a tie between those 5 countries that will be almost impossible to break.

    The U.S. leads because of the simple fact that they are the biggest, baddest and richest. (Usable natural resources, military, population, economy, etc.) The others may not toe the exact line, but everyone moves in the same direction.

    Minor dissent is allowed, because it gives the illusion of self determination and national sovereignty. Major dissent never happens -- not over anything important.

    The rest of Europe and Russia bitch because they aren't that important anymore. The world no longer spins around France, Germany and Russia. They are being pushed to the sidelines. Hell, they did it and now it is someone else's turn.

    Sad, but that is the way it works.
    • New Zealand's anti-nuclear stance was hardly "minor dissent". It lead to the breakdown of military treaties.
    • Australia is pro-U.S. because most of the old-timers, those in or heading into retirement, remember that the U.S. more or less prevented Australia from becoming Japanese. The Brits had used the Australian and New Zealanders for cannon fodder and there were only enough left to post one soldier every few miles on a line down the center of the continent. The U.S. also put pressure on Indonesia to cease annexation of PNG (and probably Australia eventually). However, those are past deeds and not good for credit in the current generation.

      The rest of Europe and Russia bitch because they aren't that important anymore. The world no longer spins around France, Germany and Russia. They are being pushed to the sidelines. Hell, they did it and now it is someone else's turn.

      If these various DMCA-like laws keep popping up, then the world will stop revolving around the U.S. and it will be yet someone else's turn. Especially if a war is used to address the next set of quarterly financial reports. Russia is out - collapsed economically and out of control, which is why Putin kisses up. Britain is out. But Germany stands a good chance or, in a few years time if luck holds out for India, maybe even India.

  • Too close to home (Score:4, Interesting)

    by Anonymous Coward on Tuesday January 28, 2003 @05:25AM (#5173078)
    I am an Australian citizen, but now call New Zealand my home.

    I really really hope this brown-nosing with the U.S. doesent rub-off here, after all NZ has continually told the U.S. to keep it's nuclear-powered warships out of it's harbours, regardless of incentives offered by way of trade agreements.

    But now that things like LOTR are so hot, and sponsered so heavily by holywood, I wonder how long NZ will be a DMCA-free zone. Not long I bet.

    It'll be interesting to see how long it will take the DRM 'cancer' to spread throughout this part of the world.

  • Unlikely to happen (Score:4, Interesting)

    by nich37ways ( 553075 ) <slashdot@37ways.org> on Tuesday January 28, 2003 @05:39AM (#5173106) Homepage
    I somehow doubt that this will go through the Senate* in Australia as the opposition (Labour Party) and independents/greens/democrats will block it because they dont want to tow the American Line and a lot of the non-Liberal politicians are making their claims to fame by not being pro-American but pro-Australian.

    Although I do not doubt that we will get a watered down version there has been too much bad publicity (at least in the circles that care/understand) about the problems with the DMCA that we shouldn't end up with such draconian measures. Also we have the ACCC (Australian Competition and Consumer Commision) who have done a good job looking out for the little guy in the past ( with a fair amount of thanks from the community), and I dont think that the opposition party is willing to risk further destroying our rights and alientating the constituents for the Liberals policy glory.

    nich

    *Senate - We have a two house sytem, Lower House and Upper House(Senate). The government is whoever holds the majority in the Lower House, currently Liberal Party (mainly look out for big business and John Howard(Prime Minister) is seriously Bush's lap dog.

  • Good idea (Score:5, Insightful)

    by 91degrees ( 207121 ) on Tuesday January 28, 2003 @06:18AM (#5173175) Journal
    In return, the US should implement Australian style restrictions on corporate donations to political parties, and European style data protection laws.

  • Not worried about Europe (Score:3, Interesting)

    by Captain Beefheart ( 628365 ) on Tuesday January 28, 2003 @06:27AM (#5173196)
    Australia may make concessions to the US to maintain favorable status, especially after that nasty bit of terrorism, but I suspect Europe will smile, nod, and tell the States they can shave their arse cheeks if they like.

    The US isn't making any friends right now in the U.N., that's for sure. This is not corporate agenda, by the way, this is political. "You agree to a localized version of the DCMA, and we won't put you on our Suspected Harborer of Terrorists List," or some offer of that nature.

