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Draconian Anti-Piracy Law Looms Over Australia

ccozan writes to tell us of a law being rushed through the Australian legislature that would criminalize great swaths of the citizenry. The Internet Industry Association of Australia is posting warning scenarios spelling out how far-reaching this law would be. From the release: "A family who holds a birthday picnic in a place of public entertainment (for example, the grounds of a zoo) and sings 'Happy Birthday' in a manner that can be heard by others, risks an infringement notice carrying a fine of up to $1,320. If they make a video recording of the event, they risk a further fine for the possession of a device for the purpose of making an infringing copy of a song... The US Free Trade Agreement does not require Australia to go down this path, and neither US nor European law contain such far-reaching measures. We are at a total loss to understand how this policy has developed, who is behind it and why there is such haste in enacting it into law — with little if any public debate."

8 of 436 comments (clear)

  1. Re:it isn't that bad... by Wooloomooloo · · Score: 3, Informative

    No.

  2. Re:it isn't that bad... by CastrTroy · · Score: 4, Informative

    According to wikipedia, Happy Birthday was copyrighted in 1935, and the copyright doesn't exprire until 2030. That's an unbelievably long time for copyright to last. Especially on a song that never really had any financial use anyway. The funny thing is, is that wikipedia doesn't even write the lyrics, possible because it would be a breach of copyright.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  3. Re:A Bridge Too Far by CRCulver · · Score: 4, Informative

    For example, I can see a day when juries will simply refuse to convict people who run afoul of laws like this, as is their right.

    Jury nullification is a contentious issue, and the legality of it in many countries is my no means certain. For the U.S., for example, see Conrad's Jury Nullification (Carolina Academic Press, 2000) for a history that's sympathetic but which lists many of the points against. Because the matter is so polemic, it's silly to blatantly call it a "right".

  4. Turns out Happy Birthday IS protected by copyright by slightlyspacey · · Score: 4, Informative

    I always thought that the story of "Happy Birthday" being protected by copyright was an urban legend, up until 5 minutes ago, when I saw this article on Snopes. According to the article, the owner of the "Happy Birthday" copyright receives 2 million dollars annually in royalties. I'm definitely in the wrong business ...

  5. Last time I served on a Jury... by Anonymous Coward · · Score: 3, Informative

    The judge informed us that we were to base our decision on the law, the evidence and nothing else. He emphasized that last bit several times. He also explained that we may disagree with the testimony of any witness (finding it incredible or what-have-you), but we cannot disagree with the law.

    The judge said that after the jury selection was finalized, he would make all the jurors swear an oath to the effect of basing their decision on the law, the evidence, and nothing else. I got eliminated, so I didn't get to hear the exact wording of this oath.

    As I understand, what you say in the deliberation room is protected speech, and if you pronounce a verdict of not-guilty, that is pretty much that. However, the judge made quite an effort to intimidate the jurors into obedience...and there has been at least one case of a person being arrasted and going to court for things he said in the deliberation room (I read about it on the Fully Informed Jury Association website).

    Incidentally, from what I have heard, if you mention that you visited this website, you are very likely to be eliminated from jury service. Doesn't that seem kind of...you know...backwards? We don't like fully informed jurors trying our cases?

    In my opinion, things are getting very, very scary.

  6. Re:Simple Solution... by femto · · Score: 3, Informative

    I don't think I need a plan. If I do it and my position makes sense others will follow. If my position is sensible the chances are that others already have the same idea and are working in the same direction.

    By making it sound like my idea, my goals (and consequently that I must have a plan to spread it) you pay me far too much credit. I'm just on a path that thousands of people like Richard Stallman are already walking. A better description is that the actions of my government are causing my path to more closely follow the footsteps of those ahead of me.

    Over the last decade, since I first learned of GNU, I've been slowly coming to the realisation that Stallman, FSF and the GNU have got it pretty right. This isn't about software, convenience or better models of development. It's about the philosphy and mind set.

    I don't have to convince others. All I have to do is let them know that there is an alternative and what that alternative is. The opponents of copyleft will see to the convincing.

  7. Re:Well, that's simple! by RidcullyTheBrown · · Score: 3, Informative
    Of course Donald Horne, who wrote the book "The Lucky Country" was using the term ironically:

    "Australia is a lucky country, run by second-rate people who share its luck." http://en.wikipedia.org/wiki/Lucky_Country

    Sounds about right.

  8. Re:Americans by sabernet · · Score: 4, Informative

    The US pretty much hijacked the term "Americans" and we sorta let them('We don't know that guy' sorta thing). We Canadians are happy being called Canadians and will generally look at you funny if you call us Americans;P