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Australia-U.S. Trade Agreement Contains DMCA-like Provisions 279

femto writes "The text of the US-Australian Preferential Trade Agreement has been released. It has significant implications for Free Software and the Public Domain within Australia. Implications include extension of copyright terms (death to the Public Domain & Gutenberg Australia), software patents (death to Free Software) and the DMCA (death to fair use). It is not yet law. The Europeans have shown that software patents are not a done deal. Now is the time to write letters to members of the House of Representatives and the Senate. Join the EFA. Contact your local library. Sign up to the mailing list to organise opposition. Just make a noise during this year's federal election."
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Australia-U.S. Trade Agreement Contains DMCA-like Provisions

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  • by Space cowboy ( 13680 ) * on Saturday March 06, 2004 @09:06AM (#8484214) Journal
    I find it heartening that the 'net is used against things like this - that ordinary people have the power to make themselves *really* heard. That 'organisation' is freely available and effectively free, and that the playing field, if not exactly level, is at least eroding to a flatter plane.

    Democracy has always been touted as the 'Will of the people'. It isn't, of course (at least not in modern times) because of the scale over which it operates. It used to work when communities were small, and it would work better if voting (though it ought to include a 'None of the above' were compulsory.

    What this meant was that the illusion of democracy was maintained, while those in power could essentially do as they wished, until it was necessary to promise the earth again at election time. Now, though, with free availability of information, that power is lessening. Ordinary people such as you or I really can organise large-scale demonstrations without being an Organisation (and hence subject to pressure) ourselves. This is good.

    The European patents debacle was a case in point - the Raconteur was lobbied by (gasp) individuals! These people wanted to talk to their representative and make their point. Such radical behaviour was completely unexpected, and caused the Speaker in the final debate to apologise to her for that indignity. Sad, isn't it. Let's hope they get used to it soon :-)

    (BTW: (1) apologies to Will, (2) None of this is aimed at any government in particular. The phrase "Democracy is the least-worst form of government we've found to date" applies across the board, IMHO)...

    Simon
    • by n3m3sis ( 756566 ) on Saturday March 06, 2004 @09:09AM (#8484221)
      "Democracy has always been touted as the 'Will of the people'. It isn't, of course (at least not in modern times) " Really democracy nowadays resembles like a dictatorship to me where the writ of a few ppl counts more than the whole world opinion!
    • by zzxc ( 635106 ) on Saturday March 06, 2004 @09:45AM (#8484336)
      Lobbying takes money. Thus, the "software industry leaders" (who Congress assume are the ones affected by software patents, not end "users"/"consumers") can say how software patents are absolutely necessary, even when they cross-license them to each other anyway. Thus, those with money want the law to guarantee them a monopoly on logic. Human innovation should be allowed to flourish whether or not said inventer is hired by supercorporation X.
    • by Amiga Lover ( 708890 ) on Saturday March 06, 2004 @11:16AM (#8484724)
      I don't like this any more than anyone else, but the inclusion in the slashdot short of "Death to fair use" is very misleading. Nothing can affect australia's copyright "Fair use" provisions because australia never HAD copyright "fair use" provisions.

      To make any part of a copy of a copyright, australians ALWAYS needed explicit permission from the copyright holder to do so. Things were never any different.

      This would be like an article related to the US with a writeup that "OMG this new law means we now no longer can take our children out the back and shoot them". You never could... legally.
    • "It used to work when communities were small, and it would work better if voting (though it ought to include a 'None of the above') were compulsory."

      Yikes!

      If I knew that every person where I lived was *forced* to vote I'd be looking move to a place where this was not the case.

      Just imagine how quickly American Politics,or that of any other "democracy," would reduced even further to the lowest-common-denominator if everyone was *forced* to vote.

      I put democracy in quotes because, technically, the USA is no
      • Actually, I believe that Australia does have compulsory voting (some Australian please correct me if I'm wrong) -- and apparently, their politics are no better or worse than ours, and not even all that different.

        My hypothesis is that for "every bigoted/ignorant/stupid/closed-minded person who currently does not vote being forced to do so", there would be some reasonable person -- who currently doesn't vote for a variety of reasons, be it as a form of protest against the system, because they're jaded and cy
        • Re:Compulsory Voting (Score:5, Informative)

          by Narcissus ( 310552 ) on Saturday March 06, 2004 @02:31PM (#8485887) Homepage
          Correct: voting in Australia is compulsory (well, at least turning up and getting your name crossed off is).

          I honestly believe that this is a good thing. I think that Australians in general have a better understanding not only of international politics, but also of what's happening internally, too. They don't necessarily know names, but they do know fairly well the various stances on policy (and I don't just mean: "Oh, the Labor Party? They're for workers rights").

          I think that at some level, this increased knowledge is influenced by our requirement to vote. Yes, a lot of people submit blank ballots and donkey votes, but this is more a show of lack of faith than not turning up to vote ever could be. A lot of people figure that if they have to vote, they may as well do it properly.