    It's just fucking lovely when the government co-opts a corporate campaign for political gain. Hey, that rhymes. I see T-shirts and mugs in my future....
  • Is there anything Johnny won't do for his master, Baby Bush?
    We go fight the US's oil war without investigating the facts or paying attention to popular opinion - here or abroad.
    We accept thee US's GM crap for sale on Australian markets, unlabelled.
    Now we accept the US's legal system, including their DMCA.
    We might as well burn the Australian flag, loose 50% of our brains, adopt a "GIVE ME, GIVE ME" attitude and call ourselves the 53rd state of the USA.
    So welcome George Bush; Australia's collective anuses awaits your shrivelled tool. I believe John Howard has already had his share.
  • a little harsh to call the Australian leaders names considering we americans let some F@#$% A$$ from ArKansas pass the damm thing to beguin with.

    no it was not Bush who passed it.

  • DMCA takedown letters going beyond law... (Score:5, Informative)

    by Anonymous Coward on Tuesday January 28, 2003 @07:35AM (#5173317)
    The DMCA letters being sent to ISPs go too far. They are not just demanding that the ISP stop the customer from sharing, but they are demanding that the ISP sever all business relationship with the customer.

    This became apparent when one of the ISPs in Australia refused to comply, and went public. They showed the contents of the letter, which included the demand of immediate halt of the customer's sharing, but also the immediate cessation and severing of all business relationship with the account (identified by ip address/date/time/files/etc.)

    Here's the exact quote:

    Since you own this IP address, we request that you immediately do the following:
    1) Disable access to the individual who has engaged in the conduct described above; and 2) Terminate any and all accounts that this individual has through you.


    This goes far beyond so called "copyright infringement". This is a punitive action made by a very embittered (and according to their own sales figures, very greedy) RIAA/MPAA.

    As someone who's had their dsl plug pulled on three days notice, and have been waiting more than three weeks for a new dsl provider to get permission and get switched on from the local telco, I can tell you from first hand experience the problem this causes.

    If one of my children downloads and installs a p2p program, and keeps the defaults as installed, I get to have my plug pulled? All of my web sites taken down? My email server cut off? My remote users cut off? My dns server that other networks rely on as a second dns server shut down?

    A careful review of the users of the p2p programs would show that the majority of the users are children. As defined in the US, children are under the age of 18. As defined by many of the "save the children" advocacy groups, children are under 19, under 21, under 25.

    I've been working on getting a CD burner working on my computer, but have had problems because of the unusual ide/scsi multiple hard drive setup I have. So it is not working under gnu/linux, and I've been making coasters under windows. I have a large collection of music which I own. Does the fact that I can download the same music that I own so I can listen on my computer/car cd player disallow me from downloading this music? I have the originals, just need them in a different medium. This is known as fair use. Will a default/misconfiguration of a p2p application cost me my entire net connection? Is this what was envisioned by the senators and congressmen when they signed the DMCA bill? Was this the intent of the law?

    An internet connection is viewed in the US as a necessity now. Schools are handing out assignments that include mandatory internet research. Those that don't have a connection are expected to go to the library or make arrangements with the teacher. But now the MPAA/RIAA are allowed to demand that the ISP pull the plug? On no or short notice? Library hours are being curtailed due to budget constraints everywhere. Libraries open on Sunday are unusual, and becomming more so. Saturday hours and night hours are being curtailed as well. Getting your children to the library is not an easy thing for a single parent or two parent family where both parents work. So the MPAA/RIAA get to pull my plug because their automated computer thinks I'm sharing copyrighted works?

    Who reimburses me when my child's school project named after a copyrighted title shows up as a dmca violation, my plug gets pulled, and I lose customers for web sites/co-location hosting/email services/voicemail services/backup services because I can't get another dsl connection running right away? Or the downtime with ip propagation through the dns servers to the root servers with the new ip addresses of the new isp account because the old isp complied with the sever all business demand by the mpaa/riaa?

    As I read the DMCA act, it says that the isp must stop the sharing. I haven't read that it says that all business must be severed with the customer. Yet the mpaa/riaa are demanding this of isps. If you were a small time isp, would you comply or fight their lawyers? So you keep the connection and face mpaa/riaa lawyers, and more enforcement action/attention by them and the bsa, or you pull the plug and face a remote possibility of a lawsuit from a user. Which would you choose?

    Any changes to the DMCA law must include a prohibition on allowing the mpaa/riaa to demand that all business relationship be severed. It must only include the means necessary of stopping the "infringing" use, and the customer must be given the opportunity to respond prior to the plug getting pulled.

