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The Courts Government Media Music News

Australian Court Doubles CD Importers' Fines 258

anti-fsck writes "Australia's Full Federal Court today upheld a lower court's decision that music labels Warner Music and Universal Music had engaged in anti-competitive practices in the .au CD market by threatening retailers who imported cheaper CDs. The court also doubled the labels' fine - and the fines for senior label executives - to more than $A2 million. w00, cheap CDs at last? Now if we can only get US-zoned DVDs legalised as well ..." Another reader notes that the U.S. government is busy trying to get Australia to change its laws to increase the profits of U.S. record companies.
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Australian Court Doubles CD Importers' Fines

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  • The real story? (Score:5, Interesting)

    by henbane ( 663769 ) on Friday August 22, 2003 @09:00AM (#6763993)
    I think what this really should have mentioned more prominently is the second story. Talk about imperialist running dogs of the capitalist pig regime. - "Hey there, want a trade agreement? Not unless you bow down and worship the god of copyright exactly like we do"
  • by Trigun ( 685027 ) <evil@evil e m p i r e . a t h .cx> on Friday August 22, 2003 @09:01AM (#6764000)
    U.S. government is busy trying to get Australia to change its laws to increase the profits of U.S. record companies.

    Let the record companies deal with it, not the government of another country.

    Yeah, globalization is a bitch. Deal.
  • Being depressing (Score:4, Interesting)

    by PurpleWizard ( 643191 ) on Friday August 22, 2003 @09:03AM (#6764009)
    but not defeatist.

    This is just a battle slowing the seemingly inevitable unless changes that are more fundamental are made. It is just part of the trend like DRM, software patents making it into Europe and the like...

    What's the real solution to the continual move of power to corporations? Or is it best we all just roll over and take it like good domestic livestock?

  • by Trigun ( 685027 ) <evil@evil e m p i r e . a t h .cx> on Friday August 22, 2003 @09:08AM (#6764046)
    Because the WTO would be all over their ass. The WTO is the governing body for international trade. Few have stood up to it and won.
    Kind of like a global mob.
  • by Hoplite3 ( 671379 ) on Friday August 22, 2003 @09:15AM (#6764101)
    The WTO is supposed to support free trade and globalization. All sorts of countries are behind it, yet it hasn't bestirred itself to do anything about the most blantant anti-world market move ever made: region encoding on DVDs and videogames. Why can studios divide market? Why can't I buy Japanese games and play them in the US?

    Well, I guess the answer is obvious. But it irks me that everyone bought into international trade organizations that are so clearly biased.

    By the way, does this price-fixing crap remind anyone else of a similar US case? Did members of the industry get personally fined, or were they protected behind the corporate veil? Good thing Australia's got its act together. At least someone does.
  • by Anonymous Coward on Friday August 22, 2003 @09:43AM (#6764297)
    Parallel imports are forbidden under US Customs regulations as well, with an exemption for travelers returning with single items that may infringe on a US trademark or copyright.
    A lot of small time record distributors routinely ignore this regulation and get cease-and-desist orders or worse when the US record company catches up with them.
    To legally make an commercial importation of a sound recording that is already owned or licensed in the USA you must have the permission of the company that currently holds the rights in the USA.
  • by donscarletti ( 569232 ) on Friday August 22, 2003 @09:44AM (#6764304)
    The thing about Australia is that we have little to be patriotic with, our flag is unrecognisable to most of the world, our national anthem is unknown to most Australians, everyone seems to think our capital is Sydney, our soccer team can never make it to the world cup, Fosters is synonomous with us everywhere outside Austalia but is undrinkable to most Australians, our new submarines are noisy, Paul Hogan seems to be mistaken sometimes for a national ambasitor, our Prime Minister has the charisma of a block of wood, and one of the most popular politicians in recent history was just locked up for three years because she was too stupid to understand our electoral funding laws.

