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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.
Great Britain?
Cheers,
Ian
For plaguing us with not one, or two, but *three* Crocodile Dundee movies!
Bill Clinton: Pimp we can believe in. - The Shirt!!!
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"
I'm sure you see the importance of stopping people that run Linux from playing DVDs. Go FTA!
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.
I'd like to see a block of maybe africa and the middle east just say screw it and form their own economic associations independent of the United States. They wouldn't have great GDP's but at least they'd be creating their own economies suited to their specific needs and not letting the vacuum machine that is the US suck up all their money.
Developing countries are not a market for our TV production and their home textile industries can't get off the ground because the West floods developing markets with cheap bolts of cloth or discarded clothing. Our economic interests do not match, the developing world needs to bootstrap itself to the next economic level while the West economies tend to take aggressive advantage of any market as our goal is the creation of our wealth not for the benefit of the markets that such behaviour tends to suck dry.
Or not.
Shh.
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
The opposition has attached two non-negotiable conditions to their support of the "Free" Trade Agreement legislation. The government has said will not agree to one of these conditions. This might delay the passage of the legislation until after the next election, by which time the balance of power could have changed and the legislation can be considered on its merits instead of political manoeuvring. If the deadlock is never resolved the legislation might die a natural death.
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... :(
Anyone know of a large island that is well connected to the Internet? ...offhand I'd say Australia. ;)
-Looking for a job as a materials chemist or multivariat
Today, the final shread of faith that I had left in my government has finally disappeared. I am now sorry to be Australian.
I "know" why they're doing this. The same reason they got into politics in the first place. Power. Money. Fame. Although perhaps the wholesale "if you don't cave in, you can forget about trade and any kind of military protection in the future" line from the US government helped seal the deal.
What I do not understand is how these people sleep at night, knowing they have sold out every last Australian they supposedly represent. Do they lie in bed next to their loved ones and think "today I signed away my people's freedoms to foreign companies; what a great leader I am"? Or are they just so profoundly stupid that they can't see the plague they are about to unleash on us?
To the Liberals and Labor: you make me ashamed to even be the same nationality as you. If I ever hear you utter the word "freedom" again, I will be sick.
I'm going to cry in the corner now. You can rest easy knowing that you've betrayed us all.
We're geeks... We're the sorcerers of the modern-day world. --
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.
The FTAA - similar deal, but relating to the Americas, scheduled to be signed on early 2005, has a prevision for DMCA like anti-circunvention law requirements by all parties.
It, however, states that "Computer Programs" are not subject to patenteability.
It is on chapter XX of the third draft for the FTAA. Subsection B.2.c (Copyright and related rights), articles 21, 22, 23 contain the DMCAish stuff. Patents are described further bellow.
-><- no
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 FTA has not passed the Australian senate, and
_ __
most likely will not be ratified until after this
year's Australian federal elections.
The hold-up is being caused by the major opposition
party in Australia not agreeing to terms set forward
by Americans regarding the fedral acquisition and
subsidies of pharmaceuticals.
Hopefully this sticking point will render the FTA
void and hence stop any further destruction of the
Australian patent and intellectual property laws
Arash Partow
_______________________________________________
Be one who knows what they don't know,
Instead of being one who knows not what they don't know,
Thinking they know everything about all things.
http://www.partow.net
Arash Partow's Philosophy: Be a person who knows what they don't know, and not a person who doesn't know.
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 %]
What makes you think the liberals have sold out any less than the conservatives ? It's not like Clinton signed the DMCA into law, or anything.
The vague hope lies in us somehow electing a third party or non-politician politician. We've got the same chance as a paper dog chasing an asbestos cat through hell.
--LordPixie
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.
I think that all Aussies with an interest in being able to use their computers unencumbered should really make their frustration over this deal known now. While it may be too late to stop the FTA, we still might be able to make a difference. Hopefully if we make enough noise the media and politicians will stop ignoring the IP aspects of the FTA.
So, start sending letters to newspapers. The FTA is a hot topic in the news right now, so there's a good chance it will be accepted (see letter second from the bottom).
You can send letters to the editor at the following addresses:
The Australian
Sydney Morning Herald
The Age
If US Slashdotters are keen, they could even send a "letter to the editor" detailing the problems with the DMCA and software patents that Australia will now face.
You can also let your feeling be known to the shadow minister for the Arts, Sport and Information Technology (Senator Kate Lundy). Her contact details are here. Be sure to mention that this issue will affect your vote.
You can also find out what electorate you are in, if you don't already know, and send your local federal MP a message about how disappointed you are over the FTA's impact on the IT industry.
While the timing of the posting of this story on Slashdot wasn't ideal (most Aussie Slashdotters won't be awake for another 5 or 6 hours), hopefully a reasonable number will read this in the morning and take action.
It's not like Clinton signed the DMCA into law, or anything.
Even if then-President Clinton didn't want the DMCA and the Bono Act to become law, he could not have stopped them, as both the House and the Senate passed the Bono Act and the DMCA by voice vote. Under the Constitution for the USA, a presidential veto has little if any hope of beating a voice vote, as it takes 81 percent in favor to pass a law by voice vote (that is, one-fifth to force a roll call) but only 67 percent to override a presidential veto.
The vague hope lies in us somehow electing a third party or non-politician politician.
What you want in this case is a member of a small-government party such as the Libertarian Party in the USA or a foreign counterpart. You might want to read the Cato Institute's position on copyrights and patents.
We've got the same chance as a paper dog chasing an asbestos cat through hell.
All political parties take time to get a foothold in government. To get more libertarians into an elected federal office, start at the level of the legislature.
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
Anyone know of a large island that is well connected to the Internet?
Niue might not be large (check the stats on CIA site), but it's beautiful and THE WHOLE AREA is covered by freely accessible Wi-Fi network. Plus - they have cool Net domain ".nu". Just think - GNU colony could have the website g.nu!
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
As far as I can tell, as an American, I cannot go through my day without breaking the law. My quest is no longer to be a law-biding citizen, that's impossible, but rather not to get caught.
Even the bleach for my laundry says it's a felony to use the product inconsistent with its labeling. So, if rather than measuring the one-cup recommended amount I pour it in guessing, they could put me in jail.
Yes, but they'd never do that I hear someone saying for such a minor infraction. Uh-huh. Here in Atlanta a man was put in jail because a Viagra pill fell from his wallet when he retrieved his license for a police officer. He had a legal prescription; the problem was not that he had the pill. He was jailed because the pill was not being stored it's original container. Some jail time, sexual abuse checking cavities during intake, a few thousand dollars in fines, attorney and court costs and he's again a free man.
I cannot speak words strong enough to convey my conviction of the need for a totally un-traceable, encrypted form of P2P. This is not the United States I learned about in school. Maybe it never existed. But I know today is doesn't.
Other countries have faced or are facing this same thing. I don't believe greed and the desire for the power to control the masses is inherently American. I believe it will get to the point where certain laws are just going to have to ignored. This is where I think the P2P solution comes into place. Abet, it will only be a temporary solution. They will eventually outlaw and trace encrypted packets.
-[d]-
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
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.
I must say that New Zealand is looking better all the time. We've always made jokes about sheep in NZ and their accents. But with our "American arse-kisser" of a PM, the whole fear-mongering "war on terrorism", and now this FTA - NZ isn't looking so bad! It's not far and I have relatives other there. If the DMCA-like and other IP parts of this FTA turns out as bad as we're fearing, I think we will see a large trans-Tasman migration. And not just of IT workers but even whole companies could move their base over.