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Australia To Adopt U.S.-Style Copyright Laws

An anonymous reader submits "Australia has just announced that it has finalized a Free Trade Agreement with the United States. Included in the treaty is an agreement for Australia to implement American-style DMCA copyright laws, extensions to the term of copyright, and an agreement to move towards American-style patent and trademark laws (and we all know how well those work, don't we.) I suppose this is the misery-loves-company school of treaty negotiation."

29 of 600 comments (clear)

  1. Beginning of a frightening trend? by digitalvengeance · · Score: 5, Insightful

    This brings up an interesting notion. At what point does financial globalization lead to the homogenization of national laws, even horrible ones? In the past, idiocy could be somewhat contained due to the fact that different countries have vastly different review procedures and generally different sensibilities about abstract concepts such as intellectual property. This article serves as a frightening example of how financial interests may lead to the exportation of horrible ideas.

    One is also led to wonder what good ideas will be lost as testing of creative ways to deal wth modern problems could be in violation of treaties such as this one.

    --
    How many roads must a man walk down? 42.
    1. Re:Beginning of a frightening trend? by thisissilly · · Score: 5, Informative
      At what point does financial globalization lead to the homogenization of national laws, even horrible ones?

      It's been happening for a while. The US had some perfectly reasonable copyright laws up until 1976, when we changed our laws so we could join the Berne convention. We changed our laws to "harmonize" with Europe. And then in 1995, Europe extended their laws from life+50 to life+70, and shortly thereafter [1996], the US extended its laws to match.

      It's a crap trick that political and corporations play. Pass a law in one area, and then force other areas to pass similar laws to "harmonize". It's why other contries are getting their own versions of the DMCA

      Do I even have to ask why instead of Australia extending their copyrights (they were/are a life+50 nation), the US doesn't scale back US laws to match Australia's?

    2. Re:Beginning of a frightening trend? by GloomE · · Score: 5, Funny

      If you lived here (in Australia) you'd mod that as "Informative", not "Troll".

    3. Re:Beginning of a frightening trend? by Peter+Cooper · · Score: 5, Informative

      At what point does financial globalization lead to the homogenization of national laws, even horrible ones?

      It has already happened in many areas. Numerous treaties, including this one, have helped make patents cross-border. The EU is a giant cross-border experiment, and systems like NAFTA, NATO, OPEC, and the Arabian and Asian trade pacts, reinforce things even more.

      The UK is already experiencing a small form of one world government in terms of the European Union. European Union laws often override the old British ones entirely, particularly in areas relating to human rights. It's not going to be long before something like UN law overrides all others, and if it's like the UK.. we won't like it, but we'll fall over and accept it anyway.

    4. Re:Beginning of a frightening trend? by Lemmy+Caution · · Score: 5, Insightful

      There's a word for this. It's called hegemony. It has repercussions far, far greater than this.

      That geeks only are aware of it when it affects those few IP rules that they care about, is sort of sad.

  2. Not through yet by Sad+Loser · · Score: 5, Interesting


    This may be 'finalised' but it has got to get through both houses of parliament, and in the run up to a close election, with any luck the Senate (the upper house) will eviscerate the "DMCA by stealth" approach. At least they didn't get to shaft the Australian pharmaceutical scheme, which the US pharmas desperately wanted to do, as it is very cheap and fair.

    A link to the Australian Broadcasting Council news story on the same item.

    --
    Humorous signatures are over-rated.
    1. Re:Not through yet by subStance · · Score: 5, Informative

      Um ... you might want to note the following from SMH today.


      Quarantine standards would be downgraded, Americans would be able to circumvent investment rules and American drug companies would get the opportunity to override the Pharmaceutical Benefits Scheme that provides cheap drugs to Australians, the Greens said.
      --
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  3. Bad news indeed by Classic+Novels · · Score: 5, Informative

    This is terrible. For a business like ours that could only exist because of the public domain this is a sad thing to see. We were planning on introducing 1984 soon and shipping it only to Canada, Australia and New Zealand, but this cuts the market down for it even more.

