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More Australian Insanity: Forwarding Mail Illegal (updated)

lpontiac writes: "People have been making noise about the new Australian copyright laws making web caching and Playstation mod chips illegal ... and now, the Australian attorney-general has come out and stated that the new laws also make it illegal to forward email without the explicit (ie written) permission of the person who wrote the email. (Just as surprising to me is that the article claims to know who Claire Swire is :)" Update: 03/04 11:22 PM by T : kipling writes "Regarding the Australian e-mail copyright story, the ABC news site says that the Australian Attorney-General has dismissed these claims. Looks like another news ltd beatup." Update: 03/05 02:55 AM by T : And thanks to downunderrob, here is the AG's press release calling the idea "ridiculous."

18 of 256 comments (clear)

  1. Yes - one here (info as requested) by kipling · · Score: 3
    Some background:
    • The current govt is on the way out later in the year. It has a 50's mindset, which is when everyone wishes they had last seen this mob of unimaginative no-hopers
    • Last election (compulsory voting + preferential voting, remember) they (the conservative coalition made up of the two right-wing parties, named, ironically enough, the liberal and national parties) managed to sneak back into office despite getting (after redistribution of preferences) less than half the vote. They took this as a mandate to introduce a GST (aka consumption tax)
    • I was in the majority who didn't vote for them (my first pref wasn't the other major party (labor) either, due to the local candidate, but he would have got my preference in the end anyway)
    • Yes, as the other posters have noted, mainstream media interests are just as active in shaping public opinion and policy here as they are elsewhere. For this reason, I am taking this at face value (ummm, where is the source... Rupert Murdoch's news.com) until I see it elsewhere (thank God/Allah/QEII/Menzies for the ABC). It hasn't appeared on Richard Alstons (the AG) media releases, nor does it appear in the other major papers I have looked through this morning. There is no specific mention of anything of this sort in the amendments to the copyright act but that doesn't mean that it isn't covered. If I find something out, I will see if I can get an "update" to the article.
    • There is a quick workaround that I will use if this turns out to be legit -- stick a short "permission" notice in your standard e-mail footer. I am not really sure how this works with transcontinental e-mail. Maybe one day we will all be using a "Permission-to-forward:" mail header that mail clients will be forced to obey.
    --
    -- open source? sounds like the real book --
  2. The burden is lifted.... by soulsteal · · Score: 3

    Finally, bad spellers and the grammatically incorrect are protected by law. No longer need they fear being mocked and ridiculed forever in a never-ending flood of forwarded e-mails they have destroyed so eloquently. I applaud Australia for taking a stand for the dignity of the CmdrTacos of the world.

  3. Re:Oh gee by litheum · · Score: 3

    Better than that, you can report the bastards that send you the forwards and have them arrested!

  4. What?? by number+one+duck · · Score: 5

    And in related news, showing (paper) birthday cards to your friends and family after you recieve them is ruled an offense, as well as telling anyone about an email you recieved, or reading your email in a public place, or... or....

  5. Security... by JiffyPop · · Score: 4

    Apparently the aussie government is os the opinion that the web will only be safe and secure for copyrighted works when it is completely useless.

    1. Re:Security... by dr_labrat · · Score: 3

      Actually I think the Aussie government wants to turn the net into Teletext.

      --
      The secret of success is honesty and fair dealing. If you can fake those, you've got it made. (Marx)
  6. FW: Changing the button name fixes this problem by xFoz · · Score: 3

    from the feature creep department...

    >All we have to do is change the name on the button
    >from "Foward" to "Quote"
    >and then nobody is breaking any laws.

  7. The simple answer.... by Daemosthenes · · Score: 3

    There is a simple way to get around this rule. That is, one only has to attach a notice in your sig, allowing anyone to forward your message. For example:

    -----------
    Joe H. Schmoe
    joe@schmoe.com
    *I hereby give you written permission to forward this message*


    Something as simple as that would work, even though I'm not so sure how well it would hold up in court.

  8. New commercial by brianvan · · Score: 5

    Guy sitting at computer... In the background you hear "You've Got Mail!"... close up of computer screen, at least 150 messages in his Inbox. He hits the forward button, selects all 50 people in his address book, and hits the send button. Immediately, a kangaroo with boxing gloves appears and knocks the living daylights out of the guy.

    Word appears at bottom: "SPAM"

    Foster's beer bottle shown: "BEEEAAAH!"

    "Foster's. Austrailian for BEEEAAAH!"

  9. So what is the logical next step? by Mossfoot · · Score: 3

    Could it be that emails will be sifted to search for copyright hotwords like Coca Cola? Anyone using Coca Cola will automatically have a royalty charge applied to their account?

    Here's a funny scenario. Say there is an e-mail scam going on. Someone is sending e-mails that promise a good thing, and after reading it, you fear that some foolish people are going to fall for it and lose their life savings. So you send out a warning email, using the body of the text to help people recognize it, as well as demonstrate the hows and whys of it being a scam.

    Theoretically YOU could be fined for doing a public service.

    On a lighter note... what if I emailed something, lost the original, and wanted to send it off to some other people. I go to a friend and ask them to bring it up in their account, and then I email it off to other people... do I have to get written signed permission from myself? :)

    --
    Fuzzy Knights: New RPG Strips Tuesday and Friday!:
    http://www.fuzzyknights.com
  10. Re:Oh gee by dattaway · · Score: 4

    Simply forward the offending attachment to abuse@isp, and the prosecutor's office will be contacting you shortly about *your* case.