          That can't be a bad thing, I don't think.
      • by dmiller ( 581 ) <djm AT mindrot DOT org> on Saturday March 06, 2004 @06:42PM (#8487505) Homepage
        I don't think that attendance at a voting station ever couple of years is too much to ask of citizens in return for all of the benefits of a healthy western democracy. Note that in Australia, only attendance is compolsory - it is legal to return an blank vote once you are there.

        As to your fears of compolsory voting inducing politics to reach the "lowest common demoninator", I'd have to say that the US is far closer to that than Australia. We don't have the cruel and bitter personal attacks in mass-media political advertising, mudslinging and insinuation that seem characterise US politics. We certainly wouldn't get hung up about any political candidate's "war record" or lack thereof. (OTOH our capacity for cheap political stunts is up there with the best...)

        Perhaps you should consider the converse: that the requirement of people to remain engaged with the democratic process causes them to care a little more about the outcome. It is not an option to merely opt-out and cynically consider politics a distant game, over which citizens can have no effect.
    • Australia is giant country, so there's plenty of room for new prisons to hold the tens of thousands of ordinary people that will be made criminals in order to satisfy the fantasies of American corporations.

      By the way, did the American prison corporations like Corrections Corporation of America and Wackenhut get any special tax breaks for opening this vast new market for their services?

      • as a great big prison for politically inconvenient persons (Perth notwithstanding).

        Australians have a long history of 'sticking one up' bad authority. This could get interesting (If we're lucky and the Aussies haven't lost their edge lately)!!

        Australia's Govt. tends to be a bit of a lap dog to the US. I think it's mainly because the Brits told us to piss off when we asked for help against the Japanese in WWII (after we sent all those people to fight in Europe) and the US supplied the needed assistance. We
  • by MrRTFM ( 740877 ) * on Saturday March 06, 2004 @09:07AM (#8484216) Journal
    It's too late to do anything about it now - our fucking government signed this over without giving us the full text - we got a scant summary and vague assurances (which scared anyway me in terms of IP rights)

    Well, I say this with bile in my throat, but I for one, do NOT welcome Australias new DMCA wielding overloads.

    • by Michael Wardle ( 50363 ) <mikel@mike l w a r d . com> on Saturday March 06, 2004 @09:18AM (#8484242) Homepage

      Copyright is a law (otherwise known as an act of parliament). It cannot be altered unless a bill passes both houses of parliament.

      The Australian Government has a web site about The Australian Legal System [law.gov.au] that explains all this.

      • So... why did they sign it then?

        The US would be pretty pissed off if they and Australia sign a contract, which AU later says - nope, sorry - it didnt pass through parliment. We wont accept section x.xx

        • The US would be pretty pissed off if they and Australia sign a contract, which AU later says - nope, sorry - it didnt pass through parliment.

          I suggest reading your Constitution. Until the treaty is ratified by the Senate, it isn't worth the paper its written on. So the Australians can be pissed off after we sign it and later say sorry, it was ratified.

        • by SoTuA ( 683507 ) on Saturday March 06, 2004 @11:10AM (#8484692)
          The US would be pretty pissed off if they and Australia sign a contract, which AU later says - nope, sorry - it didnt pass through parliment. We wont accept section x.xx

          Newsflash: That's exactly how it works. People from both governments get together. Work out a lot of details. When the proposition is cool with both parties, THEN it must go through congress on BOTH countries. Otherwise, the prez would be able to sign the country in whatever he feels like, without any oversight.

          At least, that's how the FTA with Chile worked like.

    • You still can have the law removed or an amendment passed, maybe some exception for Free Software ?

      Cheer up, everything is not lost yet.

      • It is also a question of power demonstration. Show that you are a force in policy and the lawmaker will be on your side. Its not easy to stop a running train but on the long run we can make a difference.

        - next WIPo round
        - WTO representation
        - World Summit on the Information Society in Tunis.
    • by jonwil ( 467024 ) on Saturday March 06, 2004 @09:24AM (#8484259)
      Before it becomes law and is in effect.

      Therefore, contact your representatives and senators (particularly those senators who hold the ballance of power and are able to influence the passage or blocking of this) and let them know that the FTA is bad (not just for the IP laws but for the way it does absoultly nothing worthwile for our farmers and generally gives far more to America (and especially large american companies) than it does to Australia)

      Unlike America where the passage of the FTA is a done deal (as long as the unmarked bundles of bills in the unmarked black briefcases get into the hands of the polititions that they are supposed to be bribes to anyway), its by no means certain that the FTA will pass in australia.

      One thing to remember is that, unlike many bills that have passed through the senate after the government did deals with the minor parties and aggreed to some amendments, the FTA cant be ammended and has to be passed as-is.
    • As others have pointed out, this still needs to be passed through both Houses.

      However, you can help me by taking your frustrations and channeling them into supporting me run for election, so if successful I CAN do something about it directly.

      In fact, if you are so inclined, why not run yourself, either as an independent or as part of my new party?