  4. Don't think this mean going from good to bad by Anonymous Coward · · Score: 5, Informative

    Australia was always shit with copyright, and under the control of various copyright groups anyway. A friend I knew at university was accused of distributing large amounts of software. He had his house raided, his computers taken, his parents laptops seized as well, all under suspicion. Nothing was ever found, he hadn't (to my knowledge) ever distributed copyrighted software, nor was he ever charged with anything.

    Do you think he ever got any of his stuff back? No chance. The police say they no longer have it, but aren't forthcoming about which copyright agency took possession of it. It shits me especially since he was borrowing one of my motherboards and drives at the time. All gone.

    That was in 2000. There's no accountability now, I don't see this as making anything worse.

  5. Re:The Austrailian Constitution? by Anonymous Coward · · Score: 5, Interesting

    Australia doesn't actually have freedoms for citizens as defined in it's constitution. Many australians will quote their "right to " but more often than not they're quoting the US constitution out of blind media coverage.

    The gun lobby's insistence on our constitutional right to bear arms is the most amusing. Most of them know we have no such 'constitutional right' in Australia, but they'll still quote it because it sounds good to themselves.

  6. What about Gutenberg? by MarsCtrl · · Score: 5, Interesting

    My question is: How will this affect Project Gutenberg Australia?

    I don't imagine they will be able to recall public domain items back into copyright, but does this mean an end to the release of additional public domain works for the next 40 years (when current items released under the 50 year term reach the US level of 90 years)?

    --

    I was going to put a sig here, but I had already submitted the message.
  7. Write to your Members of Parlaiment *NOW* by femto · · Score: 5, Informative
    Handwritten snail mail letters are preferred.

    Addresses here. Don't forget the senate as Greens and Labor together may defeat any required legislation.

    Don't be abusive, but explain the problem clearly. Most pollies probably aren't even aware of how dangerous such moves are to Australia's well being.

  8. Why can't anyone get it right? by Anonymous Coward · · Score: 5, Insightful

    I live in the USA. Sometimes it's government does things right and sometimes it does things wrong. When a bad decision is made by the US government, I look to the rest of the world to show them the light... but what happens? They say "great job! we'll do the same stupid thing". Why can't some countries do something different than the US and prove that there is a better system out there.

    If the world becomes homogeneous we will lose out on the benefits of diversity. Europe became strong because it was so diverse. Once it and the rest of the world is thoroughly homogenized, the world will be a worlthless clump. It will never grow. Competition and diversity breeds success.

  9. the coming election(s) by weighn · · Score: 5, Funny

    this insignificant little Australian just wants to know if he'll get a vote in the Presidential elections. You know, now that we're a fully fledged 51st State.

    --
    Mongrel News all the news that fits and froths
  10. Re:Har har har by dms0 · · Score: 5, Informative

    no one in australia drinks fosters
    why do you think we send it overseas?

    dms0

    --
    You should feel guilty if your just watching - ATR
  11. Not another one... by Kid+Zero · · Score: 5, Insightful

    Man, the list of countries the people of the US have to apologize to because we can't keep our stupid Government in it's own backyard keeps growning and growning...

  12. Containment by kwandar · · Score: 5, Interesting

    Every time the US sneezes they pass their germs on to the rest of the world. Not that the US doesn't have its moments in the sun, but in Canada we see this happening far too often - US passes Law X so we must do the same.

    The root cause is twofold: US pressure either directly or through unelected world organisations, and the knee jerk reaction of our own politicians.

    The US which I personally view as one of the least democratic democracys, is effectively sabotaging democracy in the rest of the world, when it uses its influence to cause laws to be passed in other countries. This is a dangerous game in the long term. Undue influence on the policy in other democratic countries erodes democracy worldwide, and whatever George Bush may think, makes the world a little less safe in the longer term.

    I sometimes wish I could boycott politicians like I do the RIAA :)

  13. You sir are wrong. by tehanu · · Score: 5, Interesting

    No, no, that's the UK.

