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

bad

• 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

lexmark

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.

Solution?

• 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

Malfuctioning/obsolete

• TPM allowed to circumvent but not to distribute

law written by people without technical background