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Project Gutenberg Threatened Over PG Australia

Jon Noring writes "Michael Hart's venerable Project Gutenberg, based in the United States, is now being threatened with a lawsuit from the estate of the long-deceased author of 'Gone With The Wind.' The threat is being made because Project Gutenberg of Australia (link not provided) has the digital text version of GWTW on its server (GWTW is Public Domain in Australia), which, according to the estate's lawyers, is downloadable from the United States. Further information, including the copy of the 'take down' letter, and some commentary, is given at TeleRead. It is likely the threat is legally meritless, yet it is troubling, showing how online repositories of public domain works may be impacted by threats from other countries where the works are still covered under copyright."

126 of 628 comments (clear)

  1. And next week... by PepsiProgrammer · · Score: 4, Insightful

    Next week the japanese government will start issuing cease and desists for porn sites in the US for showing content against their laws.

    --
    "The United States has no right, no desire, and no intention to impose our form of government on anyone else." - Bush 05
    1. Re:And next week... by Walkiry · · Score: 4, Insightful

      >Next week the japanese government will start issuing cease and desists for porn sites in the US for showing content against their laws.

      No no, you have it all wrong, according to US laws (read: crap being pushed by Disney & Co. for unlimited and unrestricted copyright) it works only ONE way. That is, you can sue out of the US, but you are supposed to be ignored if you try the other way around.

      --
      ---- Take the Space Quiz!
    2. Re:And next week... by tpgp · · Score: 4, Insightful

      Aaaaaaaaaaaarghhh!

      This really drives me insane - if the US government wants to do this to its people it should do what every other government that wants to limit information in its society does.

      And that's set up a China style firewall around the entire country & limit its citizens information access within its own borders

      --
      My pics.
    3. Re:And next week... by Dovregubbens+Hall · · Score: 3, Insightful
      I'd say we block the US back to the stone age, and let them rot in their IP-infested hole until they realize they have fallen so far behind the times, they need to do something about their problem.

      AOL would be happy though, they would get the walled garden they always dreamed about.

    4. Re:And next week... by TheRaven64 · · Score: 3, Interesting

      Actually, this is almost a sensible suggestion. ISPs are generally very keen on doing anything they can to avoid exposing themselves to litigation. Since so much copyright-related litigation originates in the US, it would be a fairly simple measure for the rest of the world to just block all IPs allocated to the USA until they bring their legal system back into line with the rest of the world. Call it trade sanctions, if you will...

      --
      I am TheRaven on Soylent News
    5. Re:And next week... by shri · · Score: 2, Informative

      Rather than block, we prefer to use geotargeting from vendors like ip2country on projects where we don't want visitors from certain countries bugging us.

      We mainly use it to block African IP blocks. We've had MAJOR problem with nigerian spammers signing up on forums and classifieds and sending their spam to our users using private messaging / blind email functions. Also saves us the hassle of having to read through dumb email solicitations requesting products to be shipped to Lagos.

    6. Re:And next week... by tpgp · · Score: 3, Insightful

      this is a private suit, not one brought by the government.

      Backed by govt copyright laws.

      Enforced using US government mandated trade agreements.

      I don't see your point

      --
      My pics.
    7. Re:And next week... by Ohreally_factor · · Score: 4, Funny

      Lets not stop with just information. Total quarantine and seal he borders. Just give me a chance to get out.

      --
      It's not offtopic, dumbass. It's orthogonal.
    8. Re:And next week... by ConceptJunkie · · Score: 2, Interesting

      I say we throw out the bums that turned the 28-year copyright into virtually eternal. Sonny Bono, who did huge harm, is dead already (I'm not gonna say God was punishing him... not gonna say it). I'm betting Orrin Hatch is party to this since he loves the media companies so much. Any others?

      Seriously though, this is one of the worst instances of corporations buying themselves influence and power from Congress at the complete expense of the public domain. How does the artist or creator benefit when the copyright lasts 50 or 70 (or 90 or whatever it is) after he dies? That's because it's not about the artist but about the corporation pimp daddy who financed his work in exchange for all rights to it.

      Oh well, when the copyright on Steamboat Mickey gets close to expiring again, I'm sure Disney will buy another round of extensions, and the World War I era will continue to be the end public domain in the U.S..

      --
      You are in a maze of twisty little passages, all alike.
    9. Re:And next week... by the_2nd_coming · · Score: 2, Insightful

      because the government here has decided that copyright should be longer than what Australia thinks it should be does not mean that the government is trying to censor information like China.

      the lawsuit is filed by a private citizen who has asked a judge to see the case based on the merits that were filed. a judge thinks that argument is a valid one to hear.

      China is a GOVERNMENT ACTING TO CENSOR INFORMATION based on arbitrary rules used to control their people.

      your analogy is very bad and is more an expression of your hatred of the US, which is Irrational at best, and not a product of objective contemplation.

      --



      I am the Alpha and the Omega-3
    10. Re:And next week... by jbrw · · Score: 2, Interesting

      And that's set up a China style firewall around the entire country & limit its citizens information access within its own borders

      Here's a fun game to play for those of you outside of the US - try to go to http://www.georgewbush.com/

    11. Re:And next week... by lashi · · Score: 2, Insightful
      >China is a GOVERNMENT ACTING TO CENSOR INFORMATION based on arbitrary rules used to control their people.

      China established the rules in order to enforce control and prosperity of the communist government.

      The US established the rules in order to enforce control and prosperity of the corporations that has the money to back the politicians.

      It is a valid analogy.

  2. So? by ATAMAH · · Score: 2, Funny

    The car that is parked in a street is "steelable".

    1. Re:So? by NotoriousQ · · Score: 2, Interesting

      Yeah, when I was taking basic chemistry in middle school the teacher corrected my spelling of Aluminium on the quiz and took off points. So, on the next quiz I spelled Natrium, Kalium, and Ferrum properly.

      I was about to lose points, except that she decided to show me the spelling on the chart that she had instead of the book. Imagine her surprise when she discovered that the chart had the official names.

      Still a warm memory.

      --
      badness 10000
  3. You know... by Walkiry · · Score: 5, Insightful

    I severely doubt this would fly in a court room. Australian law says it's public domain and it's hosted in an Australian server. Now, of course, the problem is that the copyright holder is aiming at "winning" by hoping the GP guys won't fight over it.

    Perhaps Australian politicians like to please the US (as I've read in comments by aussies in some internet boards, no idea if that's the case), but I'd be very surprised if the judges are going to play along nicely when someone tries to push their country laws over their own.

    --
    ---- Take the Space Quiz!
    1. Re:You know... by lartful_dodger · · Score: 5, Funny

      I was going to say that when the Powers That Be in the US say "jump" the Australian 'government' asks "how high?", but

      a) you can't jump when you're kneeling,
      and
      b) you can't ask questions with your mouth full.

      --
      The face of 'evil' is always the face of total need
    2. Re:You know... by stoborrobots · · Score: 2, Informative
      Actually, from the way I read the CnD letter, they wrote directly to the Australian site, claiming a relationship between the Australian site and the American one, and hence that the Australian site was under the jursidiction of US law.

      That's about as much as I got from

      By e-mail (colc@gutenberg.net.au)

      Project Gutenberg of Australia

      Re: Copyright
      Infringement of Gone With the Wind

      To Whom It May Concern:

      We represent the Stephens Mitchell Trusts (the "Trusts"), the owner of the copyright to the book, Gone With The Wind ("GWTW"). There are copyright provisions around the world, including, without limitation, the United States Copyright Act, 17 U.S.C. 101 et. seq, which grant the Trusts, as copyright owner, the exclusive right to reproduce and distribute GWTW in the United States and elsewhere.

