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

Bill Clarke llib at computer.org
Wed Feb 18 22:51:16 GMT 2004


Alex Satrapa wrote, On 18/02/04 20:29:
>> 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.

as several others have stated, this is not the case.
this is from a friend who works in the copyright area:

"""
unlike the US, Australia doesn't have an open ended fair dealing
exception which covers copying for private use. Our fair dealing
exceptions only cover acts done for the purposes of research and study,
criticism and review, reporting the news, and providing legal advice
(see ss40-43 Copyright Act 1968). Technically, you're infringing
copyright every time you tape a TV program to watch later. There's a
specific exception which allows you to back up software (s47C) - but
that doesn't cover CDs or DVDs, and it can be legally nullified by
contract or technological measures.

A private copying exception was introduced in 1993, along with a levy on
blank tapes. Consumers paid a little extra when they bought tapes, which
was then distributed to copyright owners - consumers got a right to copy
for private use in return. This is the same system they have in Canada
and most of Europe (but no the US). However, it was ruled to be
unconstitutional by the High Court.

Since then, there have been many private copying models proposed -
mainly by copyright owners, and involving a levy. None have ever made it
to a legislative stage, cause of a whole range of complex considerations
- including the constitution, international treaties, the fact that the
technological protection market is just developing, political
considerations and practical considerations. One of the questions is
whether the need to have the law reflect ordinary people's behaviour,
and the consumer benefits this would provide in the new technological
environment, outweighs the potential costs to consumers, retailers, and
Australia as a whole - especially if no one's getting sued. I have to
admit, I'm not sure where I sit on that one - could go either way.

The most important thing to remember about private copying is that it is
only a civil infringement - so you're not committing an offence, and the
police won't get involved - it's up to the copyright owners to sue you.
This makes copyright basically a risk-management issue. You have to
weigh the benefit of copying the disc to you against the likelihood that
the copyright owner is going to hunt you down and take you to court over
it. The record industry has recently taken several Australian students
to court - who were running a website responsible for millions of music
downloads. The person at home, copying his own CDs so he can listen to
them in his car, isn't really in their ball park.
"""

cheers,
/lib
-- 
/lib BillClarke PostdoctoralFellow CompSci ANU cs.anu.edu.au/CC-NUMA
http://llib.cjb.net llib at computer.org  tel:+61-2-6125x5687 fax:x0010
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