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Australia to Get Software Patents and Anti-Circumvention Laws
Marlor writes "Australia's main opposition party have just confirmed that they will be supporting the Free Trade Agreement with the USA. This means that Australia will be adopting DMCA-style laws and Software Patents in the name of 'harmonizing IP laws with the USA', despite consistent lobbying against them. Matters are made worse by the fact that, unlike Americans, Australians are not protected by 'fair use' provisions." Odd that 'harmonizing' is always in one direction - for some reason, no one ever wants to decrease IP regulation to harmonize with some other country.
Harmonization is always in the direction of the power. It doesn't have a thing to do with what's good for innovation anymore.
Because restrictive IP laws create concentration of wealth, which is power. Power leads to the ability to coerce others. And nobody grows powerful by using their existing wealth to create an envirinment that is free-er.
Looks good for your age..
"no one ever wants to decrease IP regulation to harmonize with some other country"
Keep talking about "IP".. and that will NEVER change.
The crux is this: we all bought in this phantom "Information Economy" in the 90's, completely bypassing the fact that the real money is made with SERVICES, not INFORMATION.
This whole "IT revolution" meme needs to be shot. And before that happens, stuff is likely to get far worse first.
"/Dread"
It's not odd at all. The Australian government wants more trade from the US, whitch will only occur if the Australian government increases IP regulation. If the Australian people want less IP regulation (I.e. fair use clauses), its up to them to lobby their government. Things don't usually happen in government because its the right thing to do, things happen because of interests. In this case, businesses (both US and Australian) have a compelling interest towards more trade, so until there is a compelling interest towards fair use the Australian government will probbley not get around to it.
Matters are made worse by the fact that, unlike Americans, Australians are not protected by 'fair use' provisions.
What? Americans are protected by fair use provisions? I mean, I know we have them, but I didn't realize they still did anything.
It has happened many times before in many countries and with many issues. US allways pushes other countries to have laws mimic its own.
During the Argentina's default/devaluation crisis, US (through the IMF) made Argentina's congress pass a bankrupcy law in the term of the chapter-11 kind of thing the US has (IANAL). Anne Krueger (head of the IMF then) told everybody Argentina had to "adapt its legislation to the international standards" (i.e. US' standard).
They were foreseeing massive bankrupcies, but none (significant) happened so no US-based companies took control of any troubled local company.
Before that bankrupt companied were handled by a judge in a specific way, not handed to the lenders.
I am an Australian and am completely sick of our Governments (both parties) acting like cheap hookers around US corporations. Screw you guys I am moving to Finland.
========
CINC, 4th Penguin Legion
That US patents will apply to Australian software developers? Australia's economy is tiny compared to the US, and I'm not keen on the effect this has on Australia IT startups trying to avoid the patent highwayman on all the backroads... :(
Apparently the government of Australia has nothing better to do than to attempt the killing of the IT industry of Australia.
The idea behind the so-called "Free Trade" treaty will work when ALL countries on this Earth adhere to it, and enforce it. But while there are countries which do not have such strict laws, the countries implementing such laws will suffer a severe competitive disadvantage.
The result will be that the law will be evaded by taking work elsewhere. This means lost revenues and hurts the Australian IT industry.
Have you noticed how the Internet and things dealing with it are slowly sinking into a swamp full of legalization? The reason is to attach to the Internet the same power structures as the "old" business has, the same rulers, the same power players, the same mind-numbing consumer-grade nothingness.
I do not moderate.
Since the Aussie's dont have 'fair use' rights, the logic of the WTO would conclude that the USA has to drop their citizens 'fair use' rights to conform with the lowest common denominator between the countries.
This is the real danger of the WTO, as it forces you to ingore your laws, in favor of some other countries concept of right and wrong..
---- Booth was a patriot ----
The more draconian countries get with 'IP' rules, the less said countries actually innovate. This is similar to the industries monopolized by IP giants.
Take for example the hated SCO. They are so focused on IP litigation that their product line is dying.
Microsoft has the same problem, especially with security provisions. So many have probed the limits of this common OS and since it has not significantly changed in over 6 years, exploits are easy.
What will happen, in the end, is that these countries will become more dependent on other, more flexible ('hungry?') countries for future innovations. And their influence in the world will lessen.
1. Are you a Primary Producer? [read Farmers and Miners]
The Primary Producers have so much sway even in this day and age. They get more access to sell Tin/ Chrome/ Wool/ Lamb and the technology and intellectual capital gets shoved under the rug.
This is what has occurred here.
Australia is entirely dependent on US for defence as well. The Australian Army has enough ammunition for 3-5 days of full combat. There is almost always a few days lead time before invasions, and these two combined is designed for enough time for the US to step in and back us up. This is why Australia is so closely aligned with the US.
