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Pro-DRM Law May Be Coming To Australia

paxmaniac writes, "The Sydney Morning Herald reports that the Australian Federal Government will soon introduce laws making it illegal to circumvent copy control 'technological prevention measures' (or TPMs). The laws will make it illegal to modchip a console, to hack a DVD player to make it multi-region, to install DVD decoders on your PC, or to circumvent DRM in any other way. From the article: 'Anyone found to have used technology to circumvent copy control TPMs will face fines of up to $6600, while those guilty of distributing enabling devices and services to others through a variety of means face imprisonment for up to five years and possible fines of $60,500.' Australia is obliged to introduce these laws as part of it's Free Trade Agreement with the USA. Gee thanks, George!"

26 of 274 comments (clear)

  1. FTA by starnix · · Score: 5, Insightful

    Is it just me or is the US using that fucking thing to basically pass laws in other countries? The Frog is coming to a boil.

    1. Re:FTA by Raistlin77 · · Score: 5, Insightful

      I'm not ashamed to be American, but I am pissed off at the other idiot Americans that allow crap like this to occur.

    2. Re:FTA by russotto · · Score: 4, Interesting

      When it was passed in the US we were told it was required for harmonization with Europe.

    3. Re:FTA by LaughingCoder · · Score: 3, Insightful

      Remember, everyone doesn't vote. This would be a nice theory except for the fact that there is a high correlation between the level of education and the likelihood of voting (the more educated, the more likely you're a voter). So that actually means Bush got roughly 50% of the most educated voters. Quite the opposite of what your are implying. I also suspect, though I can't prove it, that there is also a high correlation showing that the less educated a voter, the more likely they vote for Democrats. This is why the Democrats are always trying to "get out the vote".

      --
      The more you regulate a company, the worse its products become.
    4. Re:FTA by Zenaku · · Score: 5, Insightful
      And it was bull, then too. The US didn't pass it to protect free trade with the EU, and Australia didn't pass it to protect free-trade with the US.

      Both passed it as a big wet blowjob for corporate interests, in the hopes that they'd leave a fifty on the nightstand.

      So just handle these laws the way we do in the US. Speak up against them, fight them in court, and vote out anyone who supports them. And since none of that will actually make a spec of difference, ignore them.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    5. Re:FTA by 14CharUsername · · Score: 3, Insightful

      There is also a high correlation showing the higher the income level the higher the education level. And there's a high correlation between high edcuation level and people knowing that correlation is not causation.

    6. Re:FTA by snottgoblin · · Score: 3, Interesting

      the more educated, the more likely you're a voter

      I don't know if you meant that in general or just wrt the US but from where I come(India) most of the educated abstain from voting as they do not like any of the political candidates and consider them to be incompetent. It is the poor and uneducated folks who make up the numbers as they vote based on religious/caste based grounds.

    7. Re:FTA by LaughingCoder · · Score: 3, Funny

      Actually I voted for Kerry before I voted against him.

      --
      The more you regulate a company, the worse its products become.
    8. Re:FTA by russotto · · Score: 3, Insightful

      Of course it's bull, just like the coming "100 year copyright" for harmonization with Mexico will be bull. Here in the US I live in, we speak up against them and are ignored. Those who fight them in court, lose (just ask the EFF. Or bnetd or 2600). If we vote against those who support them, it's for a loser as the candidates with a chance all support the law. The fix is in, and not just in the US and OZ. Our choices are simple; obey, disobey and avoid getting caught, disobey and be bankrupted, or disobey and be jailed.

  2. at least they are honest by tehwebguy · · Score: 4, Interesting

    "technology prevention" is certainly what DRM does.

    "while those guilty of distributing enabling devices and services to others through a variety of means"

    you mean like.. computers?

    --
    -- lol pwned
  3. Uhh.. by joshetc · · Score: 3, Insightful

    to install DVD decoders on your PC

    What is the point in a DVD-Rom if we can't decode DVDs? On top of that don't we pay the same royalties for the DVD-Roms we buy that DVD player buyers pay?

    to hack a DVD player to make it multi-region

    Even if the manufacturer makes them multi-region?

    The laws will make it illegal to modchip a console

    Isn't modchipping a console sort of like putting a turbo on your car? So making MY PURCHASED PRODUCT better is against the law?

    1. Re:Uhh.. by Opportunist · · Score: 4, Insightful

      1. Just because it is possible or makes sense doesn't mean it's legal. The DVD-Rom's reason to exist lies in the fact that you can use larger media than CDs to store data. Though, it would shed some new light on the "copyright fee" we pay here for DVD-ROMs (as well as pretty much all the rest we could possibly put into a computer, including mainboards and HDs), and I'd start to question these fees. If I am not allowed to do what I allegedly do, does that mean that by paying this fee I do admit that I'm a criminal?