      It has come to our attention that Project Gutenberg's affiliate, Project Gutenberg of Australia ("PGA"), is publishing GWTW in electronic book form on its web site located at www.gutenberg.net.au (the "Web Site"). The Web Site states that PGA "produces etexts in accordance with Australian law" and that the books available on its site are in the public domain in Australia. While the Web Site warns that some of its ebooks may still be protected by copyright in the U.S. and suggests that U.S. users check U.S. copyright laws or visit Project Gutenberg's U.S. web site for its list of public domain works, there is nothing to prevent any U.S. user from simply downloading GWTW from the Web Site. Indeed, we were able to do so easily.

      It appears to us that Project Gutenberg established PGA to permit the illegal downloading of works that are still subject to copyright protection in the U.S. and elsewhere. Project Gutenberg's and PGA's willful, knowing and unauthorized distribution of GWTW to users in the U.S. and elsewhere where copyright protection remains available is a blatant violation of our client's rights under applicable statutes and common law. Please be advised that Project Gutenberg and PGA are subject to U.S. copyright law and to jurisdiction in the U.S. for their infringing activities through applicable jurisdiction statutes governing the commission of acts of infringement that either occur in the U.S. or have an effect in the U.S.
    3. Re:You know... by DAldredge · · Score: 2, Insightful

      How is the joke wrong? Oh, I forgot, it wasn't making fun of the Middle Class so it's bad.

      Why has happend to make everyones skins so thin?

  4. Chill. by Breakfast+Pants · · Score: 4, Insightful

    The threat is completely meritless indeed. Its illegal to post nazi propaganda in Germany yet as an American citizen I can post it with no worries from Germany.

    --

    --

    WHO ATE MY BREAKFAST PANTS?
    1. Re:Chill. by Anonymous Coward · · Score: 5, Insightful

      That's because the government and people of certain countries know where their national boundries end, and don't try to force their laws on to the rest of the world.

    2. Re:Chill. by InsaneGeek · · Score: 2, Informative

      Which countries would this be? France has sued google for allowing other companies to use certain word phrases, France & Germany have sued Yahoo US over Nazi stuff.

    3. Re:Chill. by k98sven · · Score: 5, Informative

      There's a certain difference between this and the issue at hand here though.

      When did France supposedly sue Google? I haven't heard of that.
      But as for the Yahoo cae: France and Germany were trying to enforce their own laws on their own territory. They weren't trying to stop Yahoo US from selling Nazi stuff, they were trying to stop them from selling them to people in France and Germany, where such a sale would be illegal.

      It seems a relatively reasonable given that there isn't any international law on this subject.

      The case at hand here is a copyright issue. The international rules here are clearer. It's not much a matter of interpretation because this stuff is adressed in the Berne Convention, which the USA has signed.

      As far as I understand Berne, the person downloading from the USA is the one committing the infringement, and liable under US copyright law. But the person in Australia serving the text which isn't copyrighted there is not commiting any crime.

      I think you're comparing an apple to an orange here.

    4. Re:Chill. by konekoniku · · Score: 2, Informative

      Lets not forget Belgium's law which allowed prosecution of accused war criminals anywhere in the world in Belgian courts. (The Belgian Parliament has since scaled back that legislation).

    5. Re:Chill. by InsaneGeek · · Score: 2, Interesting

      I should have been more descriptive on the google/France, I put it out in relation to the previous post how he was alluding that the US sues. Just like the US isn't suing, an individual is; multiple companies inside of France sued Google over it's adwords business.

      Back to topic, and what do you think this is then?

      Germany & France sues Yahoo because people in their country can see auctions for nazi material on US servers, even though it's allowed in the country it's being housed at.

      Person threatens suit because people in US can access US copyrighted material on Australian servers, even though it's allowed in the country it's being housed at.

      I guess you could argue ones about not allowing a physical thing and other electronic, but the core thought behind it is the same. If you look at the article, the parallels to the Germany & France bans at yahoo are even closer:

      "The Stephens Mitchell Trusts wants Australian Gutenberg volunteers either to remove Gone With the Wind from their servers or else take steps to prevent downloads in countries where copyright law bans unauthorized distribution of the 1936 classic."

      http://news.bbc.co.uk/1/hi/world/europe/760782.s tm
      "A French judge has ruled that the US Internet Service Provider Yahoo! Inc must make it impossible for French users to access sites auctioning race hate memorabilia. "

      One is preventing French users from accessing a site, the other is preventing US users from accessing a site. I'd say that's really close to apples to apples.

    6. Re:Chill. by The+Cornishman · · Score: 3, Funny

      It appears to us that Australians have established the Commonwealth of Australia to permit the commission of acts that are proscribed in the U.S. and elsewhere. The Australians' willful, knowing and unauthorized action is a blatant violation of our nation's rights under applicable statutes and common law of the US Planetary Government. If Australia does not take down its government and apply for status as a US Protected Territory within five (5) days of receipt of this letter, we shall be forced to, er, shout. Yes, that's it, and you'd better be ready, because it will be LOUD.

  5. Re:Long-deceased? by NoOneInParticular · · Score: 5, Informative

    In TFA it was stated that the author died in 1949, international copyright expired in 1999, but US copyright (thanks to Bono act) will expire in 2019 or never (whichever has deeper pockets).

  6. Why stop with the time limit of the "Bono" law.... by N+Monkey · · Score: 2, Funny

    I think they should extend it back indefinitely and then I'm going to prove that I'm the only living heir of the estate of Shakespeare

    No need for steps 1 and 2 just proceed to

    3. Profit! :-)

  7. Re:Stupid stupid stupid. by Mistlefoot · · Score: 4, Interesting

    During the Olympics, North America ip addresses were blocked from watching much of what was available to Europeans. This was done so that NBC could retain there rights. This seems to be something that could easily be considered for links to works that are not 'legal' everywhere.

    The August 17th article on this pages discusses this.
    http://ice.citizenlab.org/archives/2004_08. html

  8. The solution is surprisingly simple by Anonymous Coward · · Score: 3, Funny

    You must delete the work within 24 hours of downloading. Seeesh, you'd think that a reader of /. would know that by now.

    1. Re:The solution is surprisingly simple by Skater · · Score: 2, Funny

      I was thinking of a response to the letter:

      "Frankly, my dear lawyers, I don't give a damn."

      --RJ

  9. Re:Stupid stupid stupid. by Anonymous Coward · · Score: 3, Funny

    AUSTRALIA, damnit! AUSTRALIA! Not Austria! We're two completely different countries, on virtually the opposite side of the globe to each other!

  10. Re:Stupid stupid stupid. by tigress · · Score: 4, Funny

    "And, if you're in Australia..."

    Now, if you'll pardon me, I'm going to go and see if that Swiss Bikini-team is still hiring. I'm so tired of working in the Swedish Army Knife factory...

  11. Re:Stupid stupid stupid. by Anonymous Coward · · Score: 2, Interesting

    What is stupid is confusing Australian and Austria. It is about as logical as confusing Americans with the Amish.

  12. Now THERE's an interesting hack of the law! by TyrranzzX · · Score: 3, Interesting

    In America, it's the sender, not the reciever, who is guilty of copyright infringement. If I make a dub of a DVD and give it away, I am breaking copyright law, not the person I gave it to. Now, if someone from a foreign county is doing the sending legally, then who do you sue?

    Mabye I'm wrong or pointing out canadian law or something, but still, it's pretty funny. They can't do a damn thing about it, heh.

