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The Australian Competition and Consumer Commission is likely to take a dim view on all of this.

They opposed the prosecution of the Sony mod-chipper - not for piracy reasons, but for competition reasons. Playstation games are cheaper in the US, and have more range in Japan.

They oppose region coding of DVDs - and as a result almost all Australian DVD players, even from the big companies, are region free out of the box. Same reasons, bigger range, more choice.

No matter what the U.S. wants, businesses in there have no force of law here - specifically the RIAA and friends.

Well, now that I do a few seconds of research, apparently the MIPI was 'set up by the music industry' (acording to SMH, so it seems to be just a unit that concentrates on copyright infringement violations. According to the ACCC the MIPI is a part of ARIA.

The ARIA press release is available here if anyone wants evidence that FUD isn't confined to Microsoft and SCO.

So in essence the MIPI is an organisation set up by the music industry to investigate alleged music piracy. I would have thought that carrying out the raid would have been the responsibility of the police or other government agency, rather than an industry association, but apparently jackboots are more freely available here than I thought (Godwin's Law notwithstanding).

Australia has something along those lines - the ACCC.. most of the time, they act on complaints where customers are being screwed over.

Lawyers might get a chance.

The Syndey Morning Herald is running this article about Perth-based open source consulting company CyberKnights.

Just another civil suit against SCO? Maybe not. The director of CyberKnights uses the phrase fraudulent claims. Fraud can be charged as a crime as opposed to a purely civil matter like a copyright or patent infringement. See what LAW.COM has to say about the subject.

Of course this is pure speculation by a non-lawyer (me) but perhaps with the help of the ACCC (mentioned in the article), CyberKnights can bring the criminal charges which many of us think are appropriate.

Complaint form here

The Australian Competition and Consumer Commission. They were very toothy under Professor Alan Fels. Since he left, the ACCC has been a bit quiet. I only hope their current dormancy doesn't become a coma.

Who is the ACCC and where are they mentioned in this article? I know. I am a ethnocentric American but ACCC sounds like the Atlantic City Civic Center to me.

Australian Competition and Consumer Commission.

Basically an independent watch dog organisation set up through legislation to try to ensure the consumer doesn't get too screwed over in the course of business.

They recently prevented a merger between Qantas and Air New Zealand which would have removed pretty much all competition in the airline industry for flights between the two countries.

They certainly have teeth - which is remarkable for such a body.

They are mentioned in the article as being the first step in the legal process should SCO Australia not respond.

The issue of the use of the term "unlimited" broadand connections has been quite a serious one in Australia - so much that the ACCC (Australian Competition and Consumer Commission) and the TIO (Telecommunications Industry Ombudsman) have dealt with and advised on several issues dealing with unlimited broadband not being unlimited in every sense of the word.

I am amazed that it is taking this long to get the number portability issue sort-of rolling. Here in Australia we have had this available to us since September 2001.

The ACCC (Australian Competition and Consumer Commission) here in Australia are the ones who asked for it to happen in the interest of competition.

If other companies are afraid of loosing their customers then they are obviously not serving them well enough. This sort of thing forces the telcos to provide a better service to their customers since the main barrier to customers leaving will not be there anymore. This sort of thing will really help competition and be better for the industry.

There are only two reasons why Telstra would make a press release announcing their intention to use Linux:
(1) 'cos they've found a way to further screw their customers by their use of Linux, or
(2) 'cos they've found a way to further screw their competitors by their use of Linux.

That aside, if you go one step further, and read the article, you see that they're actually not using linux at all. They're beating around the bush with lines about XP and NT and Sun and HP-UX and Solaris and Linux and Citrix and XP-on-a-chip and you-name-it. The article is completely meaningless marketeer speak designed to trick some journo's into picking up on the key words "unix" and "linux", and it worked.

Don't get me wrong, I'm as happy as the next guy if a large corporate makes the switch to Linux, but that's not what this article is about. Never lose site of the fact that Telstra are evil. Every bit as evil as Microsoft or SCO.