      Interested? See my sig for my party website and jump into our forums there to voice your thoughts.
      • Seems to me your party would be a lot more successful if you, at least in the beginning, didn't charge a membership fee. Why not just offer a quick online signup... almost like joining a forum? People probably won't be that willing to pay actual money to join a party of 11 members that has little prospect of eveb getting on the voting slip. That's how the big parties almost certainly started - like-minded groups of people getting together, but *not* charging each other money to congregate!
        • by Quizo69 ( 659678 )
          Um, you did read our Membership and Forum pages didn't you?

          We aren't charging any Membership UNTIL we get 500, that way no one is out of pocket until we are viable as a registered party. In fact, we even have an open poll in our forum asking people how much a membership fee should be, so those interested will have a direct say in how much they are paying, plus we have a clause in our Constitution to make sure the fee (whatever it ends up being) will not be raised by more than 10% in any calendar year.

          Also
          • I did indeed see that. However it would seem more sensible for you simply not to EVER charge a fee to the first x thousand members, rather than promising a fee sometime in the future; the mere words 'membership fee' are probably stopping a few people from joining.
      • Very interesting, you should also consider trying to do a campaign to reduce copyright lengths, maybe to 20 years like patents.

        I was also hoping to join an activist group / campaign (politically if they have one) at the local, national or international level to try and reduce copyright lengths. (The creative commons [creativecommons.org] and Larry Lessig's blog [lessig.org] are good sites but are not a campaign for copyright reduction laws per say).

        If they can pass laws that keep on extending copyright law, I don't see why there can't be

    • by TDRighteo ( 712858 ) on Saturday March 06, 2004 @09:41AM (#8484322)
      Fortunately, the changes the FTA requires will require *multiple* bills to be passed, and given the current political climate, the deal will probably be held up until the next election:

      The Greens will want the bills killed simply on principle;

      The Democrats will probably insist on fine tuning the wording until it looks nothing like the FTA anymore, or the election comes and they lose half their senators;

      The independants will probably decide they need some time (read: a few years) to be sure everything meets their approval;

      And the ALP will probably reckon that they can get more by bagging the agreement as a sell-out than they can by passing it in "the interest of Australian jobs".

      Of course, after the election all bets are off, and if the PM calls a double dissulution he could simply bypass the senate in a joint sitting, rather than brow beating it into signing.

      However that's a long way down the track, and depends very much on winner.
    • by Evil Pete ( 73279 ) on Saturday March 06, 2004 @09:41AM (#8484325) Homepage

      Signature means nothing. It has to be PASSED into law by the Parliament / Senate (or whatever in the US). The Labor Party needs to be made aware what the DMCA implies and the Greens and the Democrats (if they can hold a rational thought for more than 30 seconds these days) ... that will give a Senate majority to reject it. The parties are merely talking about the value in monetary terms at the moment (even there it doesn't look too good) and need to consider deeper issues. Did I say that ? Politicians considering deeper issues ? I must be nuts.

    • If you read section 17 of the FTA, it saya both parties/nations/whatever they call themselves, have to have legislation that does this.

      So any attempt by /.ers, FSF, EFF etc to get the DMCA repealed will fail if the FTA gets up as the US gov will state but we have to abide by the FTA with Oz, and have legislation that enforces such restrictions.
  • by godIsaDJ ( 644331 ) on Saturday March 06, 2004 @09:13AM (#8484228)
    I know this is gonna be unpopular, but this is the result of capitalism being taken to extremis.

    Europe is based on capitalism, sure, but culturally is different and hopefully capitalism will not reach the extremes we see in the USA.

    It's like big corporations and economical lobbies (a small percentage of the population, surely) can dictate the law to a degree which I find scary.

    These kind of agreements are not made to protect the wide public interest but to protect big corporation's sources of income. This is done in ways that will, in the long run, prevent progress and sharing of ideas... Unpopular but I had to say it!

    • by orin ( 113079 ) on Saturday March 06, 2004 @09:27AM (#8484266)
      One controversial aspect of the FTA that the US side was pushing for was the dismantling of the Australian Pharmaceutical Benefits Scheme. The PBS is a list of specific medicinal drugs subsidized by the Government. I think it involves limiting of prices on the part of the manufacturer as well. Only certain medicines get on the PBS, but it means that the cost of treating a lot of medical conditions is lower as the pharmaceutical company's take is less. The giant US pharmaceutical manufacturers wanted to scrap this scheme and charge whatever they decided the market rate is. The conservative government in Australia knew that if it caved on the PBS, it would be electoral suicide (prices would jump 10 fold for most people using these drugs).
      • by Anonymous Coward on Saturday March 06, 2004 @10:07AM (#8484416)
        And you'll find that if you read the fine print (http://www.dfat.gov.au/) that the FTA does give away Australia's rights. The US drug companies have the right to appeal pricing decisions in Australian courts.