    Speaking as an Australian I can say that Australia is more accurately America's doormat.

    Take for example this trade agreement. Australia could hardly get anything on agriculture, one of its biggest export areas and one where America's trade barriers really hurt. And yet we are still planning to sign it as a good deal. Personally I'm trying to work out how exactly this trade deal is going to help us at all. The farmers hate it and claim it sells out the farming industry (actually it's more like the status quo hasn't really changed ie. the deal gives almost zero benefits to farmers). The unions hate it and claims it sells out the manufacturing industry. The actors and TV producers hate it and claims it sells out the Australia movie and TV industry. The doctors are just relieved because they thought it could have been much worse (they thought PBS would be dismantled or crippled - it's still not clear whether it will be or not so the doctors are still worried). There are some vague rumblings of support from manufacturers but it seems more like some will benefit and some will be hit badly so it's a toss up whether manufacturing as a whole will benefit. Trust me, we're a doormat.

    I mean geez, Howard, if you're going to send troops to Iraq to support an unpopular war, couldn't you at least get some financial benefit from it? And I thought he was a smart political operative. I guess his love of Bush (trust me even conservative Murdoch-owned newspapers here put in cartoons showing Howard worshipping Bush in bed) over-road his political smarts.

    1. Re:You sir are wrong. by protect+imagination · · Score: 5, Interesting
      Actually, I believe one million australians took to the streets and protested the war on Iraq (and those people probably had no objections to the war on Afghanistan), and Prime Minister Howard dimissed them as "the rabble".

      What do you the the chances are that even one thousand people would protest IP harmoniZation?

      Probably we will see a media release from EFA, but they are the "ultimate doctrinaire libertarians" and not a word they say should be believed. (I'm quoting the former communications minister).

      BTW, it's VB / MB / XXXX not fosters. :-)

    2. Re:You sir are wrong. by wrmrxxx · · Score: 5, Interesting
      I mean geez, Howard, if you're going to send troops to Iraq to support an unpopular war, couldn't you at least get some financial benefit from it?

      During the lead up to the war, it was assumed by a lot of Australians that part of Howard's eagerness to get involved was due to an expectation of being rewarded with favourable terms in the upcoming trade agreement. I don't think he ever admitted that this was a motive, though.

      What he did say quite explicitly, however, was that we needed to get involved in the Iraq invasion and occupation to show support to the USA in return for access to US intelligence data in the future. Is US intelligence data worth anything at all? Sometimes it amazes me how blatantly wrong and stupid our leaders can be, and how much of it we are willing to tolerate. Australians just don't seem to give shit.

  14. Singapore Already on board by Essef · · Score: 5, Informative

    Singapore's FTA with the US came into affect on 1st Jan. It looks like the US is making it a matter of policy now to ram the DMCA down trade partners' throats.
    See here: http://news.com.com/2100-1025-1000154.html

    S.

  15. The ACCC won't like this... by PhilK · · Score: 5, Interesting

    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.

  16. PLEASE write to your MP/Senators by caitsith01 · · Score: 5, Informative

    I work for a Federal Senator, and I *BEG* any Australians reading this to write to their Member of Parliament, Senator and local newspaper to raise awareness of the issues relating to IP laws in this deal.

    Australians are extremely apathetic about politics and most of you probably believe that writing to an MP will have no effect, but I assure you that we read everything that comes in and the Senator reads everything personally too. It only takes a few letters to make a real difference.

    They say for each letter written to a newspaper there are 30,000 people with the same opinion who don't bother to write. Don't be one of them.

    Focus your letter writing on:
    - the Democrats
    - the National Party
    - the ALP

    The government is too tightly controlling of its members for anyone to break ranks, except maybe the nationals. The Democrats are probably the most important players, and the Greens are unlikely to deal on this and the ALP will make a strategic decision.