    The only thing we have to be proud of is our judicial system, the guys who blocked the Gordon below Franklin damn even though blocking it was COMPLETELY unconstitutional it was just right, the guys who locked up Pauline Hanson, the guys who fined those record labels, the guys who don't give a DAMN about what the big guys say about what you can and can't do with your own stuff. They make me proud to be an Australian,

    Even though in Australia it is unpatriotic to be patriotic (or at least you are judged to be a weeny if you are). It is times like this when I would like to press my hand to my chest, salute our crappy, halfarsely designed flag, scull my VB (not Fosters, YUCK!) and sing "Advance Australia Fair" at the top of my voice (even though it was written by white supremists, at least it is not about a suicidal sheep duffer).

  • by emil ( 695 ) on Friday August 22, 2003 @10:16AM (#6764612)

    I am a U.S. Citizen, and I would like nothing more than to see all members of the RIAA and the MPAA dry up and blow away. I am certainly not alone in this view.

    I look upon the recent financial woes of many of these corporations with schadenfreude - pleasure at the woes of another.

    These organizations are making the US into a police state. They have orchistrated a coordinated attack upon our Bill of Rights, and they make a mockery of copyright law.

    That they are suffering now is no great surprise. May it continue.

  • by Chuck Chunder ( 21021 ) on Friday August 22, 2003 @10:43AM (#6764858) Journal
    I've never seen anyone adequately explain why but there are indeed cases where people get done for parallel importing DVDs for resale [eyo.com.au].

    I can understand why it might be a breach of the Classification act as what you are selling may not have passed through the required rating procedure.

    But I can't understand how the sale of something can be a breach of copyright.
  • by Requiem ( 12551 ) on Friday August 22, 2003 @11:24AM (#6765228) Journal
    Let's not forget softwood lumber tariffs, which have cost the Canadian lumber industry thousands of jobs.
  • by sirbone ( 691768 ) on Friday August 22, 2003 @01:07PM (#6766461)
    What the current administration is seeking is not free markets. A free trade agreement is about 1 sentence long. Here's a sample:

    "Your country's people may freely take goods and services not subsidized trough taxes and bring them into our nation to sell to anyone at any price they are willing to pay, and our people may do the same in your nation."

    Anything with tens of thousands of pages of regulations and restrictions, like the WTO/GATT, is not free trade. It's managed trade. Basically the current (and previous since Clinton made GATT) administration's idea of "free trade" is moving managed control from the federal level to some global pseudo-government entity, like the WTO. Either way it is restricted, controlled trade. This is not only anti-socialism (the socialists being the primary WTO protesters) but it is also anti-capitalism, since capitalism is about trade of labour amung willing individuals (with property being the end-product of labour) without outside forces controlling their labour transaction. And when trade is controlled by government entities it is pretty much a given that it will be used to the advantage of those in power rather than to promote actual free trade.

    So you have a good point in seeing policies that fly in the face of "loyalty to global 'free markets'". Even the WTO flies in the face of such, being an organization that *controls* trade. The bigger picture truly is that the administration has no loyalty to global free markets. It has loyalty to market systems that it can weasle the most power from, like any other administration unfortunately would, including Clinton's from which the WTO was born.
  • by ahacop@wmuc.umd.edu ( 63340 ) on Friday August 22, 2003 @02:13PM (#6767117)
    I find it rather odd that imported CDs are cheaper in Australia.

    I run an independent record label and I get my CDs manufactured in Australia precisely because it is CHEAPER for me to do so!
  • by Hamster Lover ( 558288 ) on Friday August 22, 2003 @02:54PM (#6767485) Journal
    "Mr Aldonis' comments came despite the US raising concerns about parallel importation legislation in its 2003 Foreign Trade Barriers report. Parallel importation permits the importation of a product by a person other than the local authorised distributor.

    The US Trade Representative warned parallel importation had led to increasing piracy of DVDs and VCDs."

    The US maintains that importing identical commerical copies of music or video from another country is equivalent to piracy? What balderdash.

    To put this is perspective, if a company in China found a better deal on wheat in the Ukraine than what their "authorised distrubutor" of American wheat in China could offer them, then that company engaged in wheat piracy?

    I am of the mistaken belief that free trade was meant to foster GLOBAL trade, not regional cartels.

    Authorised Distributor is now another term for MONOPOLY. What a hypocrital nation the US has become.

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