        This is all about the Australian Government selling out on Australia.
    • by Anonymous Coward on Saturday March 06, 2004 @09:33AM (#8484289)
      I know this is gonna be unpopular, but this is the result of capitalism being taken to extremis.
      No, it's corporatism. This is similar in some ways to capitalism, but reducing the freedom of a market is not capitalist.
      Unpopular but I had to say it!
      Unpopular? Here? ROTFL.
    • by NigelJohnstone ( 242811 ) on Saturday March 06, 2004 @09:39AM (#8484319)
      It's not capitalism, capitalism is companies competing in an open marketplace.

      The stuff they're passing is pure protectism, locking out competitors using Patents, Copyrights and DMCA extended trade secrets.

      I'm not opposed to companies protecting their ideas by patents, but I do object when it's common knowlegde they patent!

      I'm not opposed to protecting software with copyright and trade secret, but I object when its protected by copyright, trade secret, DMCA AND patents, all at the same time, even though patents and trade secrets are mutually exclusive!

      I'm not opposed to record companies copyrighting their music, but FOR F*** SAKE, my kids will be dead by the time Britneys songs go out of copyright. Victorian lute music would still be under copyright if these bozos were in power in 1900.

      You have to keep batting this drivel back.

    • by flossie ( 135232 ) on Saturday March 06, 2004 @11:11AM (#8484697) Homepage
      Europe is based on capitalism, sure, but culturally is different and hopefully capitalism will not reach the extremes we see in the USA.
      You are absolutely correct. I have just finished reading an excellent book which explores in detail the difference between American and European capitalism: Will Hutton's "The state we're in" [amazon.co.uk]. I strongly recommend this book.
  • Quite absurd... (Score:3, Insightful)

    by Anonymous Coward on Saturday March 06, 2004 @09:14AM (#8484233)
    I find it beyond reason how free software as it exists today cannot exist under new laws. Laws which are meant to be 'common sense' are hardly that. Who would have anything against or want to alter the state of 'free' software...its free! A technocratic empire in the making I say.

    --"The problem with common sense, is that it's not that common."
  • Revolution? (Score:3, Interesting)

    by samcentral2000 ( 753077 ) on Saturday March 06, 2004 @09:17AM (#8484241)
    Am I the only one getting the feeling that this is all just going to escalate untill some sort of social revolution will be necessary?
    • Things get worse one small step at a time and people accept that. If you want a revolution to happen, you'll need to make a large group of people feeling very unconfortable (unconfortable as in food shortage or very high crime rates, not just missing TV for a few days or even losing some freedom) and be a leader. People rarely rebel unless they are forced to and have a person acting as a leader and therefor taking responsibility for the whole thing.

      Change is necessary. And I hope we can make that happen
    • Re:Revolution? (Score:2, Interesting)

      by Joel Carr ( 693662 )
      Am I the only one getting the feeling that this is all just going to escalate untill some sort of social revolution will be necessary?

      You certainly are not. I've never posted this before for a number of reasons, but what the heck here goes. I'll probably be modded into oblivion for it, and I wouldn't blame people for it. I would have done the same thing not long ago.

      I think in times to come there will be modern day revolutions of sorts in Western Nations. The more and more the average person has their
  • Boilerplate FTA (Score:5, Interesting)

    by orin ( 113079 ) on Saturday March 06, 2004 @09:18AM (#8484244)
    Some of the reports I've read suggest that the USA/.au FTA is "so good" that it will be the basis of future US bilateral free trade agreements. So what Australia cops today, other countries seeking an FTA with the US will cop tomorrow.

    As for the carrot and stick. The current .au government has yet to show us the carrots in this deal, all we seem to be getting is a whole lot of stick. Speaking of which, isn't it funny that two of the most vocal "drop agricultural barriers" advocates at the WTO didn't drop any agricultural barriers between them when they negotiated a bilateral FTA?

    I'm sure the New Zealanders (who were excluded from a US/NZ FTA because they wouldn't join in with Iraq and won't allow nuclear warships in port) are really upset that they missed out on this one.
    • Re:Boilerplate FTA (Score:4, Insightful)

      by BiggerIsBetter ( 682164 ) on Saturday March 06, 2004 @09:27AM (#8484267)
      As a New Zealander, I just hope our government doesn't bend over for the US in hopes of getting better trade deals. Generally the people here are quite happy without deals that sign away our rights for the sniff of a few extra dollars for a select few.
    • Re:Boilerplate FTA (Score:2, Interesting)

      by jadel ( 746203 )
      From what I've seen of the FTA (this mornings paper had an interesting summary) most of it is beneficial to Australia. It does benefit the manufacturing sector more than agriculture but manufacturing is in dollar terms about ten times the size. For that matter neither would be worse off than if the agreement didn't exist.
      The alterations for copyright are annoying but IMHO not fatal, its extension of software patents that has me worried.
    • Re:Boilerplate FTA (Score:3, Insightful)

      by Anonymous Coward
      I'm sure the New Zealanders (who were excluded from a US/NZ FTA because they wouldn't join in with Iraq and won't allow nuclear warships in port) are really upset that they missed out on this one.