    1. Re:Now THERE's an interesting hack of the law! by RAMMS+EIN · · Score: 2, Insightful

      ``They can't do a damn thing about it, heh.''

      Remember Dmitri Sklyarov? He was arrested in the USA, because he worked for a company in Russia that published software that is illegal in the USA.

      Do not underestimate the power of US law enforcement.

      --
      Please correct me if I got my facts wrong.
  13. Re:Stupid stupid stupid. by unfunk · · Score: 2, Funny

    ...because the site is in Australia, not Austria...? =P

  14. Re:Internet vs local laws... by Teun · · Score: 3, Interesting
    Block incoming requests from abroad?

    I'm in international waters right now, accessing the internet via a company server in the US, how to deal?

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  15. Get it now ... Warez Literature!!!!! by OzPeter · · Score: 3, Funny

    I can just see the warez crowd racing to download GWTW and other works, just because you can get a copy while its still legal.

    And then later on ..

    Psst .. can I swap you a copy of GWTW for a Moby Dick???

    --
    I am Slashdot. Are you Slashdot as well?
    1. Re:Get it now ... Warez Literature!!!!! by programminandy · · Score: 5, Funny

      There is a Warez Literature Club just down the street from where I live. The door to the club is guarded by unassuming little old ladies so the Authorities won't know what's happening.

      Ratios are strictly enforced too. Each club member has a card that tracks what Warez Literature they take home. Fines are levied by the little old ladies if a member doesn't bring in at least as much Warez Literature they left with on previous visits and the member can not take any more Wares Literature if the fines are not paid.

  16. Re:Stupid stupid stupid. by 1u3hr · · Score: 5, Insightful
    During the Olympics, North America ip addresses were blocked from watching much of what was available to Europeans. This was done so that NBC could retain there rights. This seems to be something that could easily be considered for links to works that are not 'legal' everywhere.

    Very bad precedent; once you start doing that, you will soon find you are obliged to, and are liable if you don't. And anyway, as we all know, proxies make it easy to circumvent. If anything, just use the same kind of disclaimer that they have on cryptography pages: "If you are Osama bin Laden you are not allowed to look at his."

  17. They only had to wait... by Col+Bat+Guano · · Score: 5, Informative
    Australia has entered a free trade agreement with the USA, which amongst other things, will bring our copyright laws inline with theirs.

    This will mean works that are now in the 50-70 year period after the death of the creator will be back under copyright. :-(

    That and we'll all start enjoying the US's wonderful software patents...

    1. Re:They only had to wait... by dbIII · · Score: 3, Insightful
      That and we'll all start enjoying the US's wonderful software patents...
      Hey, some people think it's worth it. We might get to sell more steel and beef to the USA in eighteen years time! Sugar, of course, is not negotiable.

      Australia screwed itself on this one - the party in power was going to get a deal agreed on within the time limit no matter how bad it was, and the US negotiators of course took full advantage of the fact (hence the wierd eighteen year re-negotiation offer). Serves us right really, we went into Iraq not for whatever multiple reasons the USA did , we just did it for the money and got screwed over. The party that did it got three more years, so they don't care.

    2. Re:They only had to wait... by kfg · · Score: 2, Insightful

      Unless you mean detaining a Bali Bombing suspect and not allowing him to be questioned or to testify. . .

      Yes, that's exactly the support I'm refering to, as per the requirements of the mutual aid pact which America called upon Australia to support in Iraq.

      As an American citizen I'm proud as punch at the way we were able to come to the aid and support of our ally down under when they too suffered grevious civilian losses at the hands of Islamic fundamentalist terrorists and I'm sure due to our swift and thourough intervention on your behalf such incidents need never occur again.

      Oh, bummer about the Marriot and your embassy. Oh well, shit happens. At least you're in our hearts, when we aren't thinking about the Red Sox.

      KFG

    3. Re:They only had to wait... by indaba · · Score: 3, Informative
      Sorry, but you are wrong..
      The FTA does not require retrospective protection of copyright material already in the public domain. http://www.acuiti.com.au/index.cfm/p/content-04-04 02/t/cfm/pubId/249

      So, GWTW is in the PD in Australia, and will remain that way , despite the forthcoming FTA.

      Pity it will lock up content for an additional 20 (25 ?) years , if they are currently still within copyright, even by a day !

  18. Long Live Project Gutenberg by ewhac · · Score: 4, Interesting

    Don't expect Project Gutenberg to back down on this. They were the ones who, with the help of Lawrence Lessig and the EFF, filed suit to have the Sonny Bono Perpetual Copyright Act struck down as failing the "limited times" clause in the US Constitution. Sadly, they lost that case. But it should illustrate that PG does not take $#!t like this lying down. Expect a fight.

    Schwab

    1. Re:Long Live Project Gutenberg by Beolach · · Score: 2, Informative

      While not one of the litigants, PG was an Amicus curiae (Friend of the Court) in Eldred vs. Ashcroft.

      --
      Join moola.com, play games to earn money.
    2. Re:Long Live Project Gutenberg by bbc · · Score: 2, Informative

      Eldred is one of the tens of thousands Project Gutenberg volunteers.

      Also, if I remember correctly, Michael Hart, founder of Project Gutenberg, initiated the case, but stepped down later (I forget why).

    3. Re:Long Live Project Gutenberg by shimmin · · Score: 2, Informative

      Eldred v. Ashcroft started out as Hart v. Reno. To make a long story short, Michael Hart didn't like working with Lawrence Lessig and dropped out of the case, so Eric Eldred stepped up as lead plaintiff. Back then, Eric was pumping a rather large volume of 19th c. American novels through Distributed Proofreaders. Haven't seen much action from his quarter lately, though.

      Right now, the CEO of Project Gutenberg is Greg Newby. His response on the gutvol-d discussion list said that they have received letters like this in the past, replied to them, and so far, none have had serious consequences. Though the Margaret Mitchell estate has shown itself to be more litigous than most.

  19. U.S. law without borders? by ^Case^ · · Score: 5, Insightful
    From the article:

    Please be advised that Project Gutenberg and PGA are subject to U.S. copyright law and to jurisdiction in the U.S.


    So PGA, an australian entity(!), is subject to U.S. copyright law and jurisdiction? Wouldn't that also mean, that australian copyright law is applicable to U.S. entities, or is the U.S. the only country in the world who can dictate their laws unto others?
    1. Re:U.S. law without borders? by dbIII · · Score: 5, Insightful
      or is the U.S. the only country in the world who can dictate their laws unto others?
      No problem - US law does not apply at US Naval bases in Cuba - host the server there.
  20. IANAL - But by _Hellfire_ · · Score: 2

    I would say the distinction would be that PG is simply making the text available. They are not "pushing" it to other countries per se, they are simply making it available to download. As someone mentioned above, you should be able to post Nazi related material on your website with no fear of action by French or German governments.

    If on the other hand I emailed Nazi related material to a French or German person, perhaps there would be grounds for a cease and desist order. Just making it available to those users to ignore if they want to abide by the law in their own country shouldn't be.

    I guess it is also comparable (although it's the other way round) to the posting of encryption technology on US websites. I would argue (although IANAL as mentioned previously) that it should not be the responsibility of the webmaster to enforce US export law in regards to countries like Syria and North Korea since this is almost impossible to do. If it was like this you would have to check everything you post just in case there was an obscure law relating to giving material to foreign nationals of any country (since every country on earth has the potential to read your site).

    From the sounds of it the Stephens Mitchell Trusts sound like litigious bastards anyway.