The ACCC (Australian Competition and Consumer Comission) http://www.accc.gov.au has been lobbying for the right of DVD and Sony Playstation owners to import discs from other regions, see: ACCC Defends the Rights of Playstation Owners

I know that in the case of Playstation discs, Sony won a case recently that basically has made modding Playstations in Australia for playing any kind of disc (pirate or import) illegal.
But the DVD Region code issue has been in the press here alot, IANAL but I believe due to the actions of the ACCC, Multi region DVD players here are quite common in the retail market to give consumers choice, I guess its up to the DVD Player manifacturer weather they include the feature or not.

Personally my PHILIPS DVD-707 is modded All region from the remote and I own a number of Region 1 titles that just arent available locally here.
I'm all for import CD's too, alot of Japanese releases come with extra tracks and collectors packaging that if imports were banned, we'd never get to see (legally).


To a point as a consumer, I dont mind if the disc costs me the same as here or even a bit extra, but we should get the choice to buy the product we want, expecially if the product offers features not included on the domestic release.

Jim.

Thanks to the efforts of the Australian Competition and Consumer Commission. Who are also responsible for this court case.

No internet access isn't restricted - it is crap. Bandwidth just sucks in australia, though this has begun to slowly change.

"...whacked computer rules" - I'm not even sure what this one means... perhaps you mean how our federal police/intelligence agencies have finally been granted the same rights as the comparable american agencies???

Australia has EFA - but we don't neccesarily have to rely on volunteer organisations as we actually have a government commission (the ACCC) that is specifically to protect the rights of the citizens - except in this case... :) heh...

Don't get me wrong, we are in no way a truly "free" society, but show me one that is...

Q.

This fiaSCO is currently the main headline at Australian IT's site. Of particular interest is the various complaints to the Australian Competition and Consumer Commission regarding alleged breaches of the Trade Practices Act.

My 1500/256 Nella Networks FlatRATE ADSL service came online today. It's using the Comindico IP Network and is a truly unlimited service. Aardvark were even offering cases of Red Bull to those who download the most! That said, I do pay AUD240/month for it (opting to avoid the slower unlimited services which start at around AUD90/month). You can get 'always online' service from TPG starting at AUD19.95/month, with the first 400mb costing ~AUD80, then capped to 10Gb and reasonable rates thereafter. Meanwhile, my 3G NEC e606 mobile handset from three gives me 3000 minutes per month of voice calls for AUD99 - significantly better than the AUD300-500 I was recently giving Optus for around a third of the airtime. I guess this makes me one of the lucky few well connected Aussies. If it weren't for me living in Sydney and being able to justify the expense I'd be putting up with an overpriced, flaky Telstra service like everyone else! I'm still perplexed as to how they have managed to hang onto the Telstra Rewards program for so long - would have expected the Australian Competition and Consumer Commission to have raised an eyebrow over this some time ago.

I have noticed a huge surgence of "capless" broadband plans in recent months.

Many ISP's including Dodo, escape net, TPG to name just a few have introduced unlimited download plans on their "slow" 256K/64K plans. This is fantastic news for home users except for those that have been locked into an 18 month contract with Telstra and are still capped at 3GB.

Incidently, though Australia's broadband usage is only 2% Nationally - it is actually increasing exponentially. Total number of ADSL/Cable users increased from 15,000 in July 2001 to almost 60,000 in June 2002 and it is still increasing rapidly. (See the ACCC)

Though growth may have slowed recently a little due to general unhappiness with Telstra's monopoly and bandwidth caps I see the influx of new ISP's and uncapped plans (thanks to comindico) as a good sign of more growth to come.

I beg to differ! The Australian Competition and Consumer Commission is against reigon-coding DVDs because of the anti-compeditive aspects of it, but walk into any place selling DVD players in Australia and I guarentee you that better than %95 of them are reigon-coded. Because of ambiguity regarding the Copyright Amendment (Digital Agenda) Act (Australia's version of the DMCA) and whether this makes reigon-free DVD players illegal "circumvention devices", most places will not stock (or admit to stocking) reigon-free DVD players.