    My plug was pulled. I suspect it was a DMCA demand that caused the plug to be pulled. But a different, unrelated excuse was used to pull the plug. In the meantime, I had three days notice. What would you do, fight it out with an isp that wants to disconnect you? Or hurry up and find another isp so that you could get your revenue producing content back online? Are all of your internet travels really within your isp's tos? Including your posts to slashdot? ISPs, if necessary, have enough loopholes to disconnect you within their terms of service so that if they get a takedown letter, they simply pull the plug rather than deal with any legal issues.

    Since my local telco doesn't allow servers on their dsl connection, and since they require that the service be disconnected before another dsl reseller can place an order for service, and since the order for service takes anywhere from one to three weeks, there is no way of avoiding a several week downtime. And my local telco is the local telco for most of the northeast, and most of the east coast of the US.

    It's easy to say don't allow the p2p use. But when you have pre-teen and teen children on your connection, you'll think differently. And if I "share" a number of files, yet firewall off the files so that they can be seen as being shared, yet can't be uploaded from my server, that does not violate the dmca, yet would result in a dmca takedown letter. No files were uploaded from my server to anyone else's computer, they can't be. Yet the way that the mpaa/riaa is scanning for shared files, they "see" the files as being shared, and that results in a takedown letter. So I'm not violating any law, yet the riaa/mpaa get to pull my plug and cause me economic harm?

    I have some limited technical knowledge. Try explaining this to a small business owner, or someone who relies on email, internet access, and some reason (web server, vpn, mail server, etc) for a dsl connection for work. They get their plug pulled and are disconnected for 2-3 weeks or longer while they scramble to find a new dsl provider because the mpaa/riaa is looking for revenge and twisting the dmca law to their benefit? Cable isn't an option as a backup, as they don't allow vpn, and don't allow servers. A second dsl provider involves extra cost, and a separate additional phone line, or line drop, and it still involves ip number/dns interruption.

    Changes to the dmca law need to be made to prohibit this vindictive behavior by the entertainment cartel. A net connection is no longer viewed in our society as a luxury. It is a necessity. No one should have the right to completely pull the plug on someone's connection. There are steps that can be taken to prevent copyrighted file sharing. Pulling the plug is an unconscionable action on behalf of a very bitter, vindictive cartel, and exposes them for who they really are.

    The Verizon court case, where the entertainment cartel are attempting to ascertain the identity of a file sharer is a case in point. They state that they want to find out the identity of the person so that they can "tell them what they are doing is illegal". Really? Wanna bet they want that plug pulled and want the isp to "sever all business relationship" with that person?

    Those outside the US, those in Australia, take this lesson to heart. When the laws in your country are being fought out, make sure the above situation is not allowed to happen as a matter of law. The entertainment cartels will look for any advantage they can get. You need to be equally vigilant that your legislators protect your rights. And speak up. Or you will also lose in the end.

    Here is the full information on the DMCA takedown letter [slashdot.org], and I believe the story above is linking to it also, although the story link may be a higher level link. My link goes direct to the letter and background.

    This is a re-posting of an original post I made. I don't like to do this, but it is more relevant here, than at the original location several days ago. Here's the story location [slashdot.org] of the previous post for full disclosure, and here's the original post [slashdot.org]. Please don't mod this down, as this is a real world example of someone hurt by the DMCA, and is very relevant to the current topic. If you agree and have a mod point to spare, I would appreciate it. Thank you.

    The entertainment cartel have declared war on us. We are all on the firing line right now and are taking casualties. Good luck to us all. We are going to need it.

  • statement from the Hilary Rosen (Score:2, Funny)

    by Anonymous Coward
    DMCA in the land down under? Where we'll go and then plunder? She said, are you trying to tempt me? loss of freedom's not much to pay! [then it got garbled, her mouth was full, something about a vegemite sandwich]

  • Something like this? (Score:4, Funny)

    by FosterKanig ( 645454 ) on Tuesday January 28, 2003 @09:00AM (#5173505)
    Bruno: Ooh! Ah, that's it. I'm going to report this to me member of parliament.
    [yells out window] Hey, Gus! I got something toreport to you. [Gus tends his swine]
    Gus: That's a bloody outrage, it is! I want to take this all the way to the Prime Minister.
    [they go down to a lake] Hey! Mr. Prime Minister! Andy!
    Andy: [floating naked on an inner tube with a beer] Eh, mates! What's the good word?