      2. Manufacturer will be required to discontinue offering region free DVD players. Simple as that.

      3. Yes, making your purchased product better can be illegal. There are movements here to outlaw so called "chip tuning", and turbos (like nitro injectors) are not allowed altogether already.

      Yes, we're getting to the point where the vendor dictates what you may do with the product you buy. I'm really waiting now for a law that outlaws refilling bottles with tap water after you drank the original content.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Uhh.. by Opportunist · · Score: 3, Insightful

      In the US most folks don't care, because nearly everything is released here...

      One word: Anime.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Uhh.. by grantdh · · Score: 4, Informative

      2. Manufacturer will be required to discontinue offering region free DVD players. Simple as that.

      Which is interesting as, here in Australia, the Australian Competition and Consumer Commission (an independent government authority for fair competition & trade) ruled that DVD region encoding was anti-competitive a few years back. Since then, all DVD players sold in Australia must be either region free or be sold with instructions on how to unlock them.

      They even went up against SONY about mod-chipping PS2's, saying it was an Australian's right to purchase games overseas and play them on systems here.

      It's always interesting to find a government agency going up against it's own government in the courts over shit like this...

      For more info:
      ACCC comments re: region coding

      ACCC vs SONY on PS2 modchips

      --

      I left my body to science, but I'm afraid they've turned it down...
  4. Thanks a lot, George? by ziggyzig · · Score: 5, Informative

    How is this GWB's fault? I'm all for criticizing when appropriate (see laundry list of details from Gitmo to secret prisons), but the little parting shot at the end just seems inflammatory.

    FYI - Signed in 1994

    1. Re:Thanks a lot, George? by Anonymous Coward · · Score: 3, Informative

      Ummm... that's the NORTH AMERICAN free trade agreement. Last time I checked, Australia is not part of North America. I believe the free trade agreement in question is this one, which came into effect in 2005.

    2. Re:Thanks a lot, George? by Eccles · · Score: 3, Informative

      How is this GWB's fault?

      'It was not until early 2001, after the election of George W. Bush in the US and with John Howard in power in Australia, that a US-Australia FTA finally began to take shape. In April 2001, President Bush signalled his interest in pursuing an FTA with Australia provided "everything is on the table".'

      [...]

      'the text was finally agreed to in February 2004, and signed off on by Australian Trade Minister Mark Vaile and [Bush appointee] US Trade Representative Robert Zoellick in Washington in May 2004.'

      (Source Wikipedia, but unless you can find something to contradict, I'm going with it.)

      All Congress got to do was ratify the agreement as negotiated.

      Sorry boys, but you most definitely can blame Bush.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
  5. Not that I like him by Kusand · · Score: 4, Informative

    But i sincerely doubt Bush had any direct effect on this law. You might want to start by being mad at Orrin Hatch and working your way through the rest of the U.S. Congress if you're going to complain.

  6. It's about market control by Opportunist · · Score: 4, Insightful

    Believe me, I feel your pain. We only get very badly dubbed versions of movies in bad quality here if we buy a "local" region code DVD.

    But what this is about is market share and control. The distribution cartel has the world divided in certain "sectors", that pretty much correspond with the RCs. And of course, they have to pay fees to the studios according to their presumed revenues.

    Those revenues rely on you being forced to buy with them, though. If someone in, say, Europe could simply buy a DVD from the US (because it's out like a month earlier, mostly due to distribution negotiations taking a few days), the distributor in Europe is losing money. Also he would lose money because, as I said in the first paragraph, the dubbing is most of the time simply outright BAD. And I prefer to listen to it in the original anyway. So what do I do? Right. I buy it a month early in a well made box instead of a dubbed version in cardboard a month later.

    And this is what they want to avoid. Besides, the distri in the US only paid them for the distri rights in the US (and Canada, afaik). Should nobody in Europe pick it up because they didn't think there'd be a market, the Distri in the US would make a killing (and leave the studio ripped off). Also, should it against all odds become a huge seller, they can still sell the rights for distribution in Europe and make money again, because I (here in Europe) couldn't have bought it in the US (because of RC lock).

    It's all about money and market control.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  7. Re:FTA (Softwood Lumber - a lesson) by arthurpaliden · · Score: 4, Insightful

    When they do sign it their economy will still be 'fucked' because the US government will not enforce the agreement unless the US benifits. For an example check out the Softwood Lumber dispute between Canada and the US. Canada had to pay the $1 Billion (US), yes one billion dollars, to the the US goverment and their lumber intrests just to get them to drop illigal duties, found illigal by all FTA tribulas, the WTO and the US federal courts. http://www.cbc.ca/news/background/softwood_lumber/

  8. But it's not a "copy control" mechanism by mengel · · Score: 5, Insightful
    ... its a "playback prevention" mechanism. You can copy DVD's, etc. all you want and the mechanism doesn't mind. It will play exact copies of the media just as well as originals, and it makes no difference.

    It just controls where/when you can play a DVD. That is, it is a play control mechanism, not a copy control mechanism.