      Actually, history has shown that the New Zealanders have done fine without the blessing of the United States. Thank God they've had the guts to stand up for themselves, unlike the current Australian Government.
  • by dysprosia ( 661648 ) on Saturday March 06, 2004 @09:19AM (#8484247)
    It just shows how extending copyright, for one, really has no benefits for the general public. The only reason for enacting these sorts of copyright laws is to ensure that Australia is still in the "good books" with the US and the vested parties will get their royalties/fees...

    One interesting point is that in Aus, since the copyright laws are (as yet, still) different, Project Gutenberg of Australia can host certain texts, including some Australian texts which would be public domain, but if this agreement goes ahead, some of these texts [gutenberg.net.au] would be illegal to distribute...
    • "It just shows how extending copyright, for one, really has no benefits for the general public."

      Well, not really. Look at it this way: if there was no copyright protection at all, can you see why that would make it harder for artists etc. to make a living selling their work?

      If you agree that no copyright at all would make it harder for artists to make a living being artists, would you also say that some may reasonably consider that to be a loss for the general public?

      So, now give a copyright term of

      • Of course copyright is important and necessary, but this agreement aims to extend copyright from +50 to +70 years, also with some other associated strings.
      • Essentially, the longer the term, the more incentive (here, meaning financial potential) there is for artist to keep selling her work, and again, some argue that can encourage such work and help artists to make a living.

        I would think the longer the term, the less incentive for an artist to produce new work, and the more scope to keep pedalling old work still in copyright. Therefore to benefit society (and keep the artist innovating) the term should be long enough to allow just enough reward, and short eno
        • "But at the end of the day, for fuck's sake, ars gratia artis. All this talk of "incentives" makes musicians sound like salesmen. I don't wanna buy no warez, I want art."

          Nope -- that's easy enough to say, and it may appeal to some here, but working musicians, just like other folks (and certianly other artists) want to be paid for their work.

          And trying to pass off musicians as salesmen just for being concerned abount making a living, that simply tells me that you're not one of them.

          • I would think the longer the term, the less incentive for an artist to produce new work, and the more scope to keep pedalling old work still in copyright.

            This is what I've been trying to tell you also. You never have responded to it. You keep on saying that if you're against copyrights, it's because you're not in the creative arts. There are plenty of working artists who know that copyright is BS. I'm not saying that's what the parent believes. This reminds me of the dock workers trying to stop containeri
          • And trying to pass off musicians as salesmen just for being concerned abount making a living, that simply tells me that you're not one of them.

            And this tells me you're more interested in pumping your own argument than actually reading and replying to my post.

            Moron.
            • While the insults aren't necessary, I noticed he responds the same way to me. He looks for extraneous(sp) or unrelated statements and responds to that., avoiding the real meat of the arguement. Something tells me he's really into the IP business, and he doesn't want anybody to kill off that golden goose.
              • While the insults aren't necessary,

                You're right, I didn't need to insult him (her?). However, /. is a discussion site. I consider it good manners to read a post to which I reply and to make a responses to it which are at least intended to answer it. Anything else just wastes everybody's time. Perhaps I should just have ignored him, but sometimes I think it's good to get a well-meaning verbal slap (even if it takes a while for the slapee to appreciate it).

                I think it's probably a bit of a stretch to say h
                • Even the creative arts have been reduced to a business now. It seems more involved with protecting IP than producing actual art. He may be corcerned about the house of cards that's about to come tumbling down on him, and while he may be very articulate in its defense, it doesn't make him right.
                  • I'm a him, and my skin is thick. Being called a moron on Slashdot ain't a biggie.

                    In all honesty, I don't really see the point in arguing with you (iminplaya).

                    You fall into the "techno anarchist" camp, and in our last discussion you maintained that if somebody wants to sell copies of some musician's work without her consent, that should be their decision to make -- that there should be no protection whatsoever.

                    And likewise, that there should be no protection when GPL code is copied into a closed commer

                    • In all honesty, I don't really see the point in arguing with you

                      That's because you have no legitemate argument. You have a business model that you need to protect, no matter how it harms other people. I was very comfortable with my job at the tv station, and I sure didn't want to rock the boat either. I understand the feeling. When things get that easy, you don't want to change a thing, no matter how necessary.

                      You fall into the "techno anarchist" camp...

                      It that a bad thing? Anarchy means (to me anyway
                    • Look, the vast majority -- even the vast majority of Slashdot folks -- don't agree with your "techno anarchist" viewpoint -- that in the world we live in now, that it's ok to sell an artist's work without her concent, and without paying her for doing so. Likewise going ahead and using GPL in closed projects, as you see fit.

                      You believe it, and I'm not going to bother trying to convince you otherwise.

                      Let me ask you: how old are you, and what do you do for a living?

                    • You're probably right. Maybe slashdot should do a poll to find out. Of course the majority is ALWAYS right...right? or only if they agree with you? I guess you'll never get it into your head that everything just might work out without the law. That people just might respect each other's rights. Naw...not in today's world. I guess we have a goal to work towards now, don't we? I can tell you one thing. Supporting bad laws just so your life might get a little easier is definitely a "bad thing". You should base
                    • You're absolutely right -- majority does not rule, though I'd now apply that same logic to file-sharing -- just because a lot of people do it doesn't make it right.