    --
    Read Pynchon.
  17. Re:Offtopic: Shocking lack of financial benefits by Resound · · Score: 5, Insightful

    Absolutely! Which is why you certainly won't see us looking at other brutal regimes too closely in case someone actually expects us to do something about them! Crap, if we'd actually wanted to make a stand against crimes against humanity we would have had to go into shitholes like Rwanda and Cambodia and who knows where else! I mean...what?...oh riiight...sarcasm, huh? Sorry I spoke out of turn.

  18. My letter to DFAT by rhysweatherley · · Score: 5, Interesting
    I've already sent off the following letter to DFAT, and I urge others to do the same. The e-mail address is us_fta@dfat.gov.au. (We actually do already have DMCA-style laws here, but they were neutered a little last time).

    I read with some concern that the Free Trade Agreement with the US will involve harmonising our intellectual property laws with the US, in particular with the Digital Millenium Copyright Act. This would be a disaster for innovation in Australia.

    I refer you to the following paper, entitled "Unintended Consequences: Five Years under the DMCA" by the Electronic Frontier Foundation:

    http://www.eff.org/IP/DMCA/unintended_consequences .php

    This paper describes the harm that has been done in the US to free speech, scientific research, and fair use since the DMCA's introduction. Introducing a similar law here would be devastating.

    My own company, Southern Storm Software, Pty Ltd, would be directly affected by such as change. At present, Australian law protects those who reverse engineer a competitor's product for the purpose of interoperation. DMCA-style laws would make me a felon solely for trying to compete fairly in my chosen market.

    I urge you to please reconsider, so that Australia remains competitive in the Information Technology industry, and does not become a victim of the large Copyright interests in the US who are not interested in true and open competition.

    Name and address added.

    http://www.southern-storm.com.au/

  19. A sad day... by wew · · Score: 5, Interesting
    This is a sad day for public information in Australia--and just when it looked like the free trade agreement was not going to go through because of US intransigence over agriculture! Unfortunately, John Howard decided to sell out completely.

    When this was first mentioned, I spent some time reading up on the topic: I might as well share some links here.

    The only organisation that I could find actively lobbying against the dilution of Public Domain rights in Australia was Australian Library and Information Association, a professional organisation for librarians. They are following this issue, and may appreciate your input and support; their online journal also contains an insightful article by an Australian National University professor of law on copyrights and public domain.

    As other have pointed out, the retrospective extension of copyrights from Life+50 to Life+70, which even those advocating a longer copyright term admitted had no justification, is of particular concern to Project Gutenberg of Australia (site seems to be down at present--anyone know why?), which had published a number of until now Public Domain works on their site (for instance, the works of George Orwell). There's already some discussion of this on Distributed Proofreaders (registration may be required)--if you're a DP'er, you might like to contribute, and if you're not a DP'er, you should be.

    HTH

  20. misunderstanding by sir_cello · · Score: 5, Informative


    There is a fundamental misunderstanding here. People say "adopt DMCA style laws". The fact is that these laws (now enacted by the US, EU and other countries) are the result of the WIPO Internet Copyright Treaties agreeded upon in the late 1990's (1998 if I remember correctly).

    What this means is that these countries long ago signed up to the treaty, it just takes a few years for legislative changes to be introduced and have effect.

  21. Re:You brought it on yourselves. by oingoboingo · · Score: 5, Insightful
    This is what happens when you give up your guns.

    Absolutely fucking hilarious. The Australian posters on this board are all outraged that they're going to be forced to adopt U.S. style copyright laws, and that our government is nothing but a spineless U.S. puppet...and your insinuation is that by adopting more U.S. attitudes and laws, that will somehow make it all better? Maybe we needed to negotiate a free trade agreement on whatever it is that you're smoking right now.

    "What?!? You don't like the taste of shit? I know how to fix that! Here's some more shit for you to eat!!"

  22. Re:You brought it on yourselves. by kcbrown · · Score: 5, Insightful
    This is what happens when you give up your guns.

    Yep. Why, with all the guns in the hands of civilians here in the U.S., the government would never dare pass a law like the DMCA.

    Oh, wait...they did.

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