The ACCC (Australian Competition and Consumer Commission) stepped in and ruled that region coding is considered a restriction of trade.

There is nothing wrong with having a region free player as you are still considered to be purchasing the original item (only from off-shore). The problem starts when ppl begin using duped titles (as some region free mods allow for the use of copied DVDs etc).

This became quite an interesting point recently in .au as lots of the movie houses (Universal, Warner etc) agreed that the region coding should be dropped from the DVDs. It is not worth their effort to produce 5 million DVDs in region 1 and 100,000 in region 4.

There has also been some discussion about console titles becoming non region coded too.

Good points. I think it does come down to the ethics -- as expressed in the specific law of the nation/state itself. The modding of the XBox allows a 'function expansion' to the machine. How this expansion is used SHOULD be the issue, rather than the expressing the technically innaccurate view that modded xbox == cheating pirate.

I make copies of 90% of any VCR tapes and PC games, so I can use (and thus trash) these copies and keep the 'gold' media away from exposure (spot the slashdotter who has small kids ... this practice started when I spotted my 3 year old using my Diablo CD as a rollerskate). This is quite legal in my part of the globe ... is this (even mostly) universal?

It is MS's network, and they can do what they like. But then, in Australia, this action could come under the attention of the ACCC, the Australian Competition and Consumer Commission. Does the US have a simular group?

Anyway, it isn't as bad as you make it out to be in your post. I live in Sydney and have iiNet ADSL, which has 12GB caps on a 512/128 link for AU$80. They shape you to 72kbps once you hit the cap, and they have a heap of unmetered internal content, including a few 128kbps Shoutcast streams and free P2P within your state. It puts the value you get from Telstra/Optus to shame.

i-green offer unlimited 256/64 for AU$80 too. Data caps aren't the end of the world - they just encourage competition in the market, and encourage ISPs to peer together to offer cheaper data to the customers.

I can take pride in the fact that the Australian courts have in recent times said "no, I don't think so" to a lot of the bullshit that the xxAA organisations have tried to foist upon us re: DRM. Unfortunately our Prime Minister (who we recently re-elected because he distracted us with the whole "Tampa crisis" and the "shadow" of illegal immigration) rarely takes time to remove his lips from the arses of the United States and US corporations in order to make such an independent decision, which would require vision (and more importantly - balls). So I'm not holding my breath for something from government protecting consumer rights. The Australian Competition and Consumer Commission (ACCC), who handles most consumer complaints, is unfortunately pretty much a toothless tiger. They still haven't got Telstra into line over their virtual monopoloy of the telecommunications market, which is responsible for high prices (of Telstra and their competitors, who use Telstra's backbone and hence must pay their so-called "wholesale" prices) of local calls and DSL.

This had nothing to do with civil disobedience.

The guy was selling pirated games and copped a fine for it. He did nothing to change the law.

However, Sony also tried to charge him for selling mod chips and set a precedent establishing this as illegal. It was the government's own consumer watchdog who stepped in to ensure that the court had sufficient independent information on the effects of their decision. This allowed them to make the correct decision despite Sony's efforts, so the decision protected consumers' rights to be able to use backup copies and privately imported discs from other regions.

Had the ACCC not stepped in, the court might have linked tied the pirate games and chipping together as the same crime. Such a precedent would make it difficult to separate them in future and could make it much harder for consumers to maintain the ability to watch their legal products.

The ACCC is acting on these in Australia as there are a few companies who are allegedly doing the same. ACCC have announced action against Internet Name Group, and are collecting complaints against other companies, such as Internet Registrations Australia who are also allegedly conducting these operations. If you've been stung by any of these groups in Australia then the ACCC may be interested in hearing from you.

Professor Fels highlighted a comment from Justice Hill, in his findings, that: 'The dire predictions of reduced promotion through to reduced production and ultimate market failure have simply not happened. If anything, the evidence shows a continued increase in titles, promotion and production and at the same time at lower prices'.