Australia is content having the Brain Drain. To the politicians on both sides, the net benefit outweighs the loss of innovation.
[% slash_sig_val.text %]
I used to be in favor of balance, and moderation, and rights of creators etc. Now, I have no such feelings. I watch as the copyright extremists win battle after battle by taking a stance that strengthening IP laws is not only necessary but a moral imperative. They use words like pirate and theft, while we say balance and culture and freedom of expression. They have a clear agenda and deep pockets while our oposition is under funded and constantly debating on what balance means.
Furthermore there seems to be no way we are ever going to get our legislators to understand the harm that increasing the power of is having. Legislators are free to enact these laws because the average person has no chance of understanding copyright.
The only way we are going to get any change is by adopting a similarly extreme position. By completly ignoring copyright law or deliberately acting against it. Bankrupt the content owners' legal fund and clog the courts with infringement cases. Act against the goverments position in favor of the will of the people. In short, we need revolution. That is the only way we will ever see positive change.
Or something like that.
DRM? No thanks, I'll just get it somewhere else...
Civil disobedience is the only out.
I fully sympathise.
.... what?
The problem of the modern day and age is that politicians are considered "leaders" of the people. Where and when did this happen? Are not politicians chosen by the people to represent them and their interests?
When did it come to be that the people became used to the idea that politicians were somehow more privileged, more important, wiser or more worthy than themselves?
I feel the "system" has moulded after its own design into beings who can't think outside this "system". We, the people, have simply given up on our rights and duties, happily trading them all for the comfort of
Somehow we have the concept of "civil disobedience". Disobedience against what? How can the public be disobedient in their own country? Who makes these laws that the public disobeys? Have we somehow installed a new ruling class of lawyers and politicians replacing the kings of old?
Just as the the parent poster I despair at the state of things. I'd like to advocate a revolution but I wouldn't know where or how to begin. I suppose I'm just too complacent about these issues and more than happy to give up my rights for some intangible benefit I'm sure I'm getting....
That's me done rambling and ranting and spewing incoherent thoughts at innocent bystanders. Thanks for reading. Move on now. There's nothing to see here..
Maybe it has something to do with making money as opposed to not making money. Remember, a company that has IP can generate jobs and make money for the government in the form of taxes. Removing IP and you just dropped the bottom out of that market, which may be profitable for developing countries.
IP is only an issue if you make it an issue, which Australia seems want to do. But still there is hope for Europe and Asia who may yet still realize how much of a technological lead can be realized if they stick together and ensure their developers can create without having to fear being sued for something as silly as allowing a user to click once.
Time is what keeps everything from happening all at once.
"Richard Stallman has used his wealth (in terms of programming time, energy) to create software that is free-er, and is much more powerful than he would have been had he not done it. "
Sure, and for his trouble, he's called names from every end of the political spectrum.
You were mistaken. Which is odd, since memory shouldn't be a problem for you
Can anyone explain to me why government protection of industries can be called "free trade"?
It is time for other countries to stand up and say "no" to bringing their laws into "conformance" with those of the United States.
Software patents (especially for common sense processes), DMCA-like laws, etc. are nothing more than measures for "corporate welfare," destroying the property rights and other rights of consumers and small companies in favor of protecting the business models of megacorps and giant trade organizations. This is the effect these things have had here in the USA.
If your lawmakers plan on playing along with these stupid laws, you should vote them out BEFORE they even have a chance to pass them in your country.
"You spoony bard!" -Tellah
The opposition has attached two non-negotiable conditions to their support of the "Free" Trade Agreement legislation.
If the deadlock is never resolved the legislation might die a natural death.
This has only come up since I submitted the story this afernoon, but this is all the more reason to write letters to newspapers and politicians to let them know how you feel about the FTA. If we stay quiet, the issues with the FTA will continue to be ignored. If we make our opinion known (loudly), then maybe it will become an issue in future negotiations.
So, please people, don't sit back and hope that the FTA is stalled by parliament. Take action, make it known that Software Patents and anti-circumvention laws are a Bad Thing, and hopefully politicians and the media will stop ignoring this issue.
First, some disclaimers: IANAL, IANAA, IANAAL (I am not a lawyer, an Australian, or even an Australian Lawyer)
As I am not an Australian, I cannot speak for your people, your government or your political parties. However, in any republican government, and Australia and the US would seem to qualify, governing will always boil down to special interest politics. Governing is a complex task, and one of the benefits of having small, vocal minorities is that they do the enormous amount of highly specialized research on the issues for the representatives. In a way, its one of the few things that keeps the process of governing from becoming overloaded.
