[clug] Against US-AU FTA Intellectual Property Clauses

[Darren Freeman]

On Fri, 2004-04-09 at 14:23, Jepri wrote:
> Darren Freeman wrote:
> 
> > If I've said something stupid, then I probably don't want to hear
> > it right now given the number of recipients ;) But post it anyway.
> > 
> 
> It's a good bit of demagogery, so it'll probably get forwarded a lot.

if it works, it works

> In true demagogue style though, you don't give us a link to the 
> agreement(http://www.dfat.gov.au/trade/negotiations/us_fta/text/index.html),

Good point, I don't have a link. Google is your friend when it comes to
being informed. Not the worst crime in the world to leave it off my post
though, people who are going to read it will find it.

> so that we can draw informed conclusions.  I guess that you were hoping 
> that nobody will bother to check your statements and see how inaccurate 
> your rant is.

I'm not concerned if people take my word for it or not, they're free
after all. All I care about is that they go looking.

> For instance, reverse engineering will be allowed for the purposes of 
> interoperability, security and for removing spyware from programs!

> All laid out in 17.4.7.e, should you care to check that I'm not 
> deliberately misleading anyone 
> (http://www.dfat.gov.au/trade/negotiations/us_fta/text/17_IP.pdf).

In particular, if reverse engineering is performed for security but the
reverse engineer didn't ask permission or was denied permission, they're
still toast. 17.4.7.e.ii.

> The Australian government will also have the ability to declare 
> non-profit libraries COMPLETELY EXEMPT from the bad things in your post. 
>   If they do so, every open-source programmer will just have to join the 
> about-to-be-formed GNU Non-Profit Software Library, and they will be 
> safe. (17.4.8.a).

If a library is doing it, it is only "for the sole purpose of making
acquisition decisions". 17.4.7.e.vii

I presume you meant 17.4.7.a which only removes the possibility of
"criminal procedures and penalties", not the criminal nature of the
action. And even though this is in the FTA there's no guarantee the
gov't will make use of it.

Other than that I trust you.

> But let's not let facts get in the way of the really good panic we've 
> got going here.

you're welcome to panic, all I did was sign a petition

> Aaagh!  The sky is falling!  Aaagh!  Aaagh!  ASIO is reading my mail 
> because only I know the truth!  Aaagh aaagh aagh!  My toes are plotting 
> to kill me while I'm asleep!

Now that's just plain rude, dude. Say it to my face.

> FFS people, I've seen posts on Slashdot that were more accurate and 
> reasoned than this (OK, I've seen worse posts as well).
> 
> No wonder people think that we are freaks.  Not only do we go crazy 
> about things that nobody cares about, we get it wrong too!

It's a matter of oppinion as to whether nobody cares about it. And I
think I'm close enough in my post to have gotten the point across. You
didn't disagree with the other 90% of what I said, although I invite you
to if you like...

Have fun,
Darren