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[bourke]

Note that you can have your say to the government about this legislation and propose changes to it until next Friday.

 
http://www.ag.gov.au...A2571DF0021BCA3
 

I really think it's a case of 'clarifying' what is already implied - removing ambiguities. I.e. the crux of the legislation is fine (the 'vibe' if you will) - however the devil is in the detail.

The problem of the previous copyright law was not that it wasn't correct - the problem was that six (6) High Court judges and four (4) Federal Court judges could not agree what one particular crucial sentence meant!

Now how can citizens be expected to understand the written law if your ten best judges in the country cannot!

So my feelings are to clarify that:

1. If any device (device has always meant software as well as hardware) employs region coding _at all and in any form_ then it (the whole system) must be completely excluded from being covered by the law.

This would mean that all current games consoles except for the DS and PSP are not covered by the new laws - as all the rest employ some form of region coding for either games or for DVD movies.

2. Games console software must be classed a 'computer software' - making perfectly clear it is not classed as a movie.

3. Making personal backups of computer software for non-commercial purposes must be legal.

Thereby permitting the backup of your own legally purchased software and console games.


I really think that is all we need - and it seems to read that way already - we must just clarify these three important points.


 

Please have your say to the goverment.

[neon]

QUOTE(bourke @ Sep 16 2006, 02:50 AM)

The problem of the previous copyright law was not that it wasn't correct - the problem was that six (6) High Court [Australian] judges and four (4) Federal Court [Australian] judges could not agree what one particular crucial sentence meant!

Now how can citizens be expected to understand the written law if your ten best judges in the country cannot!

...with reference to 'your ten best judges' I'm guessing that you are not an Australian...perhaps an American?  If in fact that is the case then we now need more like yourself to clarify our legal position  

[neon]

bourke. Are you in the legal profession...a lawyer?  If so, then this is invaluable feedback.  From your analysis the xbox, xbox360 and PS2 are not affected by the AUSFTA.  The problem with this legal stuff is that it is open to interpretation...for some reason it always seems to mean to opposite of what is intended...

[bourke]

Comments on the TPM provisions of the draft Bill should be sent to the Attorney-General's Department by close of business 22 September 2006.

E-mail:

copyrightlawbranch [at] ag.gov.au

Snail Mail:

Copyright Law Branch
Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON ACT 2600


Also, just clarrifying that Sony PSP consoles are also not protected by the new laws as they include region coding in their UMD movies - only the Nintendo DS is totally region free.

[bourke]

QUOTE(neon @ Sep 17 2006, 08:37 AM)

so has Minter Ellison misinterpreted the proposed law?

Not entirely, they just did not factor in that all current games consoles currently employ region coding and that there is a note on this in the new draft legislation (below).
 

Subsection 10:

'Note:    To avoid doubt, a device, product or component (including a computer program) that is solely designed to control market segmentation is not an access control technological protection measure.'

 
What quite a few legal experts have already questioned is how this particular note will hold up in court and secondly what exactly the word 'soley' means in the context of that sentence!

I.e. there is no dispute that Region Coding is designed SOLEY to control market segmentation (refer to Steven versus Sony, 2005)

A person knowlegeable in the technology industry can easily see that region coding is usually tightly coupled with other access controls.  So in order circumvent region coding you will often have to circumvent many other access controls at the same time.

Therefore what is implied is that the word 'soley' applies to the region coding mechanism itself - and NOT that the sole access control in the device is region coding!

A subtle but very crucial difference.

[neon]

so it may become illegal for Australians to post certain information on these threads since we don't have the Americans beloved freedon of speech?

[bourke]

Guys, a very interesting legal discussion:

 

http://www.lawfont.c...-for-consumers/


Note my comments at the bottom!

[Arch0n]

QUOTE(bourke @ Sep 18 2006, 09:06 AM)

Guys, a very interesting legal discussion:

http://www.lawfont.c...-for-consumers/
Note my comments at the bottom!

that article wans't bad except the author takes a few stabs at this and that, guess work really; in particular in regards to region encoding. Burke's post actually asked the right question, "how much of TPM is region protection and can I "go through" the TPM to get to the region encoding which I am allowed to remove.

the Exposure draft (linked to on the ag.gov.au site posted ^) says:

QUOTE

19 Note: To avoid doubt, a device, product or component (including a
20 computer program) that is solely designed to control market
21 segmentation is not an access control technological protection
22 measure.

I take two things from this: my assertion that the author of LawFont was ranting a bit - IMHO, this means DVD players will now be region free or manufactures should expect wholesale modification without statutory recourse.

The second is that, like was said somewhere above, my gut feeling is that violating TPM to get to region protection is not on, as clearly the TPM was not solely for that protection. A lot depends on that word.