                      Seems you missed my question, and I think it's relevent -- how old are you and what do you do for a living? You don't have to give anything personal, or that may identify you, but I think it should help.

                      As for me, I'm 35, self-employed, and I sell my own software for a living.

                    • ...just because a lot of people do it doesn't make it right.

                      Just because the law says it's wrong doesn't make it so.

                      ...how old are you and what do you do for a living?

                      I'm going to let you speculate on that. I find the assumptions made about me very amusing, and I need the entertainment sometimes.
                    • This is the beauty of the net. You can't pump up the value of a product simply by making it scarce. Now it will have to depend on its quality. To any artist/company to tries to lock down their product after initial release I say, "Screw you." I'll find it somewhere else then.
      • True, and I agree with you; but it's not really relevant to this situation. Australian copyright law allows works 50 years *after the author's death* to enter the public domain; some of these are still in copyright in other countries because their terms can allow work to remain in copyright more than 50 years after the author's death. Since the author's death is the important bit, I don't think Australian copyright law as it is now is in any way keeping new works from being written; after all, one can neith
      • Well, not really. Look at it this way: if there was no copyright protection at all, can you see why that would make it harder for artists etc. to make a living selling their work?

        This is a false dilemma. The choice is not only between copyright as it is now and no copyright.

        Copyright, as a concept of trying to equate real, physical property and "intellectual" property, is broken.

        However, this does not mean people shouldn't receive credit for their creations and should be placed in a position where they

  • by Locky ( 608008 ) on Saturday March 06, 2004 @09:19AM (#8484249) Homepage
    Under existing Australian copyright law you're not allowed to create backup copies, even if you can legitimately prove you own the property in question.

    I fail to see how DMCA-like provisions under the FTA will make current law even worse then it already is.

    Not to mention most of the 'free' part of the deal doesn't come into the equation for another 18 years.

    Great job, Mark Vaile.
  • It's not too late (Score:4, Informative)

    by Anonymous Coward on Saturday March 06, 2004 @09:22AM (#8484256)
    Here's what needs to be done:

    Write letters to your MP. Search at the AEC (http://www.aec.gov.au/esearch/) to find the name of yourt local MP. Let them know what you think. While posting to /. is fine for a rant, you could bet London to a brick that your local member dosen't read /.

    Generally make noise. Your local media may be aligned to Fairfax, but they are also slaves to news. MAKE NEWS! Packer has a really bad habit of picking PM's, MAKE NEWS.

    Remember, NZ rejected the war on iraq and the US droped them from trade talks. If you were at any of the anti-war rallies and were ignored - THIS IS WHAT YOU WERE IGNORED FOR! Don't let them get away with it!
    • Re:It's not too late (Score:4, Interesting)

      by Quizo69 ( 659678 ) on Saturday March 06, 2004 @09:33AM (#8484287) Homepage
      Well, whilst I am not YET in parliament, I do read and post to /.

      See my sig for my nascent political party here in Oz.

      I can tell you that we as a party will NOT encourage paper based petitions, but rather we will encourage emails and postings to our forums where the party hierarchy will always be active and responding to posts.

      Snail mail to MPs is a waste of resources IMHO. I'm more than capable of reading emails and postings in forums, so why shouldn't other politicians be? (rhetorical question!!)

      Anyway, drop into our forums and support us so we CAN get into parliament and do something to stop these types of draconian laws.
  • And US citizens... (Score:5, Insightful)

    by j0nb0y ( 107699 ) <jonboy300NO@SPAMyahoo.com> on Saturday March 06, 2004 @09:23AM (#8484257) Homepage
    And we who are US citizens should be pressuring our government to not pressure other governments to implement this crap.
    • by orin ( 113079 ) on Saturday March 06, 2004 @09:38AM (#8484310)
      Though it is going to be a lot harder to repeal in the US if the MPAA and RIAA are able to point to these agreements and say "look, this sort of legislation is standard across the world!".

      Most of the content providers here (film/TV) are already arguing against the FTA because it goes towards dismantling the Australian content rules (so much Australian made content must be shown on TV). Local artists don't seem to be yelling for this sort of stuff.

      Actually the local content rules are responsible for things like Kylie Minogue, Russel Crowe and The Wiggles - so maybe complete domination of the Australian airwaves by reruns of whatever the Waynes brothers are doing wouldn't have been such a bad thing.
  • by Quizo69 ( 659678 ) on Saturday March 06, 2004 @09:25AM (#8484261) Homepage
    I started a political party here in Australia in January, in the hope of getting 500 members and getting ourselves on the federal ballot for this upcoming election.

    Currently we have 11 members. This is pretty slow going. If you're Australian, take a moment to visit our site (see sig for link). Slashdot our PO Box with membership forms if you think we are worthy!!