    --
    "And then I visited Wikipedia ...and the next 8 hours are a blur..."
  21. Doubleplusungood by Rupan · · Score: 2, Interesting

    Hmm. At the risk of committing thoughtcrime, here is the links:

    http://gutenberg.net.au/ebooks02/0200161.zip

    --
    Ads? What ads?
  22. GWTW .nyud.net link by Anonymous Coward · · Score: 5, Informative
    The threat is being made because Project Gutenberg of Australia (link not provided) has the digital text version of GWTW on its server

    You'll find the illegal contraband on this page.

    And here are some nyud.net cachelinks to the ebook in question:

    Margaret MITCHELL (1900-1949)

    • Gone with the Wind (1936)--Text (2.3 mb)--ZIP

    Please spread this work far and wide. Also remember that this is the same greedy estate that killed off a great derivative work entitled The Wind Done Gone . This sort of extreme Intellectual Property protectionism is counter-productive to the intent of copyright, and we must put a stop to it.

    (posted anonymously to preempt karma-whoring whiners.)

  23. 2008 Presidential Campaign Issue? by discontinuity · · Score: 3, Interesting

    Securing our nation's "digital boarders" to prevent American-hating foreigners from terrorizing dead artists by cutting into their profits.

    Seriously, the IP address blocks that went on during the Athens Olympics (US IPs were blocked from live streams so that NBC could time-shift to our primetime) are evidence that this will become something of an issue (though not necessarily in the 2008 election). Protectionism extends beyond tarrifs on steel. Protecting rights is good, but protecting business models is bad. Where to draw the line? It seems that global communication and information technologies do not fit the nation-state model of government.

    Something somewhere has to give. During the last wave of "globalization" (European colonization), it was native peoples who got trounced. Who gets it this time?

  24. Re:Stupid stupid stupid. by spiralscratch · · Score: 4, Insightful
    Why not have a simple piece of text 'if you are in Austria you can download this, otherwise, sorry, move on.'

    And we all know how well this method works at keeping the little ones out of the porn sites. "Oh golly gee! The operators of this fine web site dealing in adult wares do not wish those of us with few years to see what is contained within! I had best comply or risk substantial consequences to myself, my family, and the operator of this grand establishment!"

    Yeah, the whole thing is silly. Who wants to read Gone With The Wind anyways?

  25. Sealand by BlackHawk-666 · · Score: 3, Insightful

    This is defintely a case where the services of Sealand and their hosting services would be useful. It's sickening to see how these corporate bandits can lift stories from the wealth of the public domain, exploit them, then not ever have to contribute back their own derived works (think Disney, Snow White, etc).

    --
    All those moments will be lost in time, like tears in rain.
  26. Give it a few months... by Anonymous Coward · · Score: 2, Insightful

    With the Aus-US Free Trade Agreement and the extended copyright terms it has brought with it, this will most likely be a serious issue for PG within a few months once the FTA is legislated.

    Of course, this is only one of numerous copyright violations the FTA will introduce for PG, but you're not going to find any politicians who give a damn about it since the election is over.

  27. Re:Stupid stupid stupid. by Anonymous Coward · · Score: 5, Informative
    Why not have a simple piece of text 'if you are in Austria you can download this, otherwise, sorry, move on.'

    There is (From the GWTW Ebook):
    Copyright laws are changing all over the world. Be sure to check the
    copyright laws for your country before downloading or redistributing this
    or any other Project Gutenberg file. /blockquote?
  28. Do unto others by dbIII · · Score: 2, Insightful
    Does the USA really want to set precedents like this? Do US journalists really want to face the most draconian libel laws on the planet if they criticise a regime somewhere, and their article is published on the net?

    We really do want to see this sort of thing thrown out of court immediately.

  29. Correct by ibentmywookie · · Score: 2, Informative

    Unfortunately we just re-elected our conservative US-Loving government, who will gladly feed us to a pack of dogs if the US asked for it. John Howard is completely spineless.

    Fuck it makes me made that the dick heads of this country voted them in again.

    --
    -- The doctor said I wouldn't get so many nose bleeds if I just kept my finger out of there!
  30. Re:Stupid stupid stupid. by MacJedi · · Score: 4, Insightful

    Maybe easy to do, but why do it? Why should anyone in Australia concern themselves with the laws of another nation?

    --
    2^5
  31. Works in Public Domain in Aus, but not US by tpgp · · Score: 2, Informative

    Are here

    --
    My pics.
  32. So can I also...? by koi88 · · Score: 5, Interesting


    So if I find a country that has very lax copyright laws or none at all, can I make there a ftp-server?
    Upload games, movies, music and, ok, texts (like Project Gutenberg)... free for everybody to download?
    There must be countries like this, no? Maybe some small island...

    --

    I don't need a signature.
    1. Re:So can I also...? by martingunnarsson · · Score: 2, Insightful

      Ever heard of allofmp3.com? It's based in Russia, and from what I've read it wouldn't be legal in an awful lot of other countries. It might still be illegal for you to download the music, but it's not illegal for them to share the material.

      --
      Martin
    2. Re:So can I also...? by LeninZhiv · · Score: 2, Insightful

      You mean like HavenCo, on the principality of Sealand?

      (You can read a lot more about Sealand over at the Wikipedia article.)

    3. Re:So can I also...? by RedBear · · Score: 4, Insightful

      Sure, everything would be free to download, for people in that country, and for people in any other country with similarly lax copyright laws. While people in other countries would also be able to get to the files and download them, those people would be violating the copyright laws of their own country.

      As in this case, the copyright holders have no right to sue you, because you aren't breaking any laws in your own country, and you also aren't actively violating any laws in their country. The offense is not yours, it is on the part of the people doing the downloading.

      Just because technology is allowing people in some other country to break their own laws, that's not your problem. This is just the typical American hubris, thinking they (we) have the right to tell people in some other country what to do.

    4. Re:So can I also...? by Nurgled · · Score: 4, Insightful

      Be careful. If you put the server in a copyright-free country but continue to reside in a country which has copyright laws, you could find yourself sued or prosecuted. Servers don't break laws, people do.

  33. FTA by strider44 · · Score: 2, Interesting

    I'm interested to know what would happen to PG Australia once the free trade agreement comes along. Since we're going to most probably adopt US Copyright laws will PG Australia have to delete twenty years of material off their servers? Also will all the people who downloaded the material have to delete the copies?

  34. Re:Stupid stupid stupid. by UserGoogol · · Score: 4, Funny
    (Joe is an American taxi driver, or something, while Dirk by most observable metrics not.)

    "Who exactly is the client?"

    "An Australian gentleman, he sounded like," said Joe. His voice was rather high and whiny.

    "Australian?" said Dirk, in surprise.

    "Yes sir, Australian. Like you."

    Dirk frowned. "I'm from England," he said.

    "But Australian, right?"

    "Why Australian, exactly?"

    "Australian accent."

    "Well, not really."

    "Well, where's that place?"

    "What place?" asked Dirk.

    "New Zealand," said Joe. "Australia's in New Zealand, right?"

    "Well, not precisely, but I can see what you're ... well, I was going to say I can see what you're getting at, but I'm not sure I can."

    "What part of New Zealand are you from, then?"

    "Well, more sort of England, in fact."

    "Is that in New Zealand?"

    "Only up to a point," said Dirk.


    Taken from Douglas Adams' unfinished Novel/compilation of essays: "Salmon of Doubt."
    --
    "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
  35. Re:Stupid stupid stupid. by zerblat · · Score: 5, Interesting

    ...and for some reason, if try to access George Bush's campaign web site from outside the US, you get Access Denied.