Interestingly, I find hope here:

QUOTE

Exception—interoperability
2 (3) Subsection (1) does not apply to the person if:
3 (a) the person circumvents the access control technological
4 protection measure to enable the person to do an act; and
5 (b ) the doing of the act:
6 (i) is in relation to a copy of a computer program (the
7 original program) that is not an infringing copy; and
8 (ii) is not an infringement of the copyright in the original
9 program; and
10 (iii) is for the sole purpose of obtaining information
11 necessary to achieve interoperability of an
12 independently created computer program with the
13 original program or any other program; and
14 © the information is not readily available to the person from
15 another source when the act is done.

For instance, if I want to run linux on a device with TPM then in order to make my programs (linux) interoperable with other programs on the device (kernel and microprogram) I can circumvent the TPM.
Of course there's holes in the argument. I'm not dealing with an infringement free copy of the original program, eg, with cromwell I have ignored it completely but with say executer, i've got and infringing derived work in place instead.

Secondly, the information  I gained to achieve interoperability isn't used in my program for compatabiliuty, it is used by the circumvention device, which remains in place. Don't really  know where that leaves the argument  

Perhap the best bet now is to submit comments by Sep 25th for the "Further review of exceptions in particular supporting making back-up copies of computer programs.  If this is allowed and the same device in place will execute the backup then we all win.

Details of the process are here:
http://www.ag.gov.au...-September_2006


In the mean time, I've put the following in my signature for all out going mail I get in replies to repairs and mods:

QUOTE

* IMPORTANT *

Are you aware of the introduction of amendments to Australian Copyright
Law in order to comply with "obligations" under the Australian-US Free
Trade Agreement?
http://www.ag.gov.au...A2571DF0021BCA3

Are you aware that these Amendments will *criminalise* the possession of a
modified console (essentially a toy!), regardless of whether you are
playing backed up games, using free media player software, or running a
free operating system, eg Linux and not even playing games?

The Australian government is capitulating by proxy to the machinations of
corporations such as the RIAA, MPAA and Disney, who push the US Digital
Millennium Copyright Act for their own agenda from behind the scenes. See:
"Copyright and the Mouse: How Disney's Mickey Mouse Changed the World"
http://www.digitaljo...?articleID=4031


* WHAT CAN YOU DO? *

Argue for the exception to the reforms allowing TPMs to be circumvented in order to make backups of software. Please read the following  and note the strict procedure:
http://www.ag.gov.au...-September_2006


Ask for provisions for TPM circumvention in regards to reverse engineering, device adaption and software backups or express your concern at having foreign powers and the bodies behind them
dictating Australian Law!

Write/email your federal member of parliament:
http://www.aph.gov.a...rs/mi-elctr.asp

Write/email your state senators:
http://www.aph.gov.a....asp?sort=state


Ask the ACCC to 'lobby' on behalf of Australian Consumers for full control
of devices they buy - including modification which may affect TPMs:
http://www.accc.gov....r...&type=Other

or make an anonymous call on: 1300 302 502


Thanks, from all members of the modding/hobbyist community in Australia!

[PhatIrishBastard]

QUOTE(b2kmods @ Sep 19 2006, 11:53 PM)

very nice post Bourke... for anyone wanting to learn more about these new laws, read that article...

alot of shops like myself will defenitely have to close down eventually thanks to this new law, the scene will defenitely go underground.. expect higher mod prices, fly by night modders, and far more backyard modders... in the end consumers will lose out, and the laws will do nothing but force the scene underground..

sadly the law has plenty of holes, there is opportunity for companies like Sony or Microsoft to abuse the power they have been given...

very very dissapointing really, but what are we meant to do when we have a little bitch as our prime minister...

I am suprised you guys can even open up shops with one of its sole purpose being chipping consoles. Or to even chip consoles out in open.

We had a guy in my city selling mods at the flea market, making a killing until the authorities got a sniff of what was going on as a result of his popularity.

Well, they threw him under the jail, criminal copyright.

Just sounds like you are (legally) squaring up with the americans.

[b2kmods]

guys this bill was introduced into parliament last thursday i believe.. seems that the bill has the supporting of labour, democrats, and the nationals giving them clear power and the bill will be passed..

i believe the bill is only being re-written to exclude book publishing   dont quite get this one but thats what one site has reported.. is this the information others are getting??



http://www.ag.gov.au...opyright_Regime

this site reports that "copying and converting cds and dvds" wil be easier under the new law, but its all propaganda... in fact the local paper "the West Australian" even reported this fact but failed to mention breaking TPMs would to put you inline with jail time.. either this was a mistake & a total lack of understanding of the new law or it was biased reporting... id put my money on the later conclusion..

phatirish bastard things are different here. i only opened a store because the law was on modders side, and why not, what we do is no different to owning a PVR, a CD burner, or a copy of Nero... one company here in Perth even started franchising at one stage having around 5-6 stores..