Australia Backs Down on Draconian Copyright Laws

AcidAUS writes "The widely-publicized reforms to Australian copyright — which would turn iPod, camera phone and DVD recorder owners into criminals — have been significantly amended. The amendment bill was passed this past Friday, after the changes were put into place. The Labor and Green parties still have problems with the bill as it exists, but the Labor party (at least) wants to let it go based on the fact that it is 'a million times' better than the original proposed legislation." From the article: "Following an outcry by industry bodies and the public, [Attorney-General Philip] Ruddock amended the bill. 'The Government has listened to the Senate Committee and stakeholders and has improved the effectiveness of the reforms,' Mr Ruddock said in a statement. 'The amended reforms make it clear consumers can transfer the music they own onto devices such as iPods and enable the next wave of technology by allowing people to record a TV or radio program on mobile devices to watch it at a more convenient time.' The amendments also removed on-the-spot fines for some copyright offenses, to ensure they didn't 'unintentionally capture harmless activities of ordinary Australians'."

But seeing the close ties that this govenment has

[Silas Palmer-Cannon]

But seeing the close ties that the Howard government has with MPAA type industries (as well as commercial broadcasters) these updated reforms are a great surprise. I personally wouldn't have been surprised to see them go the whole hog and make just about everything illegal.

They miss the point the copyright

[l2718]

"The amended reforms make it clear consumers can transfer the music they own onto devices such as iPods and enable the next wave of technology by allowing people to record a TV or radio program on mobile devices to watch it at a more convenient time," according to Attorney-General Ruddock

From where I'm sitting this is a misapprehension of the way copyright law is supposed to work. His approach seems to be as follows: Start with the assumption that all copying is bad. Then theorize what the next wave of technology is going to be, decide that you like it, and carve out special exemption for this technology from your draconian law. Rather, you make the law ignore technology and concertrate on the content. I think the original American system (reasonable copyright term coupled with "fair use") would be quite sufficient today, for example.

Re:Ah, Daddy I want a pony

[soft_guy]

"I predict you would have little success running for public office with this talking point."

Well, maybe they shouldn't enact a tax on kids..but, for sure they shouldn't get a tax break, which in essence is making people without kids pay the extra for the ones that do.

:-)

Yeah, I know...wouldn't be too popular...but, it sure isn't fair the way it stands right now.

I shouldn't be penalized for being someone who chooses not to have kids...because he doesn't want them.

The tax incentive you are talking about is simply the concept of claiming dependents on one's income tax. If you end up (for whatever reason) taking care of an elderly relative, you would qualify for the same tax break.

I certainly would have no problem with eliminating all income tax and just eliminating the pork in the federal budget to pay for it (kill NASA, Amtrak, no optional wars, get rid of most federal workers, etc.)

Australian Gov Post FAQ

[nighty5]

Australian govt just posted this FAQ which is in plain english what the bill means.

URL: http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.n sf/Page/RWPC7B0742318EF6A58CA25723B008145FC [ag.gov.au]

And here is the text for the lazy:

Copyright Amendment Bill 2006 - Frequently Asked Questions
Criminal provisions

Can I still sing Happy Birthday in a public place?

Yes. Even if the words or lyrics to Happy Birthday were still in copyright in Australia, simply singing it in public would not be enough to attract criminal liability. There are no on-the-spot fines for this conduct.

Is it an offence for a 14 year old to record himself or herself lip-synching a pop song and post it on the Internet?

Recording yourself lip-synching a pop song may mean that you are making an unauthorised copy of the sound recording. However, posting the recording on the Internet will not in itself constitute a criminal offence.

If the recording is posted for the purposes of trade, it may amount to a criminal offence and be subject to an on-the-spot fine.
Recording television and radio for a later time ('time shifting')

Do these amendments mean I can record my favourite television or radio program to enjoy later?

Yes. You will be able to record television or radio broadcast programs to enjoy at a more convenient time. You can record a broadcast and view or listen to a recording inside or outside your home including on a mobile device.

Does this mean I can keep a library of copied television and radio programs?

No. There is an important difference between 'librarying' and 'time-shift' recording. Librarying is building up a collection to keep indefinitely for repeated use while time-shifting is recording a broadcast at a time when the person can't view it so it can be watched at a later time. A time-shift copy can't be kept permanently for repeated use. However, DVDs and sound recordings of popular broadcasts are increasingly available for purchase.

What can I do with the recorded program?

You can watch or listen to the recording with your family and friends. You cannot give away, sell or hire a recording or play it at school or work or to any other kind of public audience.

Can I share a recording over the Internet?

No. Uploading the recording to the Internet to share with others would continue to be subject to civil and in some circumstances criminal liability.

Can I record a program from pay-television?

Yes, if you have paid the subscription fee to watch the program.
Copying music in different formats ('format shifting')

Will I be able to copy my music collection onto my iPod?

Yes. You can format-shift music that you own to devices such as an MP3 player, X-Box 360 or your computer.

Can I copy a music download to a CD or MP3 player?

Yes, if you have purchased a legitimate copy.

Will I be able to share my music collection with a friend or family?

You will not be able to sell, loan or give away a copy you make to a friend, but a friend can listen to your music with you. You will be able to loan your copy to a family or household member.

Can I share the copy over the Internet?

No. Uploading the copy to the Internet to share with others would be subject to civil and in some circumstances criminal liability.

What if my CD has copy protection applied to it?

You cannot circumvent an access control technological protection measure (TPM) on a CD or music file to make a format-shift copy. However, most CDs and all vinyl records, do not have TPMs. Most record manufacturers still do not apply TPMs to their CDs.

Will I be able to format-shift other kinds of copyright material as well as sound recordings?

Yes. You will also be able to format-shift copy some other copyright material such as books, newspapers, magazines, video tapes and photog