    The only real way to fight this sort of law is to actually get yourself into the political system by running for and winning in the election. So that's what I intend to do. If you want to help, visit our site and drop into the forums there, or simply read what we are about and see if our ideals match yours. We are based primarily on the internet and have set ourselves up as an open source tech savvy party, meaning that not only do we use open source, but we are making all our documentation, reports and discussions open as well. This is really the only way to make politics accountable again.

    You may also want to consider running for parliament yourself (either through us or by starting your own party - you can even use our Constitution etc as a basis!).

    Anyway, visit us and if interested tell your friends. This is the only way in today's society of getting this sort of law repealed.
    • With the net result of getting a couple of hundred votes at the next election? I don't want to sound too cynical, but sadly, creating a minor party with a political founding on a small number of policy points won't win you an election.
      • I know it's easy to be cynical. Hey, I am quite realistic about my chances. But Australian politics IS different to US politics. Whilst we have two (or three depending on who you ask) major parties, we do also have several minor parties in the Senate which keep a lot of the laws in check. It is here that I am aiming.

        There's a quote that goes something like: "All evil needs to triumph is for good men to do nothing." If you play into the idea that you will never change anything, then you never will.

        Our part
  • by Sergeant Beavis ( 558225 ) on Saturday March 06, 2004 @09:28AM (#8484271) Homepage
    The House of Representatives has nothing to do with this trade agreement. Only the US Senate ratifies treaties. So don't waste time emailing your congressman. Just email your states two Senators.

    • by xixax ( 44677 ) on Saturday March 06, 2004 @09:57AM (#8484393)
      Here in .au, it is well worth hassling your local member (house of reps and senate). When you write to your local member, be sure to ask questions so thaat a reply letter needs to be written and sent. Letter writing is well worth while as it is used by members as a barometer of their electorate, I know this through several people who have worked in rep's offices.

      Xix.
  • I see this as just another example of how the whole world is going towards one global village, where there are no real independent nations anymore.

    In this Village few powerfull entities (like U.S.A currently) tell others what to do, and they will obey.

    Where will this end? My guess is that this will end at One World Dictator (or Countil) who says to every continent, nation, state and individual what they can do and think.

    I really do hope that I am wrong - but I don't think so after following news for s

  • RTFA (Score:5, Informative)

    by sir_cello ( 634395 ) on Saturday March 06, 2004 @09:39AM (#8484316)
    If you read it (Section 17, Intellectual Property Rights), you will find that it:

    (a) requires both parties to sign up to international agreements (as administered at WIPO, including the original WIPO "Internet Treaties" that numerous countries that sign that stipulate that countries must provide for rights management protection and DMCA style provisions);

    (b) then goes through and restates the obligations from those treaties, and a bit more detail about how to implement those specific obligations so that both the US and AU have similar procedural systems in terms of law enforcement, administration, judicial review, etc;

    The international treaties are typically substantive only (e.g. berne, paris, madrid, etc): they harmonise minimum requirements for parties to the treaty and do not specify the way in which parties can implement those obligations. For example the WTO TRIPS agreement is signed by some 150+ countries and it sets _minimum_ level of IP protection that these countries should implement, but it leaves a _very_ wide gap about how each of those countries go about implementing.

    What this agreement seems to be doing is making sure that (a) the US and AU both adhere to the relevant treaties; (b) they then implement the treaties in compatible ways.

    This really doesn't have that much of a bearing on DMCA style provisions, since many countries are already signing up to the original treaties in the first place. The fact is that without this US and AU agreement, both US and AU would sign up to the treaties anyway.

    I suggest that anyone protesting about this first understand the total picture, otherwise the protests are going to be discarded as they'll be considered to have come from a bunch of people that don't really understand nor know what they are talking about. That's a fact of life.

  • Unlike the Australian Government and the press, at least Slashdot doesn't refer to it a Free Trade Agreement.
    Who are they trying to kid??!! It's only "free" if you ignore the exceptions and conditions of the deal!
    It's like saying that Microsoft provides "free" software - except you have to pay for it, and provided you accept
    the End User License Agreement...

    Unfortunately, the media is concentrating on sugar being left out of the deal - it wouldn't surprise me if this is a
    cunning ploy to divert attenti
  • by Anonymous Coward
    I for one welcome our US overlords

    karma be damned I'm saying what I really think

    we're fucking sick of your shit america. why don't you clean up your act before you peddle your bullshit laws in front of us. you really think you're the center of the world? well guess what? fuck you!

    one day it's going to become very clear. the rest of the world hates you. What do you think this war on terrorism is about? it's because we hate you and this bullshit you're pushing on us.

    there are so many things wrong
    • Don't blame the American goverment for persuing the interests of those that hold their purse strings.

      Blame the Howard goverment for agreeing to the TA and for all the lies and manipulations that are bound to come our way over the next few months.
  • by Bruha ( 412869 ) on Saturday March 06, 2004 @09:58AM (#8484395) Homepage Journal
    legal incentives for service providers to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials.

    Sounds like a veiled threat to those who seek to keep their customers anonymous against the rulings from the courts of the US allowing ISP's to keep their customers anonymous.

