[clug] Testing RTSP Streams [SEC=UNCLASSIFIED]

[Paul TBBle Hampson]

On Tue, Nov 13, 2007 at 05:41:28PM +1100, Roppola, Antti - BRS wrote:
> Paul Wayper wrote:

>> That's wonderful, but I cannot accept the conditions of use.  One of
> them is:
>> 
>>> The material shall not be used for:

>>>     * the purpose of satire or ridicule;

>> And, to me, censoring the media in that way is unacceptable.  I'd also
>> be interested in whether it's actually legal, although I know that we 
>> in Australia aren't graced with the same 'fair use' rights that 
>> USAdians have.  Is material published by the Government covered by the
>> same 'public use' rights that exist in the USA?

> www.copyright.org.au/pdf/acc/infosheets_pdf/G079.pdf 

}} Fair dealing for parody or satire
}} You can now use copyright material for the purposes of parody and
}} satire, provided your use is "fair".

> So I suppose it depends on whether accepting a EULA to access the
> service has precedence over any rights for fair dealing you might have
> under Copyright.

The difference is that the fair dealing provisions in the Copyright Act
aren't rights, they're just not infringements on Copyright.

You're still bound by whatever agreement you undertook to receive your
copy, as there's nothing akin to the provision regarding computer
programmes which nullifies agreements relating to these provisions.

Once you have a copy, breaking the license agreement to parody the work
is a (civil) contract law thing, not a (criminal) copyright
infringement. ^_^

Breaking the license in order to press DVDs of the work would be both.

> For example, I'd assume you can't use satire as an excuse to disclose
> information that might have been provided to you confidentially (a case
> in which contractual obligations would have precedence over satire). I
> suspect this is is a real lawyer question about how the Copyright Act
> and this agreement might interact.

Well, there again, breaking an NDA isn't a copyright infringement, it's
a contractual breach. Of course, an NDA's terms will usually be very
harsh if you break it, financially speaking. ^_^

-- 
-----------------------------------------------------------
Paul "TBBle" Hampson, B.Sc, LPI, MCSE
Very-later-year Asian Studies student, ANU
The Boss, Bubblesworth Pty Ltd (ABN: 51 095 284 361)
Paul.Hampson at Pobox.com

Of course Pacman didn't influence us as kids. If it did,
we'd be running around in darkened rooms, popping pills and
listening to repetitive music.
 -- Kristian Wilson, Nintendo, Inc, 1989

License: http://creativecommons.org/licenses/by/2.1/au/
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