    --
    Please alter my pants as fashion dictates.
  36. Ready for a SC challenge by goneutt · · Score: 2, Interesting

    To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries Aricle I Section 8

    I glanced over the wikipedia article on the Mickey Mouse Protection Act, and it looks like Bono were working to protect the hugely profitable characters and works, but without thinking about other works, such as all those crap films that wind up in the $2 bin after two years.

    I think that perhaps what is needed is language giving copyrights extensions but with a high fee(much more than the $25 it currently cost to get a copyright), that way items that have been forgotten about or no current holder intrest can pass into public domain.

    This isn't fully thought out, but a blanket extension approaching perpetuity should probably be denied by the Supreme Court. Heirs rights are an interesting issue, but corporations can be around forever. Therefore, if you say for the "Authors lifetime" and you define the corporation as the author the copyright WILL NEVER EXPIRE. This ramble left open for riddiclue, but at least I'm not trying to be funny.

    --
    Bacardi + slashdot = negative karma.
    1. Re:Ready for a SC challenge by 1u3hr · · Score: 2, Insightful
      perhaps what is needed is language giving copyrights extensions but with a high fee(much more than the $25 it currently cost to get a copyright), that way items that have been forgotten about or no current holder intrest can pass into public domain.

      Who has to pay $25? -- copyright is free, though I understand some registrars charge you to document it. Aside from that, I don't think you need a high fee -- a nominal charge for an extension beyond an initial period (say 20 years) would shake out a lot of stuff that's currently in limbo because no one knows who or where the current owners of the copyright are, meaning that even if you're willing to negotiate a fee, you can't republish an old work. That's the real downside of indefinite copyright, stuff goes out of print and becomes unavailable and lost through neglect.

  37. the same people by eean · · Score: 2, Interesting

    These are the same people that brought the case againist a parody of the Gone with the Wind all the way to the Supreme Court. They can't be making that much money off Gone with the Wind, the whole estate must be devoted to paying their lawyers.

  38. Re:Stupid stupid stupid. by Anonymous Coward · · Score: 5, Funny

    They only see what they wanna see, like the dead people in 6th Sense....Remember in the American Bizarro take on the world the following are all true:
    1) Osama Bin Laden and Saddam Hussein are brothers
    2) Iraq is full of WMDs
    3) Torturing Human beings, killing innocents and holding prisoners in violation of the Geneva convention are all okay if you think you have a big dick.
    4) The Metric system is for wimps
    5) Anybody who's neither black nor white must be a terrorist.
    6) India = Pakistan, Australia = Austria and there is no such country as Kazakhstan.
    7) Pakistan is a liberal secular democracy which respects human rights, is responsible with it WMDs and good team player, and thus merits the purchase of F-16s and Stinger Missiles, miraculously similar to those owned by Osama Bin Laden's Men.
    8) India is a place where people rid on elephants and camels. If you're not an elephant-rider or camel-fucker, then you must be a software developer who stole an American's God-given right to own an SUV.
    9) Those dang Brits have corrupted "American" and speak it with funny accents, spelling and words. (Who the fuck takes a 'lift' to the 4th floor anyway?).
    10) (my Favourite) It is better to be committed to your cause and completely wrong, then to support a cause and change your position on the release of new information(i.e. flip-flop).

  39. Re:Stupid stupid stupid. by slash.dt · · Score: 2, Informative
    ...and for some reason, if try to access George Bush's campaign web site from outside the US, you get Access Denied.

    Almost plausable but not true - I just accessed it from Japan.

  40. Used book stores? by TheLoneCabbage · · Score: 4, Interesting

    I can't imagine what they are attempting to gain from this. If your dead set on reading this online you can get it with or without the help of TGP. And if your like me and dislike the eye strain of reading online, you can always go to a used book store and buy it for $2USD. In any of the above cases the estate doesn't see one cent.

    The only case I'd imagine the suit has merits, to lost revenue, is as mandetory reading material for school children. Such as mass purchases by schools for the students (who should be buying it used anyway, but that's not relevent here). In that case there really just gouging schools. Way to go!

    Can anyone else think of a ligitimate reason why this law suit should matter to the estate holders?

  41. Re:Stupid stupid stupid. by Carthag · · Score: 3, Informative

    I got access denied right now, from Denmark.

  42. Re:Stupid stupid stupid. by iceteep · · Score: 5, Interesting
    sigh...

    At a Vienna train station, they sell T-shirts with a picture of an orange road warning sign with a Kangaroo on it (you Aussies will know what I mean).

    In large text above and below the picture are the words:

    "There are no Kangaroos in Austria!!"

    This is entirely for the benefit of visiting Americans who are apparently unaware that Australia is not actually a small country next to Germany.... :-)

  43. Re:Stupid stupid stupid. by stoborrobots · · Score: 2, Interesting

    Not accessable from .edu.au though...

  44. Turn this stupidity around by Andy_R · · Score: 2, Insightful

    Their case is based on the wholly ridiculous assumption that one country's laws apply in all countries. All they need to do is find a country with decent anti-barratry laws (there must be one somewhere!) and threaten to counter-sue under their laws.

    If creating a world-wide infinte copyright extension was as easy as finding just one country that would pass a law like that, do these people really think that Disney would have bothered buying their own senator and bribing the government do it in America?

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  45. Re:Long-deceased? by ehack · · Score: 4, Interesting

    An interesting variation would be some country deciding that *all* copyright lasts for 90 years, and allowing publishers *there* to sue the US and rest of the world for infrigement everytime a public domain text is posted elsewhere. This the exact symmetry of the US vs rest of world situation.

    --
    This is not a signature.
  46. Re:The nightmare scenario for Open Source by CRCulver · · Score: 2, Insightful

    Why is this a nightmare? It looks like a perfect utopia for Free Software. Stallman created the GPL to use copyright against itself. If copyright become essentially unenforceable, creating an enviroment in which code can be integrated into communally developed projects without problems, there would be no need for the GPL anymore and Free Software would triumph.

  47. Re:Stupid stupid stupid. by Horizon_99 · · Score: 4, Informative

    I also am in Japan but get the access denied page. I guess it depends how reliably the website detects your IP's geolocation.

    Of course you can always check out the google cache if you're desperate.

  48. Re:Stupid stupid stupid. by Simon+Lyngshede · · Score: 2, Funny

    If the lawyers in the US have a problem with Australians distributing content which is public domain in Autralia, but not in the US, I suggest they find a way to block those internet sites in their end... Sort of a "Great Firewall of the US". Honestly I can't see why an Australian would even care and the American part of the Gutenberg project hasn't done anything illegal. If I remember correctly it actually says in the top of each fil you download from the Gutenberg Project, that you should check your local copyright law, I would say that they done all they need to do.

    Maybe I should start sueing American companies for violating Danish enviromental laws?

  49. .net.au is not under US jurisdiction by NoSuchGuy · · Score: 5, Insightful

    BULLSHIT!
    BULLSHIT!
    BULLSHIT!
    BULLSHIT!
    BULLSHIT!
    BULLSHIT!
    BULLSHIT!
    BULLSHIT!
    http://www.gutenberg.net.au/ is not under US jurisdiction? It's under australian jurisdiction.
    You can see at the adress that you are in an other "country".

    If the US are so eager to push their laws into other countries maybe they should join the International Crime Court [ICC] and not avoid it like some vampires the sunlight! I think the ROI at WIPO is better than at the ICC!

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
  50. Re:Stupid stupid stupid. by Tim+C · · Score: 2, Informative

    I just got "access denied" from my office and home machines in the UK. Looks like it's down to the quality of the geo-location software, as another poster suggested.