  • resolving copyright limits (Score:3, Interesting)

    by JThaddeus ( 531998 ) on Tuesday January 28, 2003 @09:05AM (#5173531)
    I wonder if Australia will change it's copyright limits to match the US. Currently, the Aussies permit copyrights 50 years after the death of the author while (as we know) the US is now twice that. That's why you can download the works of F. Scott Fitzgerald from Project Guttenberg's Aussie site but not from a US site.

  • WIPO WCT (Score:5, Interesting)

    by SubtleNuance ( 184325 ) on Tuesday January 28, 2003 @09:06AM (#5173535) Journal
    The DMCA is the US embodyment of the The World Intellectual Property Organization (WIPO) Copyright Treaty (WCT) [infoworld.com].

    This treaty, (probably) written by the RIAA/MPAA (literally) was approved by appointed trade representatives to WIPO. (see here [anti-dmca.org])

    When you see people marching as advocates of Fair Trade (like the opposition to FTAA) they are protesting neo-liberalization of trade by the WTO... so, dont like DMCA? dont want DMCA in *your* country? Join the effort to end Corporate Globalization through the WTO... the DMCA is a *result* of these thieves carving up our future.

    Australians, Canadians, and Europeans: Find out who is your WIPO/WTO delegates are, and write a letter condemning neoliberalism (as embodied in the WCT(DMCA treaty)) and send copies to your PM/President and Federal Representative... ill be doing that now.

    • Between 1929 and 1932... (Score:4, Insightful)

      by freeBill ( 3843 ) on Tuesday January 28, 2003 @11:32AM (#5174503) Homepage

      ...the Hoover administration (in the U.S.) made two colossal errors which turned a recession/stock-crash/run-on-the-banks into a full-scale worldwide depression:

      • They cut taxes on corporations hurting from the stock-market crash.
      • They paid for this by raising tariffs (triggering a trade war that spread the problem worldwide)

      The corporations didn't have anything to do with the extra money (there was a recession, after all), but their stock prices were depressed. So, they decided to boost their share prices by announcing larger-than-expected dividends (paid primarily to rich people). Rich people behaved as rich people are likely to do in a recession: They put the money away, playing it conservatively.

      Since the Bush administration has decided not to risk the chance that corporations will avoid depression-producing behavior by requiring them to pay dividends for their stockholders to receive the latest round of tax cuts, we have to ask, "Will this cause a depression?" We have to consider the possibility of at least a '90s-Japan style depression (if not a Great Depression like the '30s).

      One thing which always reassured me was the fact that no one seems likely to repeat the mistakes of the Trade War of the Early '30s. Now I'm beginning to wonder if DMCA- and WIPO-style intellectual-property regimes may serve a Trade-War-like function today. Like trade wars, they spread from country to country, stifling economic growth (trade wars do it more directly, but the DMCA does it by hamstringing innovation).

      We may have discovered the missing ingredient in our depression recipe.

  • Why the hell are they backing down and complying? If anything, they should be pissed off at the US Entertainment Industry for insulting them with that damned "Kangaroo Jack" movie...

  • This isn't a surprise (Score:2, Informative)

    by mjj12 ( 10449 )
    Sadly, we have known this was on the cards for a while, and one or two people who work in government in Canberra have mentioned it to me. Australia wants a free trade deal with the US, and particularly in agriculture. In return for this, we have to go along with what US trade negotiators want on issues like intellectual property, and the US government is in Hollywood's pocket on this.

  • The Actual Problem... (Score:2, Informative)

    by Anonymous Coward
    The actual problem with unjust laws in the US is that Americans are too lax about knowing their rights. The Jury in any trial or Grand Jury has rights and abilites far beyond the judge or prosecutor. We would not have so many unjust laws if citizens knew their power to disregard the instructions of the court and the resulting FULL and FINAL veto power over acts of legislature (laws). The government is here to service us, not the other way around and we have the final say in which laws are upheld in the courts.

    If you get a summons for duty, don't aviod it... you may be passing up the ability to reject and unjust law... perhaps it will be a DMCA case itself! Just don't let the judge or prosecutor know you are aware of your veto/nullification power becuase they will strike you every time, it's your moral duty and perogative to lie when they ask the question. "Have you read anything about jury nullification?"

    If you are unaware of your rights as a Juror then see this page:
    http://www.fija.org/juror-handbook.htm

    Phoenix

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