Oz Criminal Copyright Research
p2pnet.net News:- As announced back in May this year, the Australian government is funding research into the nature, impact and extent of criminal copyright infringement.
To be undertaken by the Australian Institute of Criminology (AIC), the research will identify options for the Federal Government’s response to piracy and counterfeiting in the future.
What is Criminal Copyright Infringement in Australia? At the moment it’s generally limited to anything that involves commercial dealing and includes:
1 Making “an article” that infringes copyright
2 Distributing “an article” that infringes copyright, for trade or other purpose that prejudicially affects the rights holder;
3 Causing infringement on a commercial scale, even where the person involved makes no financial gain;
4 Causing the performance of copyrigthed material in a place of public entertainment;
5 Advertising the supply of infringing copies of computer programs;
6 Distributing “an article” in which “electronic rights management information” has been changed or deleted;
7 Dealing commercially with circumvention or broadcast decoding devices, or offering circumvention or broadcast decoding services;
8 Importing certain types of copyright material (films and books printed for commercial purposes) without permission.
Currently, there’s no sanction for the person who actually circumvents DRM. This is because the use of a circumvention device or service isn’t currently prohibited. The law also currently allows the manufacture and distribution of circumvention devices and services for certain “permitted purposes” such as activities by libraries, educational institutions and governments, and certain activities relating to computer programs (reverse engineering to produce inter-operable products).
However, the Australia–US Free Trade Agreement (AUSFTA) requires amendments to the Copyright Act and Australia has until January 1, 2007, to implement changes in relation to circumvention devices and services – the area considered too hard to include in the May announcement.
The space shifting fair dealing provisions suggested by the government at that time (which lamely only apply to CDs not DVDs) depend heavily on the user’s (otherwise known as customer) ability to bypass copy protection and they aren’t law yet. Furthermore, the May announcement indicated the intention to increase penalties for internet piracy.
There’s little doubt mass media corporations, record labels and movie studios will be making submissions to the AIC on the changes ‘needed’ to protect their dying business models.
It’s essential that anyone on the users’ rights side also make contributions to ensure the research reflects wishes and concerns of ALL stakeholders.
Interested parties have until August 4, 2006, to contact Alex Malik at alex.malik@aic.gov.au.
Sally Hawkins – p2pnet
[Hawkins is a former musician and songwriter who decided to study law after doing a course in Music Business Management in 1991; she's worked for various departments in both Federal and State Australian Government, holds a Bachelors Degree in Legal and Justice Studies (Criminal Law), a Bachelor of Laws (Honours) and is currently a postgraduate student with Southern Cross University writing a thesis on Copyright Law/P2P File Sharing.]
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July 25th, 2006 at 1:45 am
I’ve been a p2pnet reader for a long time and remember Alex Malik’s postings. I wondered why he stopped making them.
Seems he got a job with the Australian Institute of Criminology! Nice gig Alex, hope to hear from you here again.
July 25th, 2006 at 11:54 am
Yeh, Alex was trill, new australian correspondent looks like she will do just as good a job though
July 26th, 2006 at 1:48 am
The study is about piracy and counterfeiting – measuring it and proving it. The study is not about DRM, the FTA, penalties or dying business models. Perfect opportunity to check the cartel’s assertions about the extent and impacts of piracy – remembering these assertions form the basis of everything else that is claimed, such as the need to spend more public money protecting private rights.
June 15th, 2007 at 11:26 am
Alex malik got a job looking after Koalas. He thought he could communicate with them better.