  51. There is a mechanism to prevent by 91degrees · · Score: 2, Insightful

    The letter says "there is nothing to prevent any U.S. user from simply downloading GWTW from the Web Site. Indeed, we were able to do so easily."

    Yes there is! There's a warning that some works may not be out of copyrighyt outside of Australia. And they're relying on their users to be honest law abiding citizens.

    PGA should be highly offended that the GWTW estate considers their users tro be a bunch of criminals.

  52. Re:Stupid stupid stupid. by KjetilK · · Score: 3, Funny

    It is blocked from Norway. Besides, Netcraft confirms: GWBush is dying. ;-)

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  53. Re:Stupid stupid stupid. by tod_miller · · Score: 3, Funny

    It was an optical read error! Gutenburg conjures up german speaking nations to me, and I was skim reading and well, the same applies.

    Except the read through would be:

    "Strewth mate, if yer not a bona-fide aussie then maybe you wanna go walkabout this arvo, because bang my wallaby, shielas gone and put some book of sorts on this interweb site, and you some limey outback wanderer from the creek trying to get it right? have a tinny and push off!"

    Needs some work. creative commons license.

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  54. Re:If you recieved this in error, please e-mail by lspd · · Score: 3, Funny

    or collect call to (212) 980-0120

    So everyone that reads the message should call collect to let them know they recieved the e-mail in error?

  55. Aussies cant have it both ways Dow Jones v Gutnick by indaba · · Score: 4, Insightful
    As an Australian, it pains me to admit this, but we can't have it both ways.

    In 2002, the Australian High Court in Dow Jones & Company Inc. v Gutnick http://www.austlii.edu.au/au/cases/cth/HCA/2002/56 .html
    http://vigilant.tv/article/2544
    said that an Australian defamed on a website hosted overseas could sue, and that Australian courts did have jurisdiction.

    In this landmark case testing the limits of legal jurisdiction in the Internet age, Australia's highest court clearly said that the harm was done to the Australian person defamed, despite and regardless that the material was hosted on a foreign server.

    So, as Australians, we can't then turn around and say that just because it's hosted on servers in Australia, that the harm done is irrelevant to the Americans IP owners

    This is a logical analysis, that doesn't take into account the very dubious merits of the Sony Bono Act. (IMHO)
    Regardless of wether we personally like a law, the courts will attempt to maintain coherence of legal principle.

    In this case, reducing it to mathematics ;

    IF (hosted overseas) AND (harm done in Australia) = within Australian jurisdiction
    then the converse must be true...

    IF (hosted in Australia ) AND (harm done overseas) = within overseas jurisdiction

    If the GWTW party sues and this goes to court, I would expect them to argue the jurisdictional question on the basis of Australian law, and not the merits of Sony Bono.

    This way they can bring the case in Australia, seek Australian remedies, and neatly sidestep the international jurisdictional questions.

    Bugger, hoisted by our own petard !

  56. Re:Stupid stupid stupid. by volgers · · Score: 5, Funny

    Fortunately, this one still is accessible:
    www.georgewbush.org/
    :-)

  57. Re:Long-deceased? by Anonymous Coward · · Score: 3, Interesting

    Well, Peter Pan is copyright in the UK *forever*. and Disney et al. have to pay the Great Ormond Street Hospital for Sick Children if they want to show their films in the UK. Interestingly, the hospital is sueing Disney in the US courts for making a prequel; a case that's on grounds about as secure as this one (i.e. not a hope)

  58. Re:Long-deceased? by pommiekiwifruit · · Score: 3, Informative
    Well, Peter Pan is copyright in the UK *forever*.

    IIRC that was one of the reasons given for introducing region coding (*spit*) to DVDs.

  59. Re:Long-deceased? by Eric+Giguere · · Score: 3, Insightful

    Copyright rules vary greatly from country to country, though lately there's been more harmonization. The general rule is that copyright lasts for X years past the author's death or Y years in absolute terms if the author is in fact a corporation. The values for X and Y vary by country. Even within a country they can vary depending on when the work was created and what copyright legislation was in effect at the time. This makes it extremely difficult to figure out which works are in the public domain or not. Sometimes things ended up in the public domain because they weren't properly declared. But with the Berne convention in force over most of the world, you can't assume that no copyright declaration means that there is no copyright. It's a bit of a mess, and this surely won't be the only lawsuit they'll encounter.

    Eric
    Reading C Declarations: A Guide for the Mystified

  60. Letter to the lawyer by BottleCup · · Score: 2, Funny

    Dear Thomas D. Selz You mentioned in your letter that you were able to download a copy of GWTW easily. Please provide us with your IP address so that we may prevent you from doing so. Thank you.

  61. Re:Aussies cant have it both ways Dow Jones v Gutn by indaba · · Score: 5, Informative
    With respect, I didn't forget, and neither did the Australian High Court.
    The defamer was NOT Australian, NOR was the server located in Australia ; so says the Australian High Court:

    # Dow Jones has its editorial offices for Barron's, Barron's Online and WSJ.com in the city of New York. Material for publication in Barron's or Barron's Online, once prepared by its author, is transferred to a computer located in the editorial offices in New York city. From there it is transferred either directly to computers at Dow Jones's premises at South Brunswick, New Jersey, or via an intermediate site operated by Dow Jones at Harborside, New Jersey. It is then loaded onto six servers maintained by Dow Jones at its South Brunswick premises.

    Gutnick claimed that he was defamed , where it mattered to him, Melbourne Australia.

    The Australian High court agreed with him, and said that it had jurisdiction, because the the place of the wrong was Australia.

    This is why this is a landmark, precedent setting case for disputes where one party is claiming jurisdiction because of a percieved wrong performed half a world away over the Internet.

    The good news for PGA, is that following the principles from this case, Gutnick agreed to limit his claim to damage caused in Australia.
    Importantly, in the proceedings before the primary judge the respondent confined his claim to the recovery of damages and the vindication of his reputation in Victoria. He also undertook not to bring proceedings in any other place.

    So, if GWTW brings and action in Australia, then they could presumably only claim Australian copyright infringment damages, and not worldwide damages.

    I think ! - INAL .. (just a law student)

  62. Alternatively... by Savage-Rabbit · · Score: 3, Interesting

    ... you could buy an oilrig and set up your own prinipality fron which to thumb your nose at the world. Although international reckognition might be a problem.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  63. One reason to "waste" their bandwidth. by I+am+Jack's+username · · Score: 3, Insightful

    Citizens of the USA can vote using absentee ballots even if they are in other countries.

  64. Hoist them by own petard? by mattr · · Score: 2, Interesting

    Well I surfed and unfortunately it looks like I was denied this classic in school. Says it was the most popular book (and film) ever or close to it. Anyway, there is a huge list of external reviews at imdb
    and according to this one, the film at least and maybe the book for all I know glorify marital rape. Who'd a thunk?
    I wonder how hard it would be for a concerted email bomb^H^H^H^H writing campaign to get this book and maybe film banned from schools and maybe libraries and rental? Seems for the U.S., revisionism is only the next step, and if books are already being banned in one state or another why not add one that is so richly deserving, seeing as how its owners wish it to be so hard to find. I don't know if it is supposed to be a parody or a snapshot of the time (since I haven't read it yet, doh) but this case is just way over the top. Now they want to stop the Internet, better call Al Gore.

  65. Public Domain and Derrivive works? by brunes69 · · Score: 3, Interesting

    How can something be removed from the public domain?

    For example - say I took the existing GWTW text, which is in the public domain, and inserted a new paragraph, changed the name of one of the key characters everywhere in the book, and released the new text into the public domain as well. When this law is enacted, what is the status of the text? It is no longer GWTW, it is a derrivitive work - so the copyright does not belong to the original GWTW writer. And it was made a derrivitive work under a public domain work?

