[clug] [OT] EMI "copy control" on Linux

Kim Holburn kim.holburn at anu.edu.au
Wed Feb 18 11:57:13 GMT 2004


At 10:08 PM +1100 2004/02/18, Rasjid Wilcox wrote:
>On Wednesday 18 February 2004 20:37, Kim Holburn wrote:
>> At 8:29 PM +1100 2004/02/18, Alex Satrapa wrote:
>> >On 15 Feb 2004, at 22:37, Grant Baldwin wrote:
>> >>Bearing in mind that in Australia we already have no 'fair use' rights,
>> >>naturally.
>> >
>> >But we do have the right to make backup copies, to protect ourselves from
>> > damage to media.
>>
>> Actually I don't believe we do in Australia.  I believe you are not allowed
>> to make copies of Copyright material like music CDs.  I don't think you're
>> even allowed to rip a CD onto your iPod.
>
>A quick google turned up the following:
>
>"The Future of Fair Dealing in Australian Copyright Law"
>http://elj.warwick.ac.uk/jilt/copright/97_1brud/contentf.htm
>
>The main point is that the law in this area is a mixture of black letter law
>and common law.  In particular, I believe that it is common law that allows
>someone to legally make backup copies of something they own.  There is no
>black letter law stating 'you are allowed to make copies for backup purposes'
>- just a history of legal precendents.  (Usual disclaimer applies: IANAL.)

Fair dealing as I understood it does not include making a copy of a whole work.   So ripping to the iPod or the hard disk is out then.  I don't believe that fair dealing allows you to make backup copies legally either.

>
>Cheers,
>
>Rasjid.
>
>--
>Rasjid Wilcox
>Canberra, Australia (UTC +11 hrs)
>http://www.openminddev.net


-- 
--
Kim Holburn 
Network Consultant - Telecommunications Engineering
Research School of Information Sciences and Engineering
Australian National University - Ph: +61 2 61258620 M: +61 0417820641
Email: kim.holburn at anu.edu.au  - PGP Public Key on request

Life is complex - It has real and imaginary parts.
     Andrea Leistra (rec.arts.sf.written.Robert-jordan)


More information about the linux mailing list