I don't hold a legal qualification, but Copyright was my chosen topic for Engineering Law in my Software Engineering course. So this is a topic close to my heart. I am not a lawyer, but I play one on TV

While this will make rental DVDs more expensive (possibly?) it will give us Australians certain rights over our purchased DVDs which I don't think we have over purchased movies:Copyright ACT 1968

Part III Division 4A is the interesting part:

COPYRIGHT ACT 1968
Division 4A--Acts not constituting infringements of copyright in
computer programs

47AB. Meaning of computer program
47B. Reproduction for normal use or study of computer programs
47C. Back-up copy of computer programs
47D. Reproducing computer programs to make interoperable products
47E. Reproducing computer programs to correct errors
47F. Reproducing computer programs for security testing
47G. Unauthorised use of copies or information
47H. Agreements excluding operation of certain provisions

Firstly, the meaning of a "Computer Program":

In this Division: computer program includes any literary work that is: (a)incorporated in, or associated with, a computer program; and (b)essential to the effective operation of a function of that computer program.

Sections 47B and 47D protect the right to make reproductions of software for the purposes of studying the software and making compatible software (reverse engineering)

Section 47C protects the back-up rights of software, including for any of the following purposes:

(i)to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy and to store the original copy; (ii)to enable the owner or licensee of the original copy to store the reproduction for use in lieu of the original copy if the original copy is lost, destroyed or rendered unusable; (iii)to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable.

However, these are not valid (amongst other restrictions)

(b)if the owner of the copyright in the computer program has so designed the program that copies of it cannot be made without modifying the program; or

However I think the DeCSS case showed that copies can certainly be made without modifying the "program".

And the funnest bit is that the license agreement cannot deny these clauses:

An agreement, or a provision of an agreement, that excludes or limits, or has the effect of excluding or limiting, the operation of subsection 47B(3), or section 47C, 47D, 47E or 47F, has no effect.

Sideline: Grr to Slashdot not liking <dl>'s.

More interesting sideline: Ross Jones, commisioner of the Australian Competition and Consumer Commission had this to say about DVDs:Difficulties between the pro-competitive community and Intellectual Property

The essential point here is that in the Commission's view, there is an attempt to use copyright laws for a purpose related to areas beyond their real purpose. This coding system is a mechanism to allow price discrimination, not to protect the inherent rights of Intellectual Property owners.

It's worth noting that the ACCC has a good history in this area. If you read the linked article, as well as the full reasoning for DVD region coding being a breach of the Trade Practices Act, also mentioned is the ongoing case by the ACCC against Sony, Warner and Universal over parallel CD imports. Sony settled without admitting liability, but did give $200k to the ACCC for legal costs. Universal, Warner and several senior execs were still facing court, with the penalty being up to $10 million per contravention.

Text below is quoted from this article

Australian consumers are currently suffering from an international cartel that restricts their access to digital versatile discs (DVDs). The cartel, headed by major film studios in agreement with the manufacturers of DVD players, has divided the world into regions. This ensures that DVDs on sale in Australia will only function on a DVD player licensed for region 4 that includes Australia. The stated aim is to protect cinema ticket sales by preventing people viewing movies on DVDs in their homes before distribution to cinemas. The Australian subsidiaries of US film companies have been requested by the Commission to explain their actions. It will then decide what action can be taken.

Is there really a reason we get movies released here any later than other countries? does this form of crippleware actually stop piracy?

no and no

The Australian Competition and Consumer Commission is considering that...

Theres an existing interesting Thread on Wireplay (Telstra's gaming network) about it all. And also a petition you can sign to protest against the move. Furthermore the ACCC (Australian Competition and Consumer Commission) is already investigating the matter.