    Any lawyers care to explain?

  66. Solved by leonbrooks · · Score: 2, Informative

    Dang, that was hard And yes, access denied from a Western Australian ISP.

    IPOF gutenberg.net.au blocks access from North America to the Australian ex-copyright materials which might still have a legal millstone around their collective necks in the USA. Same old, same old.

    --
    Got time? Spend some of it coding or testing
  67. Re:Stupid stupid stupid. by ralmeida · · Score: 2, Funny

    access from Austria is blocked too...

    Probably because GWB doesn't like kangaroos!

    --
    This space left intentionally blank.
  68. Re:Stupid stupid stupid. by stor · · Score: 2, Informative

    Some corrections:

    s/bona-fide/fair dinkum (or the slightly less common "true blue")
    s/walkabout/for a wander
    s/bang my wallaby/fuck me dead if I'm lying
    s/interweb/web (we're not hicks... there is a difference mate)
    s/limey outback wanderer from the creek/seppo
    s/tinny/beer (pronounced beee-ah)
    s/push off/fuck roight off

    HTH. =)

    Cheers
    Stor

    --
    "Yeah well there's a lot of stuff that should be, but isn't"
  69. Re:Stupid stupid stupid. by Hast · · Score: 2, Insightful
    But given the hour of the parent post, And given that it's 2am-5am in the continental USA {see geography), I strongly suspect that this particular dumbass is far more likely to be a dumbarse from either Europe or Australia. My bet is on GMT+8 Perth.

    It could also be an American tourist. ;-)

    That said I don't have anything against Americans as individuals. I've been there for a year and met a lot of extremely friendly and nice people. I do have some pretty severe problems with the US national policies though. (But quite a few Americans do too.)

    I think a problem is that when you see TV reporters interviewing people in the US in Eu they often keep those that said the moronic stuff. Of course the same can be said about US TV reporting in Eu or the rest of the world.
  70. Online gambling by philippeqc · · Score: 2, Interesting

    Aren't the laws to be observed the ones on the country where the server is located? Isn't it how the online gambling industry operate.

    Just curious about this point, if anyone cares to clarify it.

  71. Re:Stupid stupid stupid. by arjovenzia · · Score: 2, Insightful
    AUSTRALIA

    This is important, because we have rather queer computing laws, such as no R (>18) rating for games. The two options we get are a chopped up version, with all the adult stuff taken out, or with the case of Manhunt recently, the game released as a MA (15+), until the authority's realized (probably complained to) the violence, and took it off the shelves. not that that really would have made a difference, because everyone who wanted a copy would have bought it, or your friend, Bittorrent. similar things happened with Postal 2.

    I dunno how relevant this is, but the US laws on software exportation, such as PGP, I find annoying. I'm so used to the Internet not having international boundary's, it gets my goat that I'm banned from some software under another country's laws.

  72. Re:Long-deceased? by pjt33 · · Score: 3, Informative
    Well, Peter Pan is copyright in the UK *forever*.
    Not true. The copyright expired in 1987, was extended in 1996, and will expire again in 2007. However, Great Ormond Street Hospital will continue to receive royalties for performances etc in the UK. (References: GOSH FAQ; Schedule 6 of the Copyright, Designs and Patents Act 1988).

    As to their case against Disney: Peter Pan is currently copyright in the US (where one presumes that the prequel was made) and the EU (where the original work was created), so the only real defence would be a question of timing issues relating to the expiry of the original copyright and extension thereof by EU and US law.

  73. Re:Stupid stupid stupid. by rocjoe71 · · Score: 5, Funny
    ...not blocked here in Canada.

    But that just makes sense, after all, when G.W. gets re-elected he, led by Dick Cheney, Donald Rumsfeld and Richard Pearl will concoct a scheme to invade Canada to protect the U.S. from "Salmon of Mass Desctruction".

    Even as we speak, salmon are crossing the border into the United States unchecked and thereby threatening the "American Way of Life (tm)".

    --
    Height: 38U, Weight: 0 Newtons, Eyes: #0000FF, OS: Gray Matter 1.0 (Alpha)
  74. For example by SeanDuggan · · Score: 2, Informative
    One example I know of is that there's a crack site (http://www.cracks.am/) situated in Armenia due to legal reasons.

    Comprehensive Data havens may not be too far off, eh?

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  75. Invalid! by The+Famous+Brett+Wat · · Score: 4, Informative
    Look, I hate to be picky, but the fact that you've been modded up to +5 insightful is demonstrating a real problem here. So listen up, geeks of mathematics, logic, computer science, and other heavily left-brained things: you can't think like this when the subject is law. Law just doesn't work like that. For starters, you can't assume that law B will be enforced in such-and-such a way because law A is. They are different laws! Copyright and defamation are entirely different beasts with entirely different legal tests for jurisdictional relevance. In this case, we're not even talking about similar jurisdictions, let alone similar laws. Actually, a jurisdiction doesn't seem to have been chosen yet, since nobody has been summoned to an actual court -- it's just landshark sabre-rattling so far.

    I could go on, but the thing I really want to say is don't reduce law to mathematics, at least not unless you understand a bit about law and the circumstances under which it is reasonable to do so. Failure to do this may result in embarrassingly bad reasoning.

    --
    proof, n. A demonstration that a conclusion is implied by certain premises and axioms.
  76. Re:Stupid stupid stupid. by spikedvodka · · Score: 2, Funny

    It also works very well at american Post Offices, where they tell you "Austria is not a valid abreviation for Australia"

    And yes, this is a first hand story, I lived in Austria for 18 years. during a trip to the US, in boston I had a Postal Worker tell me that.

    --
    I will not give in to the terrorists. I will not become fearful.
  77. They only have to wait for the FTA by pjbyrne · · Score: 2, Informative

    They only have to wait until the free trade agreement kicks in: http://www.dfat.gov.au/trade/negotiations/us_fta/f inal-text/chapter_17.html It'll put the copyright up to 70 years, and means we have to wait another 15 years.

  78. Re:Stupid stupid stupid. by Ohreally_factor · · Score: 2, Interesting

    3) Torturing Human beings, killing innocents and holding prisoners in violation of the Geneva convention are justified because "the terrorists are worse".

    Donny Rumsfeld actually said this.

    --
    It's not offtopic, dumbass. It's orthogonal.
  79. Re:Stupid stupid stupid. by AndroidCat · · Score: 2, Funny

    Frankly my dear, I don't give a damn.

    --
    One line blog. I hear that they're called Twitters now.
  80. Re:Project Gutenberg is Great by jwymanm · · Score: 3, Interesting

    Actually, copyright law should be 14 years like it was in the beginning in the USA. Anyone that says otherwise is anti-founding fathers and thus anti-american. Including Bono, MPAA, RIAA, and Disney and friends. Not that this matters anymore when we've got big business/big government passing roughly 30k new laws each year. The entire check and balance system of the government is almost entirely gone. The only way for progress against the current system is a revolution. Sadly, I think congress/office would nuke entire cities and states before letting that happen. Marshall law would be at least be declared within moments of any uprising.

    Project Gutenberg is definitely a good start towards an active collection of works that have no governmental control over them. Obviously you still risk cross country hassles but it's very much worth the cost of such hassle to have IP free works. Sorry for this OT rant: Richard Stallman and other pro-GPL advocates take note, this is your brain on copyright (or copyleft). Avoid the system, don't try to use it against itself.. it'll only end up biting you in the end. If you're so against intellectual 'property' then don't use IP laws to cover your works, release in the public domain.

