The Forum > Article Comments > Copyright vision: copyright jails > Comments
Copyright vision: copyright jails : Comments
By Brian Fitzgerald, published 26/10/2006Our obligations under the Australia-US Free Trade Agreement have the potential to make ordinary Australians into criminals.
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Posted by Stomont, Friday, 27 October 2006 9:25:55 PM
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I too am concerned about the approach the government is taking towards intellectual property legislation and protection. We are going to have a copyright system which is even more complicated and confusing than the current position. More IP laws, doesnt mean better IP laws.
However, I have a problem with daggett's suggestion for a world wide database. This ignores the rationale for copyright protection is also based on the protection of author's moral rights. Commercial considerations are not the only concern. Just because record labels are making excessive amounts of money by the increasing restrictions on consumers it doesnt mean the solution is to put a author/composer's work out in the public domain where anyone can use it in a multitude of ways that infringe the author's moral rights. We need to remember that its not all about money (even though it might be in the U.S.). Posted by Elly85, Saturday, 28 October 2006 3:58:48 AM
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Pericles,
Your hair-splitting and prevarication may serve your purpose of preventing some people from learning what is really happening in the housing sector, but anyone who takes the time and effort to read this thread with an open and enquiring mind will be able to see your deceitful ploys for what they are. Posted by daggett, Saturday, 28 October 2006 8:51:46 PM
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(Whoops! If anyone is curious about what my previous post is all about, see http://forum.onlineopinion.com.au/thread.asp?article=4834#59372)
--- Elly85, no-one would be forced to make any of their works available to such a database. However, if it were to prove difficult to prevent some from making available the works of others against their wishes, this would hardly be a reason to deny the rest of humanity, including many other creators of artistic, scientific and intellectual work, the massive benefits that such a database would bring about. If we are to maintain some form of restrictive copyright laws, then at least those who would be willing to contribute their works to such a database should not be denied the opportunity to do so. Let's not forget that the Internet is built upon open source software, written by people who are happy to make their works available to the rest of humankind. Also, there are many excellent musicians who have willingly made their work freely available, for example at http://www.electrobel.be, and there would be no shortage of similar examples in all other areas of the arts and science. Sadly, so many of those who have given so much have been remunerated poorly in return. It's ironic that many who benefit to our great expense from the copyright laws are, themselves, able to freeload on open source software. Even Microsoft has been caught out using web servers running on the open source Linux operating system, because their own costly proprietary operating systems are so insecure and unreliable. Such a database would actually make it possible for many more talented hardworking people to be properly paid for the endeavours that have been so beneficial to the rest of us. If such a system were to guarantee a decent income to all who made measurably worthwhile contributions, then should society be then obliged to maintain the restrictive Intellectual Property laws for the benefit of a small minority who may not wish to participate in such a system? I would suggest not, but in a democracy that would be up to the people to decide. Posted by daggett, Saturday, 28 October 2006 10:21:31 PM
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Thanks Stomont (http://forum.onlineopinion.com.au/thread.asp?article=5068#59510).
Another aspect of the question is that the business model of the recording industry forces us to unnecessarily waste a good deal of the earth's non-renewable resources in the manufacture and distribution of their products. These would include the petroleum necessary ot manufacture the CD's DVDs and cases and for transport as well as coal and metals. When the global supply of petroleum is set to peak at any moment before it begins its inexorable decline and given the global warming threat, it is reckless and irresponsible to waste these resources in this way when the existence of the Internet makes it largely unnecessary. This is not to say that the Internet is not itself without environmental cost, but we should use it to the utmost if it can possibly help prevent far greater environmental harm. Clearly the business models and vested interests of copyright owners stands in the way of doing this, so, for this reason, s well as the others discussed above, it should be ditched in favour of something similar to what I have suggested above. Posted by daggett, Tuesday, 31 October 2006 2:23:45 PM
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Good article.
Most of the "fair use" provisions in the new copyright act are so watered down that they provide little improvement over the current state of affairs. The provision to allow consumers to bypass region coding (such as that on DVDs which prevents legally bought DVDs from one country being played on another country's players) states that you can only break the digital rights management where the "sole purpose" is for region coding. It is not possible to create region coding encryption that could not be claimed to also be an anti-pirating device. The current loathsome DVD region coding scheme wouldn't even qualify as one you could legally break, as the media companies would claim that the encryption also is used to prevent piracy. So why bother with the clause at all? Shouldn't the onus be on the media sellers to come up with anti-piracy schemes that don't include trampling "free trade" of legally bought media? Then, if there is region coding, conveniently bundled with other rights-restricting, money-making schemes, we consumers would have a perfect right to bypass them all. Why can't the law simply allow individuals to exercise their fair use rights, but not beyond this, including the right to timeshift, make as many copies in as many formats in as many devices as I personally own and use? Posted by Indulis, Tuesday, 31 October 2006 7:33:41 PM
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It's plain to see that a company, or individual who charges upwards of $35 for a CD which is worth 30 cents, with packaging maybe worth slightly more or less than that, is the real criminal. Anyone who disagrees has a vested interest, or is too soft in the head to have their' own opinion. The only person being ripped off here is the average joe, and certainly not the multi-national media conglomerates.
I mean, we're talking about corporates who have no problem suing a little 12 year old girl over some downloads. Disgusting. I for one, own a few hundred CD's & DVD's, all legitimately purchased, and frankly, I don't owe these people a thing after the prices I have paid to date. In fact, I'd say they owe me for my loyalty, and putting up with being rorted for the last quarter century.