I was actually at a Continuing Legal Education seminar the other day and Ross Jones from the ACCC was there. He had a bit to say on the DVD encoding and he made it sound like they were definitely going after it on a couple grounds. Firstly Australia has a worse selection of DVDs than the US, secondly there is evidence to suggest that region 4 DVDs are worse quality than their European and American counterparts. Also the encoding makes it difficult for consumers on holidays to places like the US to pick up DVDs legally and watch them here. Ultimately they see the region code as a matter of price discrimination and aren't pleased about it.

He also ran through the possible counter arguments and gave some defenses. The argument that the encoding prevents movies on DVD been released in the US before they get a cinema showing here is pointless now as the cinema releases normally run to close together to make a difference. He also suggested that as most music DVDs are region 0 its definitely not impossible for them to do this and even pointed out that not having to provide local content maybe cheaper.

I'm just happy to know that they will go after this because I'm sick of Australia having expensive DVDs and generally dodgy tech laws it also nice to see that they actually do know what they are talking about.... Oh and here is a link to the seminar material.. (its about 3/4 of the way down)
http://www.accc.gov.au/speeches/2001/Jones_Intel le ctual_Property_11_5_01.htm
or
Link

While in the big-bad real world, Australia (my wonderful home!) may seem like a bit of a Backwater, the ACCC - http://www.accc.gov.au/ will be tenatious.

One of two things will happen as a result of this challenge: either all region types of DVDs will be sold in Australia, or more likely the compromise will be for DVD players to be made region-free as a mandatory requirement (Thus "negating" the region-locking).

you might find this useful: http://scaletext.law.gov.au/cgi-bin/download.pl?/s cale/data/pasteact/0/115 or the definitive entry point: http://www.fed.gov.au/ where you can search for legislation etc.

Aussie Aussie Aussie! Oi Oi Oi!

Dan =)

The Act itself is fairly wide ranging, it covers things like price collusion, misleading advertising,anti-competitiveness, warranties etc. It basically is designed to protect the consumers rights over other entities. Here is a link to the ACCC summary of the act. I think the main objection is that the region system artifically reduces choice for the consumer, and gives a competitive advantage to the major publishers/distributors.

By their conditions, you're not even allowed to talk about the big play that won the game at the water cooler, though we know that fair use steps it.

How many slightly bent politicans does it take to screw up copyright?

In March of this year it becomes illegal, in Australia, to install a mod-chip in your Playstation(2). Thankfully the ACCC is looking into region coding as anti-competitive behaviour. They've become a very high-profile (and effective) consumer watchdog since the introduction of GST...

The ACCC is an excellent organization - they do wonders for this country. The ACCC staff work very hard for us here in .au.

For those of you that want to contact the ACCC to voice your support, you can email the CEO, Brian Cassidy: (brian.cassidy@accc.gov.au)

very few people noticed it in the broader hoo-ha.

What do you mean? Telstra is receiving blows from the ACCC - Australian Competition and Consumer Commission, the TIO - Telecommunications Industry Ombudsmen and the ACA - Australian Communications Authority.
Maybe you should read http://www.accc .gov.au/telco/competition/Anti-compconductteleco.z ip which outlines Anti-competitive conduct in telecommunications markets and what the ACCC has in place. Already the ACCC has slapped Telstra with notice of anti-competitive behaviour, prevented Telstra from buying OzEmail. The ACA - Australia Communications Authority also produces reports and measures Telstras performance. As a result some substantial Government funding is up for grabs to deliver Universal Service Obligation services in remote areas.
The ACA and Federal Government are attempting to allow a healthy self-regulated telecommunications industry. As a result the teeth of the ACCC are not being used fully (at the moment)).
Deregulation is also bringing about competition which should in any normal environment reduce costs and improve services.

There are Telcos out there determined to be extremely competitive and innovative in order to capture market share and loyal customers. This should shake up the market a little.

The big shakeup of the RIAA cartel and stores full of $18 CDs cannot arrive fast enough

:)

That's what the Australian government and competition watchdog told us about legislation introducing parallel importing of CDs.

We're still paying AU$30 per CD. Don't hold your breath for cheap CDs.
Best to keep relying on MP3.