    In fact all of section 29 seems to hint at giving copyright holders the ability to not only Sue the originating ISP but any other ISP/Telco/CLEC/RBOC etc for even passing off the traffic to their peers. IANAL but that seems to be one of the worst parts of this agreement.
  • by Anonymous Coward on Saturday March 06, 2004 @10:02AM (#8484407)
    from: http://gutenberg.net.au/protest.txt

    A volunteer has prepared a letter which could be sent to the Prime Minister or to your local federal member of parliament. If you would like
    to use it, please save it to your PC (from the FILE Menu choose SAVE AS), print it out, sign it and send it to the parliamentarian of your choise at

    Parliament House
    Canberra.

    * * * * *

    Dear Parliamentarian,

    With much concern I learned about the proposed extension of copyright to life+70 years in Australia under the misguided banner of harmonisation of copyright terms with the US and the EU.

    The following arguments show why the change of the copyright laws are bad;

    1.)
    No scientific, independent, economic study has shown any public benefit from such a sweeping copyright extension. On the contrary, this extension causes considerable public harm.

    The harm is caused by the fact that it extends the period that the public will be required to pay fees for the use of works. It reduces the timeframe in which potentially fragile media can be copied with a massive twenty years: resulting in a tremendous threat to our cultural heritage.

    This legislation is only beneficial to the very small group of 'classic' works that are still exploited, a century after publication. -- it
    therefore very much appears to be legislation inspired by private interests and moneyed lobbying. As an example of this, the Allens Consulting group published a supposedly independent, but highly biased report under the title: Copyright Term Extension: Australian Benefits and Costs ( see http://www.allenconsult.com.au/resources/MPA_Draft _final.pdf).

    This report was commissioned by a clear stakeholder, the Motion Pictures Association.

    Some very important notes to this report by the well known U.S. copyright lawyer Lawrence Lessig are available online on his web site.
    (http://www.lessig.org/blog/archives/001522 .shtml# 001522)

    2.)
    In article 27 of the Universal Declaration of Human Rights the access to cultural heritage is placed before the protection of individual author's rights, this indicates a clear priority of importance.

    The proposed extension is in direct contradiction with this, and damages the careful balance between author's and the public's rights that the
    UDHR requires.

    3.)

    ALL works published before 1923 are and will remain in the US's public domain!

    Harmonisation between Australia's and the US's copyright laws would imply that Australia too places such works in the public domain, but, that cannot and will not happen (due to the australian 'death + 50 year' rule).

    Will these (Australian works) be in the Public domain in US and not in Australia?

    It is therefore clear that the proposed extension of our copyright laws does NOT lead to harmonisation.

    4.)

    The largest part of the world population lives in countries that maintain a life+50 regime for copyright, including all Australian neighbours.
    A lot of arguments can be made to remain harmonised with these countries, many of which have not shown any intention to extend their copyright period.

    5.)

    It is not a requirement for the free-trade status with the US to be linked with the life+70 copyright protection. Canada already has free-trade relations with the US without being required to adjust its copyright term from life+50 to life+70, and, has no plans to do so
    either.

    6.)

    The benefits of this extension seems to go to a small group of people who, in all likelihood, are only remotely related to the original authors
    who have been dead over 50 years. Only in some exceptional cases will children of authors benefit from this extension, in some cases
    grandchildren, but in most cases corporations who often have no emotional connection with the original author.

    7.)

    The long time span after publication of a work and the life span of the author increased with 5
  • by Anonymous Coward on Saturday March 06, 2004 @10:53AM (#8484614)
    As an Australian, this is just one disappointment in an ongoing series at the hands of the present government. They cut health, cut education, took us to war in Iraq and now are further removing our freedoms with the implications of this "Free Trade" (oxymoron?) agreement. There is a fantastic TISM (Australian cult band) song which needs some air time these days: "Australia, don't become America"

  • software patents (death to Free Software)

    Repeat after me: software patents are absolutely not in the least specifically detrimental to free (or open source) software! They are bad for virtually *all* small scale and/or independent software developers. This includes pretty most SME's. Of course, free/open source developers are also often among them, but definitely not always (think IBM).

    If you want to have even the smallest chance of convincing a majority of politicians about the fact that they should

  • It might be originally called United States of America. Now it must be called Dictating States of America. They ignore traditions and values of other countries - they want everything be their way. They ignore international laws - none of Americans committed a war crime in Iraq (like killing wound prisoners) will face International Crime Court. They ignore a common sense either - their own IP laws do not make any sense even for their own citizens. And now they are coming to make a dictatorship over the world
  • Link to "IP" part of text. [dfat.gov.au]

    Article 17.2 paragraph 2 requires trademark protection for sounds and scents!?! WTF? A quick Google search [google.com] turns up that the US has issued trademark protection for several such scents but it is uncertain if any of them are currently active, and that the EU has issued at least one scent trademark.

    Article 17.4 paragraphs 7 and 8 exactly lay out the US's DMCA DRM-enforcment and copyright-managment-information provisions.

    Article 17.9 paragraph 1 defines "capable of industrial appli

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