Speaker Kimberlee Weatherall, IT Laywer, University of Queensland
Time 2007-01-18 09:50
Conference LCA2007

3 ACTS changed for FTA (free trade agreement) reasons.

2004: FTA concluded

  • IP chapter - longest
  • IP - intellectual property
  • same with other countries signing with USA
  • copyright term extension

2005-2006 - Fair use clause? USA -> Australia

220 page copyright amendment ACT 2006

  • very political
  • divide and conqueror

stuff that looks good to users

  • iPod legal
  • recording TV shows legal
  • Parody and satire
  • libraries - on a device you own


  • DMCA
  • less free copying for schools and Uni
  • No need to prove knowledge and intent, police can have on the spot fines

video under review in 2 years

Apple against

Apple against

Linux Australia against

Highly qualified specific exemptions, unlike USA’s fair use law.

example: iPod exemption has 5 qualification clauses (only sound recordings).

DMCA –> Australian DMCA

DeCSS - DeCSS found to be liable under DMCA

DnetD - if using other servers - illegal under DMCA


skylink - garage door openers

  • Need permission from copyright holder.

OzDMCA - ban on circumvention: “In connection with the exercise of copyright”

What does this means?

  • It depends on the courts.


  • Move servers to NZ (NZ bill being proposed), Canada, etc.
  • Revolution - mass disobedience
  • run a test case
    • sympathetic client
    • risk: might get a bad ruling; depends on judge
  • lobby for change
    • really hard
    • some criminal provisions have been removed
    • iPods legal
  • go forth and do cool stuff
    • make people care


  • TPM allowed to circumvent but not to distribute

law written by people without technical background