    So as long as they only outlawed circumventing copy-protection mechanisms, they haven't actually affected DRM. The MPAA rhetoric basically comes back and bites them here -- by lying about what the issue is, they get a law that doesn't actually do what they want.

    --
    - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
  9. Re:Should all Be Legal by bigpat · · Score: 3, Interesting

    These should all be legal in the confides of your own home. But what should be illegal is you trying to make money and selling your hacks/modchips.

    No.

    As long as there is a legal use for DRM Circumvention, then the devices should be legal to sell.

    We don't throw Xerox sales reps in jail just because their technology could be used to infringe on copyright.

    Copyright law struck a balance between the rights of creators to benefit from their work and the ability of the public to benefit from the work once it was published. And it balances the Freedom of expression rights of both the original creator and those that would make use of the original work in a derivative work. The concept is fair use. Enshrining DRM into law without allowing for reliable ability to make fair use of content throws fair use out the window and undermines the foundation of copyright law. DRM lets the content producer have it both ways and effectively invalidates the time limited provisions of copyright law.

    In the US, prohibitions on DRM circumvention are unconstitutional because they violate Article I, Section 8, Clause 8 which allows congress "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"

    Anti DRM circumvention laws violate this provision, "securing for limited times", because the legal effect is to allow authors or their delegates to control copying far beyond any expiration of copyright.

    As far as I am aware the most of the challenges so far to the DMCA have focused on peripheral issues. Whereas they should be focusing on the lack of any type sunset provision for legal use of DRM. Congress certainly has the right to allow DRMs use, but if it legally and effectively prohibits copying well beyond the expiration of copyright, then the law is quite clearly unconstitutional as well as unwise.

  10. Probably about the same. by pavon · · Score: 3, Interesting
    I also suspect, though I can't prove it, that there is also a high correlation showing that the less educated a voter, the more likely they vote for Democrats.
    I don't know that that is the case. While the Democrats used to have very strong support with working class people (low income correlates with lower education), this has been decreasing, and is only kinda strong support now. Moderately educated college students are more likely to vote Democrat than Republican, however this is balenced out by the fact that the group of most highly educated people are as well. After the last presidential election, the Democrats liked to point out that the states with the most educated people also had the strongest Democratic support, the opposite of your claim, although this doesn't necissarilly prove that the educated ones were the ones voting Democrat.

    And of course the numbers could come out different depending on if you use mean or median education level, etc. In the end I'd guess that the average education levels of voters is more or less the same for Democrats and Republicans.
  11. What's the point? by Digital+Vomit · · Score: 3, Insightful
    Remember, everyone doesn't vote.

    What's the point in voting when all the candidates act the same way anyway? People aren't voting because there's are rarely ever any people on the ballot worth getting up to vote for. What's the point if Jack Johnson (R) gets into office instead of John Jackson (D)? They'll both make the same stupid decisions being made in the interests of big business or some special interest group anyway. We're left with is this ridiculous Rebulicrat/Demican waltz that goes on forever.

    The worst part about all this is the sheer number of people who think voting democrat instead of republican or republican instead of democrat will fix anything.

    You want people to vote in this farcical circus we call a democracy? Get the DMV involved and make it a requirement to have voted in the previous election in order to get your driving license renewed, or something equally retarded. The only way to get people to take part in something that's not worth doing is to either change the thing so that it *is* worth doing, or to force them into doing it.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  12. NAFTA is dead. by Anonymous Coward · · Score: 3, Interesting

    To be even more specific, Canada won every round in every court that mattered, INCLUDING the WTO and the NAFTA arbitration panel (that consists of 2 Americans and 1 Canadian). Unfortunately for our lumber industry, winning in court has no effect on the USA since they have shown they are totally willing to simply ignore the results if they do not fall in their favour. The current conservative government is more concerned with sucking up to the Americans than they are about protecting the interests of Canada, so they are ramming the agreement through, and the industry and provinces are pissed off but reluctantly agreed in order to get some semblance of normalcy back to the market.

    Ultimately, however, I suspect that the lumber situation will mean the end of NAFTA. The conservatives under Harper have demonstrated a distinct lack of backbone when dealing with the USA, so are unlikely to be elected in their current form, and pretty much every other party has declared that they want NAFTA renegotiated. What is the point of having an "arbitration panel" if the USA simply ignores their decisions?

  13. Right... because Bush Started the DMCA. by kinglink · · Score: 3, Insightful

    Blinding blaming Bush for everything our Goverment does gets old after a while. The DMCA was done in 1998, yet Bush has been blamed for that. EUCA (European DMCA) was done based on a trade agreement of 1996 by the WIPO.

    We made a Free trade agreement with Australia that effectively says you must conformed to the decisions of this group. Remember that President Bush didn't write this all himself, he didn't sign this law himself. Australian goverment and our own congress approved this law too, John Kerry was also a huge supporter (supposidly).

    But continue to call on Bush alone as if no one else but him did any of this.