  81. I'll give it a stab by zogger · · Score: 2, Insightful

    Hmm, geography as a dumb american, I'll give it a stab as I R 1.

    Chuck Taylor = Liberia, an artificially created nation in Africa that served as a repository for returned slaves from america. Plenty of civil war action there, natch. It is always more productive to kill people and break things than it is to work. See also, tribalism, greed, ignorance

    Zimbabwe, formely Rhodesia, currently under one man one party and only one vote that counts, heh, headed up by Robert Mugabwe, who had his "veterans", many of whom weren't even born during their civil war, wipe out the opposition political parties and folks of any color, and most of the farmers, killing many of them. Most of the still alive and reasonably clueful farmers noticed this and despite it being an economic loss for them, decided to cut tothe chase and relocate,to mozambique (which is welcoming them because they still understand "food = good idea", or south africa or the US or australia, the ones left are an endangered species. Mugabe is embarrassing even to other despots. See also kim ill dung

    South Africa, currently doing the same thing to it's farmers, but not getting much international press because it is even more embarrassing since the ANC takeover has given the multiculturists little to brag on since it's obviously the same old stealth genocide they've always had there is now up and running. See also manipulated media

    USA, strange grouping of allegedly 50 soverign nations that are supposed to be a cooperative "union" -hence "united" in the name, for extremely limited and equistely detailed economic and self defense purposes on paper, but in reality is run as a serious top down police state, headquartered in a completely artificially maintained "district" where about every penny starts out as stolen, then it goers down hill from there. Currently run by a cartel of two cooperating political gangs who maintain an illusion of "diversness and choice", but in fact are a junta and seized power and use that power to keep themselves rolling in the pork. They are currently running a candidate for president who apparently has two different faces and two different names,a very good media photoshop effort, but who is in reality a single spoiled never had to work a day in his life Yale upper crust skull and bones frat boy, who every other statement in the press tries to convince the public that he's just a good ole boy, just like them, and really knows what's best, so please pick him to make all the decisions. He even rolls up his shirt sleeves once in awhile for photo ops, proving without a doubt that he is just a good ole boy.

    How did I do?
    Besides my spelun and grammer, which I know can sucketh bad at times. I think I got the geography quiz fairly close.

  82. Re:It Isn't a "Threat" by jonathan_ingram · · Score: 5, Insightful

    Note that PG and PGA, while related, are distinct entities. When PGEU and PGCanada get going (both are in the planning stages), then we'll have a group of projects, all with the same aim, but tailored to their particular geographical areas. PGEU, in particular, will concentrate on the large amount of *non-English* public domain material out there -- you can help proofread some of it by joining the European version of the US-based Distributed Proofreaders.

    It's a nonsense to say that the only things PG should publish should be public domain in *all* countries -- indeed, the major difference between copyright laws in the US and those in the *entire rest of the world* is the main reason to want to branch out and create regional 'editions' of PG. Due to corporate interests, no new material will enter the public domain in the US for at least the next 14 years -- in the rest of the world, new material is added to the public domain on January 1st each year. By 2018, when material published in 1923 becomes public domain in the US, every work published by authors who died before 1948 (for the EU), 1958 (for India), or even 1968 (for Canada) will be public domain in those areas.

    The US is currently trying to push life+50 countries to become life+70. When it succeeds in this, it will start pushing for life+70 countries to become life+90. The trend for ever-increasing copyright terms has to be resisted. One of the key ways to do this is to build people's understanding of the need for, and benefits of, the public domain. PG is a key part of this.

  83. Re:When U.S. Works Pass into the Public Domain by jonathan_ingram · · Score: 2, Informative

    From your link:

    "28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain"

    I'm afraid this means that the *extension* lasts for 67 years, for a total copyright term of 67+28=95 years. Gone With The Wind will not become public domain in the US until 2031.

    Even without the Disney Copyright Term Extension Act, it would have been copy restricted until 2011.

  84. Re:Its not just the US by bbc · · Score: 2, Interesting

    "The Bono copyright extension was merely to bring the duration of a US copyright up to the same length of time as the European Union's copyrights."

    Can't say as that it was a very succesful attempt then. I don't know much about US Copyright law, but I seem to remember something about corporate copyright to last twenty years longer in the U.S. compared to the E.U., and the gap between recording rights is vast; rights to the first Elvis recordings cease to be in 2005, IIRC.

  85. quote by TeaQuaffer · · Score: 2, Funny

    PG should simply reply "Frankly, my dear, I don't give a damn."

    --
    Sola Deo Gloria!
  86. lesson from grade school: Always ask nicely by hackmare · · Score: 2, Insightful

    So, let me get it straight.

    An american is threatening an Australian about an Australian server in Australia about what an Australian person who placed this Australian server?

    Hmmm.

    Someone reeeealy needs to explain to these people that the only way you can get your way in the world is by diplomacy or by force. And when you use force, well... we can all plainly see where *that* leads.

    Some people in some more inwards-looking countries seem to forget that their cultures and their laws stop functioning at their border. Beyond these borders, one only get to choose between asking permission and acting 'all bully-like'.

    And international bullying always seems to lead to expensive karma debts with unexpectedly high interest. One might even be tempted remind them that the road to happiness is through diplomacy.

    The best reaction to this attack on the Gutenberg project seems to me to laugh hearrtily at the arrogance of some foreigner to Australia who doesn't seem to know enough geography to find the USA's borders.

    Hackmare

    --
    -- ronan at roasp.com roasp.com
  87. Where's the beef? by Doc+Ruby · · Score: 2, Interesting

    The server isn't a person - it isn't "acting". The act of copying, whether legal or otherwise, is performed by the person clicking the link, typing the command, or otherwise acting to initiate the transaction. Unless they're going to go after the programmers, sysadmins and managers who installed the systems, whose acts "enabled" the copying act. Based on that sensible jurisprudence, where humans have rights to, and responsibility for, our actions, and machines have no rights or responsibilities, the greedy GWTW estate can find liability only in Americans who download, if GWTW is under copyright here.

    --

    --
    make install -not war

  88. Removing works from the public domain by davidwr · · Score: 2, Interesting

    To remove works from the public domain, it typically takes a law, and that law must itself be legal.

    It's hard to do in "democratic" countries but easy in a dictatorship.

    You can sometimes accomplish the same thing if you are creative. Until a few years ago, It's a Wonderful Life (1946, copyright NOT renewed on time) was played every Christmas, in large part because it was in the public domain.

    However, someone realized that one of the songs ("Buffalo Gal," I think) was still under copyright. This means nobody can show this film without the rights to play that song. Presumably, the studio that made it has the right to say "you can play the song as long as it's part of the movie," which gives them the right to license the movie again.

    So, in effect, what was THOUGHT to be legally unconstrained was, in fact, under partial copyright the while time, but that copyright was not enforced for 20 years.

    Memo to self:
    Next time I make a movie, include at least one song that's already under copyright.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  89. Re:Stupid stupid stupid. by BandwidthHog · · Score: 2, Funny

    *struggling*

    trying so hard...

    ...to resist flaming

    ...the ignorant assclown

    OH, THE AGONY!!!!

    p.s. Congrats on getting through that comment without mentioning France. It can't have been easy.

    --

    Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  90. I wonder how this would play out ... by cwsulliv · · Score: 2, Funny

    if some small Pacific or Caribbean island country passed a law granting copyright protection for 1000 years (with a very stiff copyright registration fee of course) to any resident (two weeks required to establish residency) or to any corporation chartered there. It could be a gold mine.