What you have to realize is that on the issues like DMCA-style legislation, the world breaks down into three categories- a special interest that really wants strong 'IP' laws (media conglomerates, monopolistic software titans, etc) , a special interest that really doesnt want them (slashdot geeks, libertarians, eff members) and the largest group out there: the completely apathetic/ignorant. Now, given that the vast majority of the represented dont care one way or the other which way their representatives go on this issue, which would you chose? The small special interest that posts stories on a web page all day or the small special interest offering you, not just campaign contributions, but a trade agreement that could bring both $ and jobs to your community.
That doesnt make it right, but until "we the people" wake up and actually start to care in the US, the place to fight this is the courts. I'd assume that to be a good place in Australia, Canada and the UK as well.
Ghandi lead people to collect salt from the Indian Ocean in defiance of the UK salt tax. The UK government arrested 100 people and shot 20.
Ghandi may have been a pacificist, but he wasn't a pussy.
"There are four boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order." Ed Howdershelt
Like as if an average citizen knows what DMCA, DRM, software patent, FOSS, etc. are. Don't to notice that the magic words now are terrorism, social security, medicare, economy, and job market? If you are a politician, whould you concentrate your efforts to a small group of geeks with crappy voting records?
I hate to break this news to you but the population in large doesn't really give a damn about what the geeks think and they don't act on any of the issues until it starts to hurt their bottom line.
1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
I am more of a middle of the road kind of person, and find both the ultra liberal and ultra conservative aspects of both parties insufferable. I used to think that an independent approach was warranted.
However, after many years of reflection and observation I came to the conclusion that Libertarians/Independents will never make an impact on the political landscape - and are in fact, causing many of the problems we see in our government today.
First, I am very much appreciative of the Cato Institute, and I have much appreciated their stance on issues of human rights in the Padilla trial and this current stance on copyright protections.
I do think that you are right about government and two parties. One should also understand that the fact that a president must win over 50% of the electoral seats or the vote goes to the House essentially ensures that we will *always* have a two-party system.
However--- independent voices are often louder than parties because they are generally recognized to be independent. Also if lobbyists are largely volunteer (think Friends' Commitee on National Legislation) this also adds to their credibility.
Unfortunately on the issue of copyright terms, the general populace is in the dark and the fox is in charge of hen house....
LedgerSMB: Open source Accounting/ERP
It's really important not to lose focus over this whole patent/DRM/DMCA issue.
No matter which country makes what laws, the lowest common denominator for all of them is you and I, the consumer. We are the people that hand over money for these products and if we don't hand over the money, the products don't sell and marketing people start dying from coronaries.
Whatever you or I do or say now, the fact is that the global corporations have western governments in the palm of their hands through political sponsorship, lobbying and backhanded bribes.
Added to that, those same corporations, through hype, marketing and advertising, have turned their products into cool or must have products, the possession of which, you are told, somehow elevates you above the rest of the human race who don't own that product.
As consumers, all we need to do is just get some focus back in our lives and look at the wider picture when we spend our money on products that are heaped with patents & DMCA. I'm not suggesting abstinence (I like gadgets, games and music as much as the next man) but we need to be sure what it is our money ultimately finances before we buy any products.
I'm in my early forties now and my time for cool and conformity is over. But I look at the generations of people beneath me and I feel sorry for them because the majority seem to have become the puppets of the marketeers - designer clothes, Nike trainers, latest mobile phones, plasticised music - a bottomless pit of disposable income for the corporations.
Again, I don't want to deny anyone the right to spend their money how they want to but we must keep driving the message home that every time you buy a product, there is a risk that your money ends up limiting someone's freedom - either someone in the Third World's right to a decent income or your own rights to fair usage of products.
It's only when we grow up as consumers that we can stop buying heavily patented products & force the corporations to change...
Gentoo Linux - another day, another USE flag.
Because the USA is currently the single biggest consumer market there is, no government wants to lose trade links with the US and so they all ultimately fear becoming isolated from the US from a perspective of imports & exports.
The only chance of there being a bigger consumer market is if the EU totally harmonises and becomes a fully-integrated European State - unfortunately, the EU is in a complete shambles because each member nation can veto on just about any resolution knowing full well that once they veto, they risk becoming isolated from the remaining states. While I admire the Netherlands making a stand on EU patent law, for example, they just run the risk of corporations simply refusing to trade with them in the future.
If the EU was organised enough to make a united stand on software patents, I guarantee they would fail the world over because trade would be hindered where patent law still applied and the EU would have an advantage.
Unfortunately, all governments are corrupt and financed by back-handers from the corporations so software patents will be enforced in the EU, given time.
Gentoo Linux - another day, another USE flag.