  11. Re:Digital Versus Real by Bluesee · · Score: 3

    That is the real problem. There was a time, not so long ago (er, ca 1992 or 3) when information was rapidly being freed and it could not be stopped so it roamed the world unfettered and unencumbered. Of course, that was when only the technologically savvy could access this information and the great unwashed masses couldn't. So there wasn't a problem because it was obscure to those in power: they didn't get it.

    Now, ten years later, when they Do understand the intrinsic power of information, they feel they must control the flow and broker each and every transaction between all people on the net (that is, in fact, MS's plan - .NET - to act as broker between each digital transaction).

    This is an informational war between the people of the world and basically corporations of the world (governments playing puppet to the corporate whim). The instrument of control is the Law. The legislators and lawyers are going to find it extremely difficult to control informational flow, but we are seeing - real time! every day something new! - the fruits of their labors: horrible and unenforcable laws that basically make each and every citizen a criminal. Once everyone is a criminal, then all of their liberties are endangered, and they must skulk around, fearful of being caught.

    The only difference that I can see between Winston Smith's sad little grey world and this one is that people don't seem to have the zeal to rat out their neighbors, no one is wearing a red sash. Wait, correct that, I forgot about the model for the (forget what Orwell called them) guys who turn in their neighbors: the Religious Right and Christian Conservatives here in America. Already drug laws have turned half a nation into criminals.

    Now another large chunk will be criminalized - sorry, has been criminalized. Napster-users, anyone who ever burned a disk containing MS Office and gave it to a friend. Basically, an entire nation of criminals, at risk and fearful of exposure. This serves the regime well.

    The reason there will not be reform is that legislators are no longer servants of the people, if they ever were. No, the people are not vested in their country. Not in England where by some strange brainwashing technique (a la 1984) they Act like the Parliament is their friend, not in America where we know the story but admit powerlessness and the inability to organize except to continue to oppress Ourselves (MADD, African_American Rights Moevments, et al), and apparently not in Australia, which probably follows a British model.

    The only power a people are left with is the power to revolt. And at least in America, those in power are preparing for that eventuality, when they get to crush (a la the WTO riot in Seattle) the small Goldstein (Stallman?) rebellion once and for all. The maser would be a really good weapon for that, wouldn't it? SWAT teams with masers and stun guns and tear gas... oh my!

    But, my God! So many criminals, criminalized by such an oppressive regime!

    Believe me, you don't want to see a Bastille Day, where the streets ran red with the blood of the aristocracy. And so ordinary people who have not girded their loins and prepared for the moment will lose their nerve at the critical hour.

    But those who have been planning this moment know what to do. They are seizing the day right now, and will continue to do it forever. Recall that 1984 wasn't about crushing a rebellion forever. It was about warring with people day after day.

    er, sorry so long, but that's how I feel.

    --
    SDMI: Finally! Music that won't rip or burn! Brought to you by the fine folks at RIAA.
  12. Oh gee by Fervent · · Score: 4

    I can't forward around that chain mail that my 12-18 year old brothers, sisters, and compatriots keep sending me. That sucks.

    --

    - I don't care if they globalize against free speech. All my best free thoughts are done in my head.

  13. Turmoil down under! by AFCArchvile · · Score: 3
    So much for a technological renaissance in Australia. You can't even forward e-mails or cache webpages anymore.

    But then again, who will be only too happy to enforce all of this? Constable Microsoft, that's who.

    I swear, if I ever get a chance, I'll have the DeCSS source code engraved on a metal breastplate and shield and become the anti-MPAA knight.

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  14. Email illegal in Auz by tbo · · Score: 5

    The ruling says that it's illegal to forward email because you're reproducing it without the author's express written permission.

    What about SMTP relay? Each SMTP server along the way reproduces a copy of your email. Since you don't always know which SMTP servers it's going through, how can you give them express permission? You can't. Thus, email is illegal in Australia.

    The obvious answer to this is that, when you send email, permission to copy it is implicitly given.

    1. Re:Email illegal in Auz by DeadMeat+(TM) · · Score: 5

      Not quite. The article states quite clearly that the reason why forwarding E-mail without permission is illegal is that it violates copyright laws. (In some countries, apparently including Australia, all original works are considered copyrighted, whether or not it is stated in the work. So you own the copywrite to all E-mail you write, since it is your original work.) By sending E-mail you are giving implicit consent for the SMTP servers to duplicate your message. (Now having somebody program the SMTP server and save logs of all the E-mail passing through it *would* be illegal, but I don't think anybody's going to be upset about that.) Everybody is blowing this out of proportion. It's no different than copyright laws before, it's just been clearly extended to E-mail. You aren't banned from forwarding mail; but if you knowingly forward something that the author didn't want forwarded, then you could be sued for copyright infringement, just if you Xeroxed a copyrighted work and snailmailed it. You just need to apply some common sense when forwarding things (consider whether or not the author would have wanted them forwarded) which is a good practice anyway, copyright laws or no.

  15. Forwarding is theft! by Dr.+Awktagon · · Score: 5

    Those people who write emails have worked HARD and they deserve to be compensated for their efforts!

    If you forward those emails you are a THIEF and a CRIMINAL, no different than if you went into a Border's and raped the cashier. How would you like if some gave away all your work for free? Communist!

    It's about time the government cracked down on those freeloaders. If you think forwarding emails should be free, well let's see you write your own emails and give them away! If every one forwarded emails, no one would write new emails because there'd be no incentive! How would you like that! Commie!

    Err, wait a minute, what was the discussion about again?

  16. What about viruses? by saagar734 · · Score: 3

    And what happens to all the viruses?

    --
    - The waffle man